Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-08-09
WINE CONCENTRATE
FIGHT LOOMS AS
GRAPE LOAN WAITS

FIGHT LOOMS AS
GRAPE LOAN WAITS
Continued From First Page.l
Germs the use of the phrase. ''non-in-
toxicating suit juices" in section 20 of
the act If notwithstanding fruit
juices was l.lerely another name for
wine, 1t is a'Sed, why dint Congress
call spade spade and be done with
the matter ORE and for all?
To appreciate the significance of Sec
ton 90 som understanding Of the
conditions undsc which Congress worked
in drafting the oct is necessary
ExceptISas Sought.
It is recalled that Chen the legislation
was under consideration IN the House
there were four distinct efIcSa to make
exceptions in the case Of wine md beer
for use in the home All of these pro-
posed amendments were voted down.
The voting however, was close, and 1t
was generally known at the time that
President Wilson would veto the meas
ure.
When it left the House the bill con-
tanned its present restrictions in the
exceptions for beer and wine. In the
Senate however, the question OF wine
and beer was again brought up.
After a discussion which fills many
pages of the Congressional Record, the
lawmakers decided to forbid beer be-
cause Its manufacture was CONNER
cial undertaking and could not success
fully be carried on in the home"
With beer thus finally disposed of,
records show the committee members
concentrated on wine, and finally draft
ed an amendment which would have
permitted the manufacture and con-
sumption of this beverage in the home.
This effort. however, did not meet with
the APPROVAL Of Wayne B. Wheeler. then
head of the Anti-Saloon League. who
decided to redraft the amendment
Drys Made Concession.
Although the word wine" in the
amendment was most offensive to the
drys, they realized that some conces-
sion must be made to the more liberal
members of Congress if they were going
to muster enough votes to pass the bill
over the expected presidential veto
search for euphonious synonym for
wine After three days, the best that
could be found was fruit juices" and
this finally was written in. just where
the "non-intoxicating" feature came
from is uncertain.
Section 20 as finally drafted. provid-
ing in substance that the penalties of
the act should not apply to the manu-
facture and consumption of cider and
non intoxicating fruit juices in the
home, was thoroughly discussed.
Calls For Explanation.
Senator James D. Phelan, OF Cali
fornia, home OF the grape growers, 1t is
recalled, demanded to know the exact
Of the section.
Senator Thomas Sterling of South
Dakota, In charge of the legislation
explained at the time that the section
was intended TO exempt wine from the
penalties under the heading Of non
alcoholic fruit juices
Senator Phelan then asked whSaher
the alcoholic content of one-hAlf of
l per cent, specified in Section /, was
to apply
No" Senator Sterling replied THE
intent of Congress in this section (29)
is that the question OF what constitutes
q non Intoxicating fruit juice must be
left to a jury to be determined as a
matter Of fact under the circumstances
OF each individual case"
With this understanding, Senator
Phelsn agreed to vote for the measure,
and 1t was passed
Legality COntended.
II is this discussion on the floor of
the SpT1atn usl1ir1.
basis for the present contention Of
grape growers that they are legally en-
titled to sell concentrates. even though
they are to be used for manufacture of
wine in the home
If Congress intended to permit the
citizens TO make wine in their homes,
the growers argue. il cannot be consist
emily contended that the law does not
countenance attempts to supply them
with the means to that end
On June 80, 1920. It is recalled the
prohibition enforcement unit stated the
law did not seek TO forbid the manufac-
ture OF n-tntoxicating fruit juices fo-
use in the home. This memorandum
further noted that what constituted a
non Intoxicating beverage was a matter
of fact and mot necessarily limited to
one-haf Of per cent
On August s. 1929. Prohibition Com
missioner James NJ Doran went a step
farther and advised the agents under
and grape concentrates for use in the
home under Section 20 was entirely
within the law
Rev. Dinw iddie C0ncurs,
Rev. Edwin c. Djnwidolie, prominent
dry leader. who had charge OF the hight
before Congress In behalf of the Law. also
EnaNw knAN Co "a 4,ze - a
permit the manufacture and use Of wine
In the home.
The word wine was used in the
original draft OF the amendment, and
changed to fruit juices by Mr.. Wheeler
so the section would not appear 10 be
In conflict with the rest of the act, he
said yesterday Our object was TO de-
stroy the commercialized trafiic in liq-
uor and We felt then, as many seem 10
feel now, that the question of personal
indulgence was a matter best left To
education and the individual con-
science"
Win these facts in mind. the grape
growers contend the prohibition laws
are not being violated even though
their surplus product may eventually be
transformed into q wine with an alco-
holic content Of Is per cent.
Question One for Jury"
IF the wine Is used in the home"
they argue, the only remaining ques-
ton is whether &c IL intoxicating ia fact
That is q question that must be len %
q jury. for a wine that would inkoxicate
one man might not AFFECT his nelgasbnf
The growers also are inclined TO rici-
c1le the argument that the Farm board
is fostering evasion OF the law. as
charged By the Methodist Board OF
Morals.
1T S true : one man said. that