Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-04-01
PROF. RYAN SAYS
1OBUY OR BREW
]. LIQUOR IS LEGAL
Moral Rights of Citizens Not
to Be Considered in Fight
on Iniquities.
HYPOCRISY ASSAlLED
IN ENFORCEMENT WAR
Continual Denunciation Offered as
Weapon Against Tyrannical
Methods.
The home brewer can 20 to bed with

i lie uOIHe DTeWeI can go TO pe0 WIN
O clear conscience.
Theoretically he may be in wrong
with the law of the State, but he is
violating no fundamental ethical law
binding upon conscience.
The statement that disregard for
some law destroys respect for all law"
stressed by President Hoover in his in
augural address, does not square with
experience.
Such are the assertions of Rev. John
A. Ryan, professor of moral theology
at Catholic University. DR.. Ryan does
not speak for any church body, but as
an ethical philosopher, in which branch
OF learning he is recognized as one of
the leading American authorities.
While the person who makes liquors
at home for his own use may technically
be violating the statute. the person who
buys liquor for his own use is violating
no law OF any kind, either statutory or
ethical, DR.. Ryan continues His state
ments, copies of which have been re-
leased, are contained in the forthcom-
ing issue of the magazine Commonweel.
Generally" DR.. Ryan says, 1.-The
presumption is always in favor of the
binding moral force of a duly enacted
law, whether organic or statutory, but
there are exceptions. Suppose the law
d
cradle minority, or even majority, of the
citizens; suppose it cannot be repealed
Tor many years; suppose further that
the net effect of the law is injurious
rather than beneficial to the community
as whole.
Citizen and Obligation.
an these circumstances is it reason
able to impose upon the citizens the
0f AIAI F1L.s
appears to have been the situation with
regard to the blue laws. When the
forces Of fanaticism made formal re-
peal impossible. the mass Of the citi-
Gems repealed these obnoxious statutes
by indlrection-that is, by persiStently
disobeying them. Thus they created a
custom contrary to the law. and Gus
tomary law of this sort is quite as valid
as formally enacted statutes. So, at
least, we are informed by the canonists
and the moral theologians"
President Hoovers statement, DR..
Ryan says, sis very considerable eX-
aggregation. That persistent and wide
spread disobedience of a particular law
has some influence in weakening re-
Spect for law in general is undoubted-
~ true. That it destroys respect for
the law in general lacks the support OF
experience. There are the so-called
blue laws which have been generally
disregarded for decades without pro-
ducing any notable lack of reverence
for law in general. While it is prob
able that widespread. violation Of the
prohibition laws has dulled to some
extent the binding forces of other Fed
eral legislation, this result probably af-
fects only a small proportion of those
who feel at liberty to disobey the Vol
stead act and the eighteenth amend
ment. Probably the great majority of
those who purchase and possess intoxi-
eating liquor make very clear dis
tinction between the moral validity Of
the prohibition laws and that of other
Federal enactmentS."
Hypocrisy of Doctrine.
The doctrine that persons opposed to
prohibition should obey the law and
encourage its observance by others, at
the same time working for repeal, is
hypocritical, DR.. Ryan holds. because
the very nature of the eighteenth
amendment and the VolStead act rem
der this course a practical impoSSibility.
Repeal or modification of the VolStead
act, he points out, might be effected,
but "the only modification consistent
with the eighteenth amendment would
be an increase in the alcoholic content
Of beer. A beverage Of that nature
containing not more than 4 per cent
alcohol might be construed by the Su-
preme Court as non-intoxicating. In
order to be at all suitable or desirable,
wine would have to contain such high
content of alcohol that it could not
honestly be interpreted as non-intoXi-
eating by any court. OF course, whisky
and other SpirituouS liquors have SUI
f1cient alcohol to intoXicate.
1.-The utmost relief attainable through
modification of the Volstead act Is,
therefore, mild beer which would be
satisfactory to probably only small
proportion of those who are opposed
to the prohibition legislation.
DR.. Ryan holds is a practical impos-
Sibility. THAT Is or more States" he
says, will oppose repeal long after the
great majority of the whole popula-
ton becomes favorable to that change
is about as certain as any contingency
in the field of politics. The nature of
constitutional prohibition clearly de-
prives it of all claims to respect by
nberty-loving citizens and believers in
the democratic principle.
Assumed Civic Obligation.
president Hoover" DR.. Ryan says,
seeks to convey the impression that
honest men and women are under
some vague and general constraint of
civic decency TO refrain from purchas-
ing or consuming intoxicating liquors.
In view of the origin and nature Of the
eighteenth amendment one is justified
in refusing to accept this assumed obli-
cation of civic decency. If some one
objects that thirsty citizens are under
moral obligation to refrain from CO.
r,I7n u
liquor, the sufficient reply is that the
law does not impose upon them even
the legal obligation of such self denial,
and it is a maxim of both canon and
civil law that burdensome and penal
provisions are to be interpreted mar
rowly and strictly If the makers Of the
prohibition legislation wanted to PEN
alize the purchaser as we'll as the
seller, they would have framed the laws
accordingly. This very proposal was
offered in Congress recently as an
amendment to the Jones bill, but it was
rejected by very large majority, even
of the prohibition membership"
DR.. Ryan admits that manufacturing,
transporting or possessing liquor for
ones own use is specifically forbidden
by statute, but, he points out, these pro-
visions ''have been virtually repealed by
/ the enforcement officers. Rarely do
they any longer persecute for these
sffenses persons who are known to
.frain from selling liquor to others.
course, these tyrannical provisions
n,er had a. shadow Of validity in
n1als."s
REMUNERATION q Recourse.
hat course is open to the millions
o. Aest men and women who deteSt
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