Evening star., 1923-06-01

CONTINUED from First Page.)
creasing his own chances to get the
presidential nomination on damp
platform
Morally. Gov Al Smith has his own
ideas about whether prohibition ls "A
good thing or a bad thing. The
answer in his own mind is that ii
has brought evils as well as benefits 3
and that the saloon can never re-
turn. but that modification of the
existing situation so as to permit
light wines and beers would violate
| no moral code of modern civilization.
Legally I'm Doubt.
Legally. Al Smith has been in doubt,
That's why he held hearings. 1t was
self protection. But he now has
heard every legal argument under the
sun. He knows what he can and can
not do.
The pro and con OF the legal side
as brought out at the hearings leaves
Gov. Smith in such a position that he
can take either horn of tine dilemma.
! In that respect the political and
moral side influences his final de-
ciSion.
Taking the best legal argument
made by the 'drys," namely, that OF
Wayne r. Wheeler. general counsel
Of the Anti-Saloon League of Amer
lea. and analyzing il from the view
point of the other side. one sees at
a glance the opportunity for differ
ence of opinion and for "A discretion
AIRY action.
Brief Full OF Holes.
brief. 1t contains every argument
that any one on the dry side would
want to see applied. II is forceful
statement. But the "wets" find it full
OF holes
1t all turns on the meaning Of spe- .
cific words. Never was a legal die
tionary more necessary. never was it
30 essential to look specifically and
concretely at a word and determine
its commonsense meaning.
The first word that has to be de-
fined Is Intoxicating" The eight
eenth amendment says Intoxicating"
liquors used for beverage purposes
shall not be manufactured or sold.
Gov. AL Smith said in his Coney
Island speech that he would uphold
! the Constitution. The 'drys" here
have talked a good deal about the ne
tion," but the real issue Is what does
that Constitution say. And the truth
, is il says nothing at all but "intoxi-
eating. II doesn't define il. Con-
gress is left TO define what 'intoxi-
eating" means. The Folstead law was
/ the first act that attempted to define
il. One-half Of I per cent of alcohol
, was fixed rs not Intoxicating" but
i Gov. Smith doesn't believe in that
, definition. and he points out that
Woodrow Wilson vetoed the NoIstead
law because he didn't think it was III
< sH.Vl ff,r4 - -, l.,
amendment.
Can Act Either. Way.
So Gov. Smith can say the Mullan-
Gage law Is or isn't in conformity
| with the eighteenth amendment, and
still be an ardent champion of the
eighteenth amendment.
The next point relates to that part
| of the eighteenth amendment, which
says "the Congress and the several
states shall have concurrent power
to enforce this article by appropriate
legislation"
Phrazins IndiHnitc.
! What do the words Concurrent
! power mean? What is meant by the
words shall have: Docs that mean
! shall exercise" or does II mean sim
ply shall possess and exercise if
! it SO wishes. in other words. did ii
! mean that the several states shall
| retain" concurrent power to enforce
| the eighteenth amendment "by ap-
! propriate legislation" determining 6
| for themselves whether appropriate
| means sufficient, adequate or in con-
formity with the prohibition Of in
| toxicants?
Wayne Wheeler answers these
| questions by referring to other ar
ticles in the federal Constitution. par
| ticularly the one which imposes ar
| obligation on the several states &c
! choose presidential electors The
| Constitution says each state shall
| appoint in such manner as the legis-
| lature thereof may direct a number
| of electors. ETC. That's a mandatory
| statement. says Mr.. Wheeler. and the
"wets" agree with him, but they con
l tend that there's difference between
4 the positive command contained ir
the words shall appoint" and the
| statement that the several states
shall have" concurrent power to en-
| force or define the eighteenth amend
| ment. The vets" can find no obliga-
| tion conveyed in the words shall
| have"
The case of the "drys" really is
that the obligation is one of moral
1 compulsion to make the enforcement
4 Of prohibition uniform, but that goes
| back again to whether q beverage is
or is not Intoxicating at one-half OF
| one per cent
Legally there are plenty of loop
| holes. Morally there are differences
| of opinion as to what is good and
| bad for the nation and state. Polfti-
cally there are obligations galore
All three are always interviewer ir
prohibition.
tCnnrrirht 1902