South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-06-05
Ole PublicpulSQ
ANENT PROHIBITION.
~ u

To the Editor OF The News-Times:
1 have just read your editorial Of
May 10, on The Liquor Question"
In this editorial you speak of Con-
gresham Hills bill for Congressional
District Local Option on the beer
question and suggest that il be
amended so as to make it national
instead, and that in that form every
prohibition adherent should welcome
it and support its passage by con-
gress. Your reasons for doing so
are that a nationwide vote on the
question would result in an over
whelming defeat of the liquor inter-
ests, and would then make the prob
/ lem of enforcement easier.
The spirit which you show in this
editorial is commendable, and the
discriminating analysis of conditions
/ brought on by the liquor interests
| themselves, and their mis-represen-
| tations as 10 the adoption OF the
| Eighteenth Amendment by a minor
| ity only. are also convincing. think
! that a nationwide referendum on
the liquor, or beer. question would
result just as you predict. and 1 be-
/ lieve the friends Of prohibition
would need entertain no fear as TO
the outcome Of such an election; and
I agree further that such a popular
victory for the cause OF prohibition
\ would do the cause wonderful
/ amount OF good perhaps accom-
/ plishing all that you predict in the
matter Of stamping violators OF the
| prohibition lay as criminals in public
! esteem in a manner not now the case.
/ However, there IS one insurmount-
/ able objection 70 doing this-one to
which your attention has probably
not been called. and which. I be-
lieve you will readily see. And this
/ is that even should a nationwide
! referendum in favor OF beer. or OF
any other or all other intoxicants,
/ result in a majority against prohibit
/ ton and even then should congress
| legalize the same. IL would be 81
! legal so long as the Eighteenth
I Amendment IS a part Of the Federal
/ Constitution Congress itself can
not legally do anything which the
constitution prohibits. and the Eish-
teenth Amendment specifically pro-
/ hibits the manufacture and sale OF
intoxicating beverages.
The courts Of last resort have held
\ that whisky, rum, brandy. gin. beer,
| wine. and even white mule" are
/ intoxicating. and IN the trial OF any
I one charged with the manufacture
+ or sale of intoxicating liquors con-
\ trary 10 the law. proof that the
I liquor manufactured or sold is beer.
/ or wine, etc. is sufficient 20 warrant
a conviction by either a court or a
jury Further, the federal govern
ment for over half a century has
\ held any beverage containing as
much as one-half OF one per cent or
/ more OF alcohol. by volume. as in
| toxicating, and prohibited the
manufacture or sale OF the same
without first securing a federal tax
I receipt for the manufacture or sale
/ OF intoxicating liquors. as the case
would be. Nearly all the states de-
I fine intoxicating liquors the same
way. our own included. and pro-
hibited the sale for beverage pur-
poses OF any such liquors without
/ nrst securing a license for that pur-
pose With these findings OF courts
/ Of last resort in mind and with the
unvarying practice OF state and fed
eral governments before them. the
/ congress OF the United States sub
/ mitted the Eighteenth Amendment
and as states have adopted the same
$50 state senators voting for 10
2I5 against and $40 representa-
tives voting for 10 s5s against. When
| congress, therefore. in the enact