The Jones County news., 1922-12-05

Itu OF the lulte0 States ~ sp'he
minds that settles things absolutely
until the day. If II ever shall come,
when the constitutional amendment
shall be repealed
Now II should be noted that the
eighteenth amendment to the Consti-
tuition provides this: "The manufac-
ture. sale or transportation OF intox-
icating liquors within. the Importation
thereof into. or the expectation there
Of from the United States and all ter
ritory subject TO the Jurisdiction
thereof for beverage purposes is here
by prohibited
The whole thing. therefore. seem
ingly hangs on the answer to the
question OF what are Intoxicating
liquors Several congressman have
expressed a determination 10 intro
duce bills providing for notifications
OF the yolstead act which fixed the
alcoholic content Of liquors which may
be sold at an exceedingly low per
centage, one that almost reaches the
vanishing point.
Question for Supreme Court.
1t is held by great many men
that congress BY statute can define
just what intoxicating liquors are, and
thereby If congress should say that
wine containing IA per cent OF alco-
hol is not Intoxicating a beverage Of
that alcoholic content can be sold not
wlthstanding the provision of the
eighteenth amendment
AS a matter of fact. the Supreme
Court of the United States probably
would have to decide the question.
The Prohibitionists know this, and
some Of them say they do not in any
way fear the result Of an act Of con
gress which, for instance, might say
that per cent beer and 10 per cent
wine are not intoxicating. They say
the best possible exhibit for court
which has to pass on the matter would
be the attested case of some man who
Rad been drinking per cent beer and
10 per cent wine. and who had been
picked up incapacitated
The advocates Of light wine and
beer say judges. like other people, are
human. and viii take a human view,
end they add that the human view
is liberal. Therefore they say they
are not afraid OF any decision which
the Supreme court might render con
cerning an act Of congress which fixed
what they call a moderate measure on
alcoholic content for beer and light
wines.
There has been a great amount of
misunderstanding concerning this wet
and dry question. 1t seems to be
American citizens, men of supposed
Intelligence, believe that congress OF
its own act can set aside constl-
tutional amendment. Speeches which
came pretty close to being a specific
statement to this effect were made in
places during the recent campaign. II
Is said that In certain parts of the
country some of the voters actually
believed that If they elected a rep
resentatlve or a senator known to be
wet" on the day following the cleo
/ ton all the saloons In the district
/ or in the state would be opened and
no one could deny their right to sell
liquor
Power OF congress Limited.
OF course this is statement of
one Of the extnmes in the case, but
II is generally believed In some places
that the two hotses of congress by a
Joint vote can set aside a constitu.
tional amendment. All that congress
can do, Of course is TO have the mat
ter of repeal of IN amendment to the
Constitution submitted to the states
of the Union for sction. If congress
shall modify the present law so as
To permit the manufacture of light
beer and light wines and the United
States Supreme court shall declare the
law unconstitutional, the only way of
bringing back light wines and beers
to the bars of the country win be
through repeal of the amendment
which today forbids their appearance
cn bar or table.
The attempt here has been made to
set forth without prejudice the situa-
tion in this wet and dry case It
seemingly is true that the vets gained
a number In the next congress, but 1t
also is true that nine states Of the
Onion can prevent a repeal of the
eighteenth amendment. If the amend.
ment is to be changed, II viii take a
long time TO do II. 1t is certain how
ever, that when the new congress
meets attempts will be made to define
inst what Intoxicating liquors arc