Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-09-27
BY MARK SULLIVAN.

the ranks somewhere, or q private citi-
zen hears his telephone ring with q tone
that somehow implies extraordinary
urgency. The call turns out to be from
a friend or acquaintance in New York,
usually one in q bank or brokerage
house. The New York voice, In an ex-
cited tempo, says: Stocks went up
this afternoon on q rumor that the
Government Is about to legalize beer;
can you tell us about tt?"
Or a washington correspondent OF a
newspaper In st. Louis, or New York,
or Boston, or Milwaukee especially
Milwaukee, gets a telegram from his
home ofiice reading: Very definite
rumor here that Government Is going
to Ieralize 8 per cent beer within next
48 hours stop. Facts here seem to bear
out rlmor stop. Unusual activity at
local brewery stop. Brewery said to be
preparing to expend $4,000, 600 to bring
plant up to date stop. Please send full
information about washington angle"
To which the washington correspond
emit commonly replies. as ne has al
ready replied to score OF previous
queries: Absolutely nothing to beer
story stop. Situation absolutely un-
changed from what 1t has been Tor
years past"
And if the correspondent Is unusu-
| ally patient, II he has not been bored
to irritability by repetition Of the query,
he may add: Absolutely no way to
ieeaiise beer except by act Of Congress
stop. Congress does not meet until De-
cember z stop. Very doubtful II this
Congress viii act on beer when 1t does
meet"
Story Current Mystery.
That beer story Is one Of the current
mysteries of our day. 1t Is like those
L Iva cfrN faa
| the continuance in life, Of Gen. Lord
Kitchener, or about the trainloads of
Russian troops coming through England
to the Western front-stories whose es-
sential improbability was one cause OF
their vitality. People said those war
time stories were so important and SO
sensational that the newspapers could
an immense word-of-mouth circulation.
| Who starts each recurrence Of the
beer gtory-they reach washington sew
| eral times q week? Where does It
spring up? Or Is 1t Just one identical
story having q continuous life, going
round and round like the Flying
Dutchman," In a repeated and con-
stantly more rapid circle, touching base
at washington and New York Ike a
next lap of its nationwide beat?
The rest of the country, lately, has
come to know the story as well as New
York, and come to doubt 1t as definitely
as washington does. That exception
ally able newspaper, the youngstown,
Ohio, vindicator- decidedly not 9 dry
paper. by the way-and incidentally an
j extremely sane and gtIrefooted one
said the other day in an editorial under
| the caption, "Rumors About Beer:
ssYoungStown Is not escaping the
food of stories about the imminent le-
galization Of beer. Here, rs everywhere,
| countless rumors are spread OF deals be-
| tween the Government and wet inter-
| ests which would allow the brewerteS to
open and-if the stories are TO De pc
| lieved-the breweries are kept ready TO
start I'D at q moments notice. Just
| how the Government could take such
action, the rumors do not say So
when you hear reports that President
Hoover is to make a radio address to-
night In favor Of beer, think 1t over
carefully before you take 1t Of its face
value ="
Congress CouM Legalisa
whatsoever The mystery Of the starting
ard CIRCULATING Of the beer story, the
| vitality Of It argues . good deal Of pub
! liz curiosity about whether, and how
| beer could be brought back.
| Beer could be lega1ized very simply byan
ordinary act Of Congress, passed by
simple majority of that body. The legal
ming of beer Is very different from the
repeal Of the eighteenth amendment 70
the Constitution. Repeal OF the pro-
hibition amendment would be an i'm
rnense. complex and time consuming
business. But beer, up to say 3 or per
cent alcoholic content, could be legal
lied by a simple act Of Congress.
This difference of method between re-
pealing the prohibition amendment and,
on the other hand, legalizing beer, puz-
zles many persons. Clartdcation Of 1t
may be useful.
The eighteenth amendment says, m .
@The mani,facture %" Of intoxicat-
ing liquors for beverage purposes 10
hereby prohibited"
since the prohibition amendment Is
thus phrased in broad general terms,
it was, and is necessary for Congress to
define exactly what Is an Intoxicating
liquor" so that courts, Juries and po-
licemen may have definite standard
to 90 by. Congress has fixed the stand
ard at one-half of per cent alcohol,
saying that all liquors containing any
more than that are Intoxicating hq-
uors" and, therefore, prohibited. TINS
fixing Of a standard by Congress does
not have the status Of a constitutional
amendment; 1t Is q simple act OF Con-
gress. Being a simple act OF Congress,
It can be changed at any time by an
| other simple act Of Congress, with no
more consumption Of time than Is re-
quired to call the ron and announce o
majority.
In short, Congress can, whenever II
chooses, flx the standard Of what con-
stitutes an Intoxicating beverage" at
figure that would bring back beer.
Congress, in its first definition Of
what constitutes an Intoxicating bev-
erage," said "one-half Of per cent"
alcohol There it has remained ever
since. Congress can at any time change
"one-han Of per cent" to, let us say,
"2 per cent" and per cent would per-
NIT beer. Congress could not go q great
way above 3 per cent, because at some
point the courts would declare that
Congress is not keeping within the spirit
OF the eighteenth amendment; Courts
In the past, In cases arising In States
that had local prohibition years ago,
have said that ATS per cent alcohol was
q reasonable standard. Just how high
the courts might go Is impossible to say
the matter Is wholly within their dis
erection as to what is q reasonable def
milton Of intoxicating liquor" They
might go as high as per cent or even
S. Beyond they would hardly go. But
quite certainly they would go as far as
8 per cent, and 8 per cent would be
enough to bring back beer.
Brewers Set Present Limit.
wets-and some others besides-de-
nounce the present standard set by
Congress, one-half Of / per cent. They
say it Is q Legislative he." Many dis
interested folks agree with them. 1t
must be hardy dry who would claim
that OQe-half of per cent alcohol is