Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-09-29
The Beer Proposal.


has never taken kindly to the enact
ment of laws multiplying provisions Of
the Constitution. And members of the
incoming Congress and Of succeeding
Congresses, whether their sentiments
be wet or dry, are not likely to pass
lightly on the proposal that the Vol
stead act be amended so as to permit
the manufacture and sale Of three per
cent or four per cent beer and wine.
The proposal Of the brewers to make
three or four per cent beer legal in
this country, by the simple expedient
OF increasing the alcoholic content OF
beverages permitted under the law. does
violence to the common sense of the
country when at the same time an
attempt is made to set up the premise
that three or four per cent beer Is non
intoxicating. The scientists may point
out that such beverage will, in all
probability, not intoxicate full-grown
man who has been accustomed to al
coliolic beverages. They will hesitate
to make any such predictions however,
about the possible effect or non-effect
on other persons And, finally, the pro-
ponents of the return Of beer would not
be so insistent If no effect" is to be
produced by the beer. If three or four
per cent beer is to have the same effect
as beer containing not over one-half
of one per cent, why bother to change
the law?
In the old days, when the beer-drink-
ing In this country was unconfined,
except in those communities which shut
down on it by local or State ordinance,
1t was the brewers who advanced the
suggestion that ell beverages containing
over one-hah of one per cent alcohol
shoe Id be considered alcoholic beverages
under the law. The purpose of the brewers
then was to prevent the manufacturers
Of very light beer, with small alcoholic
content of two or three per cent, from
evading the governmental tax placed
upon beer and the regulations sur
rounding the sale imposed by the local
communities The brewers are looking
at the proposition from a different point
Of view today.
The Republican members Of the New
Jersey delegation in Congress, at q
meeting in Newark yesterday, are sup
posed to have considered Whist their atti-
tude should be toward revision Of the
Volstead act I'd permit the manufacture
and sale Of beer with content Of alco-
hol no greater than three or four per
cent. The Kew Jersey Republicans, II
they reached any decision on the mat
ter, kept it to themselves A majority Of
the House members and the two Sena-
tors are accounted wet. Senator Nor
row stirred the country q year ago by
pronouncement in favor Of the restora-
ton Of the control Of the liquor trafic
to the States, claiming that it was a
function not properly in the hands Of
the Federal Government. But Senator
Morrow does not appear to be man
who would vote for law proposing to
nullify the Constitution Of the United
States. And so 1t is likely to be with
many another member of the Congress
who is opposed to prohibition as 1t now
stands.
And even should the Congress put
through a law legalizing three or four
per cent beer, what would be the de-
cision of the United states Supreme
Court in the matter? The constitu-
tionality OF such a law would be chal-
lenged Immediately. The proponents
of the law would be compelled to prove
that three or four per cent beer was
not intoxicating in fact, or that tribunal
would turn thumbs down on the whole
proceeding.
The hurdles which a bill proposing
the legalizins of beer Of three or four
per cent alcoholic content must jump TO
become 4 law, in the light OF calm
thinking, appear to be too high. If the
American people and their representa-
tiyes once begin the adoption Of laws
that are In violation of the Constitu-
ton, that instrument will, indeed, be
no more than a scrap OF paper. Its
safeguards, thrown about the citizen,
will become as nothing. Many Of the
very men anG women who today are
suggesting the legalization Of beer have
given little thought to what psy come
later, once the Congress has succumbed
to "nullihcstion
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