The American issue. [volume] (Westerville, Ohio) 1912-19??, 1922-12-15
Vets Say Scientific Men Should
D. Define What Drinks are
Intoxicants
SEEK HIGHER PER CENT
Dry Forces Declare It is Move
to Confuse Issue. Defeat Law
Enforcement

National Prohibition law will be their
effort to secure resolution in Con-
gress to appoint scientific commits
mission for the purpose OF obtaining
a definition of 'intoxicants".
t4se The wet leaders have the hope that
moi, such commission would raise the
10 standard form one-half of one per cent
e4ib,as now defined by the Volstead law,
sesto a standard of sumcient strength
Ito furnish the desired kick to the
ssu booze thirsty and thus render the
sdi Eighteenth Amendment of no effect.
~ AT meeting of the representatives
sa,aof the Anti-Saloon League ond Pro-
. Inhibition workers OF the forty-eight
odv states and the District Of Columbia OF
p the United States, at Toronto Novem-
soiEber Is, by unanimous vote it was de-
cided to oppose any such resolution in
81 Congress to appoint such scientific
aisdcommission. The findings of such
s-occommission would serve no helpful
mi purpose in determining what legisa-
-sa. tion is necessary to enforce the Eight
s3lseenth Amendment
s7sS These representatives of the League
= and the Prohibition workers declared:
awe believe this movement for
so-called scientific commission
initiated by wet interests many
months ago, is not designed to work
out solution of the law enforcement
problem but on the other hand to
confuse the issue, break down law
enforcement and ultimately to secure
the repeal of the Eighteenth Amend
ment.
s.o. mo scientific commission can
80, determine accurately what is intoxi-
ADV, eating liquor for group of hundred
= million people. Alcoholic liquors
affect people differently, according
s. to age. temperament, tolerance to
use, and many other conditions.
Consequently no accurate conclusion
could be reached with reference to
this question.
AL effective law enforcement
codes are based upon experience as to
what is necessary in order to enforce
1.-The law. Forty-four states have in
their own codes adopted the standard
,of one-half OF one per cent alcoholic
content, or lower alcoholic content
Two only have one per cent stand
ard. Congress can not legalze what
the states by their own laws have
prohibited. Therefore any change in
3ethe present standard based upon the
conclusions of the scientific commits
sion could only result in chaos and in
the encouragement of lawlessness.
o. "The one-half per cent standard
adopted in state and Federal enforce
sment codes was first enacted into the
liquor tax laws at the suggestion OF
the liquor dealers themselves as the
best standard to prevent illegal COM
petition by bootleggers who sold liq-
uor without paying the liquor tax. If
il was necessary for the enforcement
of the liquor tax law to prevent eva
sions it Is equally appropriate for the
enforcement of the prohibitory law.
GllTheA existing standard in state and
Federal laws was not adopted be-
cause liquor containing that alcoholic
content will intoxica,e any person but
because it will not intoxicate. The
difficulty in law enforcement at this
time is caused by the alcoholic ap-
.ypetite created under the license
system. II the amount of alcohol in
permitted beverages is sufficient to
fraperpetuate that appetite the difficulties
of law enforcement are interminaby
prolonged and the result would be to
encourage lawlessness.
- mo state or Federal enforcement
code was ever adopted upon the con-
.elusion OF any commission as to what
is actually Intoxicating. The United
States supreme court has held that
neither Congress nor the states can
80. by legislation license or permit what
=, the Eighteenth Amendment prohibits.
This court has further held that Con-
= gross may adopt such legislation as
y, il deems necessary and appropriate to
enforce this amendment; and that in
defining beverages containing one
half Of one per cent alcohol by
volume as Intoxicating Congress was
acting within the authority conferred
upon it by the Eighteenth Amend
ment.
'The test therefore in determining
what is appropriate and effective
legislation is not what liquor will
actually intoxicate but what standard
in the definition of Intoxicating liquor
lis best to enforce the law effectively.
a., For these reasons we call upon the
!. friends of Prohibition both in Con-
gress and out of it to oppose by every