Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-02-22
The Dry Laws Evolution"


the vast accumulation of evidence on
prohibition sent to the Senate by the
Wickersham Commission are two ex-
| cerpts from the opinion on enforce
ment submitted by Col. Amos w. w.
Woodcock, prohibition administrator.
The first is taken from what might
be considered as his objective as prohi-
bition administrator and as long as the
prohibition law is on the books it should
admittedly be the only objective:
There seems to be, to the student of
the situation, only one alternative-to
enforce the existing law, with such
slight amendments as may become de-
Sirable, fairly, vigorously and sincerely,
with the principles constantly in mind
that the eighteenth amendment is q
declaration of national policy, that the
use of intoxicating liquor is an evil and
that, whatever may be the custom or
policy Of other nations, ours is to work
out our civilization without the use of
alcohol as a beverage. Anybody who
has had the opportunity to observe
knows that this has not been done. Too
many officials have adopted superior
attitude that they do not believe in the
law. but, while they are officers, they
will enforce 1t.
The second quotation is from Col
Woodcock's elaboration of his home
option" plan. 1t might be construed
as expressing an individual opinion, and
not the official opinion of the prohibi-
ton administrator. 1t follows:
therefore suggest, in reasoning
which has much Of SOphiStry but a
CLEAN of common sense and prophecy
of what may be the final evolution of
this troublesome question, not State,
county or district option, but home
option.
Any of the other plans of settlement
leaves a troublesome and die-hard mi
nority. Home option, about the same as
individual opinion, eliminates the mi
nority. 1t could be put into effect by
a simple administrative policy: To
make no effort to overcome the diffi-
culties that legally exist in getting evil
dence as to violation in the home. The
citizen could not claim the right to
buy or sell liquor. But If he possesses
liquor, or makes liquor in his own home,
and in such way as not to be observed
by the public and If he properly sup
ports his family, this policy would re-
quire that he be not disturbed. II he
fails in single public duty, If he breaks
the peace in any way, II he fails to take
care of his family, If he fails TO keep
himself fit to perform any public duty,
the State steps in and Furnishes. This
plan makes unlawful all commerce in
liquor does not compel the dry to sup
port State dispenSary, leaves the wet
in full enjoyment OF any rights he be-
lieves he has, which may be exercised
without affecting any one else.
Col. Woodcock has himself anticipated
the obvious criticism of practical diff
culties involved in such a scheme, such
as judging whether a mans home
should be raided for violation of the
liquor laws on the basis Of the mans
keeping himself at to perform any
public duty" He frankly admits the
sophistry Of some Of the reasoning.
But the important thing is this: If
some such scheme as Col. Woodcock
outlines does in fact represent the
final evolution" of the prohibition laws,
that evolution should be brought about
by statute. 1t should not be encouraged
by putting into effect any such simple
administrative policy" as Col Wood
cock suggests. In the first place, the
administrative policy involved would be
far from simple. In the second place,
the scheme as outlined would be eva
sion of the existing laws, and any ad-
ministrative policy built on evasion of
the law will defeat its own purpose.
Eyasions will not be confined to the
home; the place, by the way, that sup
port, and not evasion, Of the law should
begin.
The Wickersham Commission def
nitely recommended the action that
should be taken. The Volstead law
should be amended to permit practices
in the home that are now condoned
through an administrative policy result
ing from conflicting interpretations Of
congressional intent, or the law should
be enforced along those lines that Col.
Woodcock so admirably suggests in the
frst quotation from his opinion.
-S--0Op-S--------------