Evening star., 1924-11-30
PHILIPPINES WET
DESPITE j. S. ACT
Effort to Prevent Shipment Of
Liquor to Islands Believed
Doomed to Failure.
BY WAITER RoBB.

Daily News
-AfANILA, P. l., November 1o-Ma-
fqlla stands corpulently defiant of
america about her bevera ges, despite
an order apparently issued by the
State Department TO all American
consuls instructing them not to issue
hills of health or clearances to ves-
sells bound to the Philippines with
consignments of liquors 'for potable
purposes
The consul general ut Hongkong
thereby refused papers to the EN-
press of Russia last week until she
Onloaded her liquor at that port
which was destined for Manila. A
olanch thereupon came over the
i-Iddy cheeks of whisky dealers and
Importers. "A Christian community
addicted to cocktails was scared
eMOugn to require several extra i'm
uinsrlons TO bring its temperature
back to normal. The government was
Gpncerned about s2,0oO.000 of internal
revenue; hotels. government owned
through the railroad company, saw
diSmal evenings ahead when IL would
ne quite Impossible to induce the
public to swelter on crowded dance
floor unless inyeigled by mild inebri-
siion.
+" Foreigners Thunderstrurk.
Foreign communities were. of
course, thunderstruck. without
rhetr favorite wine they cannot dine
But Filipino officials came quickly
10 the rescue, assuring the governor
general and reassuring the distressed
public The Philippines will never
be dry, was the dictum of one of
them, evidently high customs officer.
Men looked at the American flag over
snd dug out the Constitution, read
the 18th amendment thereto-and
wondered If hope had not fathered
tho customs prophecy. The acting
secretary of justice. Judge Luis P
Torres gave an opinion TO Gov Gen
Wood that the Constitution and the
18TH amendment may be applied to
the Philippines, but the enforcement
act and the prohibition act itself can
rot apply, because in them the Philip
ptnes are not mentioned by name.
Law Question Involved.
The organic act of Congress
creating the present government of
the Philippines says restrictively:
Sec. 3. That the statutory laws of
the United States hereafter enacted
shall not apply to the Philippine
Islands, except when they specifically
SO provide, or it is so provided In this
att
z*The act went into effect August 80.
1916, three years prior to the Eolstead
act, and II left the Philippines as wet
as Manhattan was in those halcyon
oeden Gays. But constitutional law
Is above statutory law. even
statutory law which is an organic act,
or constitution, for territory, the
best authorities here claim and the
18TH amendment to the Constitution
says; the manufacture,
sale or transportation of intoxicatin
liquors within, the importa ton there
OF into, or the expectation thereof
fron1 the United States and all terri
toTy subject to the Jurisdiction
thereof for beverage purposes is
hereby prohibited The
congress and the several states shall
have concurrent power TO enforce
ttis article by appropriate legisla-
,Lop.''
Philippines Not Mentioned.
Congress used its enforcement
power i'll respect to the States and
ether territory. except the Philip
lTnes. when it passed the Volstead
ct and the supplementary act of the
following year, but the supplement-
5rv act only says, as to its scope:
'I'his act and the national prohibit
United States. but to all territory
subject to its jurisdiction, including
t5e Territory of Hawaii and the Vir-
gin Islands. and Jurisdiction is con-
ferred on the courts Of the Territory
OF Hawaii and the Virgin Islands to
enforce this act and the national pro-
Hfbition act"
s."And there you are" say the Philip
pine Islands. We're not mentioned
he
citically provide for its application
here. Boy-y-yi WhatlI you have, OF
time? Same here, boy-two whisky
and sodas"
See Chance at Profit.
Judges believe such to be the case,
shat while the eighteenth amend
Uent probably does apply. the en-
furcement acts do not. because the
Islands are not mentioned in those
acts by name, and in the absence OF
en forcement laws the amendment Is
without effect. This, in substance.
was a. ruling of the State Department
IN 1921, and the War Department has
held the same. No enforcement act Is
possible with the local legislature so
seems TO be out on limb
The collector of customs says he
will allow ships to enter ports and
discharge liquor cargoes even with
out bills of health from consular
officers Of the United States, If their
other papers are all right: and the
United States says he can fine them a
sum not more than $1,000, which the
collector shall determine. 1t is
strongly intjmated that the fines will
be nominal. Liquor prices are not
likely to be much affected.
Chinese merchants saw a specula-
tive profit in liquor as soon as the