The American issue., 1923-04-20

dS0 Two
Aork's attempt to reyiialize the corpse
comes too late.
: With those who make straight
out. clean fight 10 repeal the Eight
ecnth Amendment have no quarrel
as TO their method OF procedure
they have right under the Consttu-
ton to do this | shall oppose such
repeal with whatever vigor may
possess but recognize the right OF
friends OF the liquor traffic to proceed
along this line.
Constitution is Supreme
Forty-six states ratified the Eight
centh Amendment, and it will take at
least so states 10 take il out OF the
Constitution. But for the following
reasons | cannot vote or give my in
hucnce in favor OF practical nulihca-
ton OF that amendment while it is
part of the Constitution.
First, the Constitution is the
supreme law of tho land. The Eight
centh Amendment, a part OF that in
strument, says as clearly as language
can express II that After one year
from the ratification OF this article the
manufacture. sale or transportation OF
Intoxicating liquors within the inn
portation thereof into, or the oxporta-
.. a. I
and all territory subject to the juris.
dicton thereof for beverage purposes
is hereby prohibited"
Beer and Wine Intoxicating
AS a matter OF fact, beer and wine
are intoxicating--thc fact that they
arc is the motive back OF the insistcnt
demand for legalizing the sale of these
liquors. Consequently the action
proposed by advocates OF beer and
wine would be, in effect, an evasion
OF the plain provisions OF the Consti-
tution--an attempt TO accomplish in
directly what is forbidden directly.
Saloons Would Come Back
Second The lcgalizing OF places
where wine and beer could be sold
(saloons) would be a constant invita-
ton OF the law prohibiting the sale
OF spirituous liquors. Does anyone
acquainted with the history OF liquor
legislation and law enforcement
imagine that these places that could
lawfully sell wine and beer would not
also sell other liquors.? Has the
record OF the saloon on obedience TO
law in the past been such that 1t can
now be safely entrusted with the en-
forcement of the Eighteenth Amend
ment? Legalizing the sale OF wine
and beer would make law enforce
mcnt impossible and ultimately break
down and destroy the Eighteenth
Amendment altogether.
State Laws Against Beer
Third More than thrcc-fourths OF
the states OF the Union, by their own
separate, individual acts have within
their borders. prohibited the very
thing which New York now asks Con
gress to lcgalize. Congress is with
ont power to make lawful in a state
a traffic that is already prohibited by
the laws of that state.
Two .t2l states, Texas and south
Carolina, Have already prohibited BY
Their own laws the sale OF beverages
containing per cent or more OF alco-
hol.
Nine (o) states, including New
York. have adopted the standard fixed
BY the National prohibition law. The
other 8 states in this group are Penn
sylvania, Louisiana, California, Wis
consin, Nevada, Maine and Mis-
souri,.
Fifteen C5) states prohibit abso-
lutcly the sale OF any alcoholic bever-
age whatever, no matter how low the
percentage of alcoholic content.
These states are New Hampshire,
South Dakota. Washington, IDAHO
Colorado. Iowa, Michigan. Kansas, NJ.
Carolina, Kentucky. Mississippi, New
Mexico, Arkansas, Arizona and Ala
bama.
Twenty (2o) states OF the Union
prohibit by their own acts the manu-
faeture and sale OF beverages contain
ing onc-half of ono pcr cent or more
Of, alcohol. These states are
Delaware, Illinois. Indiana, Mime
sota. Montana. Nebraska, New Jersey,
North Dakota. Ohio, Oregon, Rhode
Island, Utah. Vermont Wyomlns'
West Virginia. Virginia, Florida
Georgia. Oklahoma and Tennessee.