Five Mile Beach weekly journal., 1923-05-31

famous Volstead Act.
l was a member of that Congress.
I opposed its adoption. May I ven
ture the conviction tonight that three
and a half years experience under the
provisions OF the act, has not altered
nv mind? Rather, may l modestly
observe it has confirmed my Judgment
OF that time?
I am here tonight to discuss the
failure of that Act-not the Eighteenth
Amendment. Let us not confuse the
two things. The Eighteenth Amend
ment is now written into the Consti-
tuition of the United States. 1t is a
mandate from the people of the coun-
try and IL first duty is to make every
effort to have it enforced. The Eight
eenth Amendment prohibits the manu-
facture, sale, or use of Intoxicating
beverages. The language is plain n
cannot be misunderstood.
On the other hand, the Volstead Act
is an Act of Congress subject to
amendment and change as a majority
of Congress elects. 1t was passed for
the purpose Of carrying out the pro-
visions of the Eighteenth Amendment.
It provides, among many other things,
that no beverage shall be legal that
contains over one-half of n per cent
of alcohol. In other words, 1t arpl-
trarily infers that beverages of over
this percentage are intoxicating.
OF course, we all appreciate that the
intent oil the Eighteenth Amendment
with the subsequent passage of the
Volstead Act was to overcome the
harmful effects of intoxication. The
object was a very laudible n and
beneficial results might have beer OBJ
tanned if the Constitution had been in
terpreted in a fair and equable manner.
However. because of this unjust reg
ulatory measure, entirely contrary TO
the constitutional mandate and the
subterfudges employed to evade the
law, I contend the present situation
is developing as harmful effects as
existed in the old d.. Worse In fact,
because it is combining with intoxl-
cation, alcohol poisoning in its worst
form and encouraging a general con-
tempt for all law that is threatening
the very foundations of our democra-
tic form of government.
I am not here to be sensational or
to tear down. On the contrary to try
to help an intolerable situation. For
a member of Congress to evade it
when everyone realizes and recog-
nizes present d~eplorable conditions
is indefensible. The time has gone
by to be satisfied with a law on the
statute books or with statistics pub
lished in an effort to bolster up a sit
uation which would be ridiculous
were it not so far reaching in it's eff
fects. Facts rather than statistics
demonstrate the complete failure OF
enforcement of the Volstead Act, and
it is beyond my comprehension how
any sincere advocate of law and order
can resist efforts to try to remedy
existing conditions.
| am not opposed to law enforce
ment. On the contrary, I am endeav-
oring to make it possible.
Whatever may be u views of the
wisdom of the Eighteenth Amendment,
relief cannot be obtained through rail-
ing at or berating the Constitution.
How to make it effective is u pro-
blem. To blindly insist on an i'm
possible enforcement law is not only
poor craftsmanship, but stubborn in
consistency.
Congress cannot amend the Consti-
tuition. But it can revise its own act
the Volstead Law so that it will
reflect spirit of every part of the
Constitution. What Congress can do,
it can undo.
In seeking relief we are not VIOLA
ting the Constitution. That term bet
ter fits those who insist that the
Volstead Act is warranted by either
the terms or the spirit of the Consti-
tuition.
I contend:
1st. That the Republic exists only
by the consent of the people. They
create and maintain the Constitution.
Congress is their servant. Without
their respect and obedience to the
laws-which their Congress has enac-
ted-there can be no democratic gov
eminent.
End. That lawlessness and disre-
spect for law are rampant throughout
the Nation; that it is the patriotic
duty of all good citizens and espec-
tally of those in high public office to
seek the fundamental reasons for this
deplorable condition; to alleviate the
cause or causes and to recommend
and apply a remedy.
3rd. That the Volstead Act is flag
rantly and openly violated by large
numbers of our eltizens of all classes
who, in their daily lives, are good men;
typical Americans, who are otherwise
loyal to the principles Of our institu-
lions. That they are not generally in