Evening star., 1923-02-23
''Wets'' See Hope for Beer;
''Drys'' Sure 1t Is Only Mirage
Question of Modifying Volstead Act One
Of Vie,Upoint---Both Sides agreed
Saloons Are Doomed FOreDer MUS.

| the remaining ga wet counties. Since
thfrty-three dry states have sixty
six representatives in the United
States Senate, which Is just two more
than the requisite two-thirds. a
resolution calling for the repeal of
the eighteenth amendment would not
at this time have ghost of a. show.
The chances of getting two-thirds in
the House are similarly slim, because
the west and south together command
enough votes to block action.
So what is the first step that the
people opposed to extreme prohi-
bition will be asked to take? Modi-
f1cation of the Volstead law to per-
, NIT a higher alcoholic content than
one-half of 1 per cent. A majority
vote of both houses of Congress is
all that is needed to change the Vol
stead act Mr.. Wheeler contends that
he could make out a good case even
against 2 per cent beer and he be-
lieves the Supreme Court wouldn't
sustain such a modification of the
Volstead act.
President's View.
President Harding is one of the
men who believes 2 per cent beer
would probably not violate the eight
eenth amendment and would furnish
an enormous tax revenue, but he
doesn't think such a proposal could
get through Congress at this time
and he doubts whether it ever will.
Granting, however. that 2 per cent
beer isn't intoxicating and that it
conforms to the eighteenth amend
ment how would it be distributed?
If handled by drug stores or grocery
stores, 1t would only convert the
latter into saloons. Capt. Stayton
thinks delivery can be made direct
to the home from the factory and
many of the evils of the saloon
avoided and he points out, too, that
near-beer saloons and soft-drik par
lors have become gathering places
for the idle just as were the d-time
saloons.
The prohibitionists fear of course,
that the places which sell 2 per cent
beer WOULD become centers for the
distribution of whisky on the side,
that the people who are thirsty for
the old beverages would not be con-
tent with per cent beer and that
the effort would be constantly up
ward until the law and the federal
amendment would be broken down.
Congress Has Power.
The Supreme Court has said that
Congress has the power to interpret
the eighteenth amendment and say
how much alcohol can be put into a
beverage before it can be termed
Intoxicating" The various state
laws specifying one-half Of L per
cent were accepted by the federal
government as precedent and the
Supreme Court has said the VolStead
law was proper Legislation in the
sense that a definite percentage was
named as the deliberate opinion Of
this Congress. Another Congress
might taka the view that 2.75 was
not intoxicating and it would be up
to the Supreme Court to decide
whether Congress had violated the
eighteenth amendment.
The prevailing opinion on both
sides is that the fight is in Congress
as well as in the states and not in
the Supreme Court. The belief pre-
walls that the highest court in the
| land has established a precedent
from which it will not depart when
alcoholic content
Capt. Stayton feels that the last
elections showed a decided wet SEN
, timent. Wayne Wheeler can prove
by the same statistics that the cleo
! ton was drfer than ever.
, Claim of Vets.
The "wets" claim that as bootleg
ging" increases the demand for a
light beverage will create a favorable
sentiment in Congress to modify the
Volstead act The Anti-Saloon League
ana pronlDltlOn oHlclaiS OF the gov
ernment think that as enforcement
grows more effective the demand for
change in the Volstead act will die
out, especially as it becomes apparent
that such a change cannot be put
through Congress, and even if adopt
ed by Congress cannot override the
many state laws on the subject. The
federal amendment specified that the
states and federal government were
n a
prohibitionists have seen to it that
practically all of the states have
since passed good enforcement acts
along the lines of the Volstead law
Repeal of state laws would have to
go hand in hand with the change in
! the federal statutes.
It's long and difficult process. but