The Washington times., 1931-01-24
IDEA GAINING
GROUND
BELIEF
Many Leading Drys Thought
to Favor Resubmission of Dry
Law to People in Referendum
. Continued From Page y


ham (R.). of Connecticut, which
would strike out all of the How
ell bill and have the Senate act
on an amendment to the national
prohibition act to permit the
manufacture and sale of 4 per
cent beer.
Alleys Cut Out
The first committee amendment
agreed to would strike out pri
vate roads, alleys or streets as
the place upon which a person
may not drink Intoxicating liquor.
The amendment left the bill ap-
plying to public roads.
Another amendment dealt with
thee search provision of the bill
and makes the section permit is
suance of search warrants for
private dwellings into which
liquor has been taken for pur-
pose of sale or from which it is
unlawfully removed. The amend
ment was designed to meet OBJ
jections raised to the search sec
ton by the Attorney General.
Even with the amendment, how
ever. the section is still regarded
as too drastic by the Attorney
General, and Senator John j.
Blaine. Of Wisconsin, announced
that he intends to offer an
amendment striking out the en-
tire search section.
Return Section Hit
The Senate disagreed to an
other committee amendment hav-
ing to do with the return of
liquor seized unlawfully. The
amendment was defeated after
Senator Thomas J. Walsh, of
Montana, declared that it would
further intensity the Attorney
Generals already expressed op-
position to the section which
would place the burden of proof
upon the defendant seeking the
return of liquor seized unlaw-
fully.
The Senate just averted going
on record on the search warrant
provision because of the diIatori-
ness Of half a dozen members
whose names head the roll call.
A demand for a roll call vote
was made, and the clerk started
to call the roll, but before any.
one answered his name the roll
call was revoked.
:. Walsh Raises Objection
Debate on the amendments was
more or less deSultory, in con-
trast to the spirited argument
which ensued yesterday upon the
motion to consider the bill. The
debate was largely confined to
technicalities dealing with the
legal language in the bill. Sena-
tor Walsh, of Montana, COM
planned that the bill had not
been referred to the Judiciary
Committee which had handled
all previous prohibition legisla-
tion. The Montanan, regarded
as one of the outstanding law
yers of the Senate, brought con-
fusion to Senator Howell when
he started questioning him on
relation of his bill to the ma
tional law.
At one time there was pause
for fully five minutes while
Senator Howell searched for
authorities with which to answer
Senator Walsh.
Norris Raps Measure
:. Senator HOwells colleague,
Senator George w. Norris, ex.
pressed himself as more or less
out of sympathy with the meas
ure, declaring that instances of
dry law violation cited by Sena-
tor Howell showed rather a laxity
In the courts and enforcement
agencies than the lack of Suffi-
Cient law.
BOrah Issues Warning
: Senator William E. Borah CRO
of Idaho warned the Senate that
1t would be treading on dangerous
ground if it adopted an extension
Of the search power. He said
that while he favors enforcement
as a law, it should not be en-
forced at the sacrifice of Consti
tutional limitations,
Senator Howell replied that in
many States there were local laws
even more drastic than the one
which he proposes for the District.
Senator Howell conceded that
some of the trouble might be in
failure to enforce existing laws
and declared there should be de-
Neloped a different spirit among
Judges and officers"
Bingham Hits Law
Senator Bingham, in discussing
his 4 per cent beer amendment,
declared that the Volstead law
definition of one-half of l per cent
Is untrue. He said that butter
milk fir oQuently develops an al
coholic content larger than that
permitted under the law.
Senator Howell, in defending
his measure, declared that its
whole purpose is to catch the boot
logger who flourishes here in the
District"
: Several members objected to
Senator Howell's frequent state
nlent that the Attorney General
approves of his bill after the At
torney General had specifically
declared against the extension Of
the search power and the section
relieving the Government of the
burden Of proof in connection
with returning seized liquor.