Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-02-03
HOWELL DRY BILL
AGAIN DELAYED BY
ACTION OF SENATE
Measure Loses Preferred
Status Through Objection
of Senator Blaine.
INDEPENDENT OFFICES
MEASURE is TAKEN UP
Action on Prohibition Proposal
Expected Later in Week to
Consider Amendments.

For the second time within the mast
10 days the Senate this afternoon laid
aside the Howell District prohibition
Dill, AFTER having made some progress
yesterday by adopting a compromise
search warrant clause for private dwell
llngS and rejecting an amendment to
remove the limitation on physicians In
prescribing liquor.
senator Blaine, Republican, of Wis
conSln, again objected to laying aside
the Howell bill temporarily by unan-
imous consent, following which the SEN
ate voted to lay it aside. If it could
nave been laid aside by unanimous con-
sent 70 make way for the independent
omceS appropriation bill it0would have
retained preferred status as the I'M
finished business.
Senator BlaineS objection resulted in
olsplactng it from that status II is
generally expected, however, that the
prohibition bill will be taken up again
IaCer IN the week to consider amend
ments still pending.
Settle Warrant Issue.
In addition to settling the controyer-
S,aI issue OF when search warrants
should be issued for residences. the
senate yesterday demonstrated that it
Is not ready to adopt in the District of
Columbia the recommendation of the
Wickersham Commission that physi-
clans be given discretionary power in
prescribing liquor.
An amendment by Senator Halves
Democrat, of Missouri, which would
nave removed the prescription lirnita-
tion in the District, was beaten, As to
20, ana few moments later a motion
by Senator Tydings, Democrat. of
maryland. to reconsider this question
was lost, 80 to 30.
Agrees to Change Language.
With regard to searching dwellings.
WI, when mas been the storm center of the
Dill this FAR, Senator Howell of Ne
DraSKa, yesterday agreed to the proposal
o. senator Blaine of Wisconsin, striking
OUT the language recommended by the
District Committee, in order to make
possible the adoption of a substitute
provision along the lines suggested last
week by Senator Borah of Idaho.
The language stricken from the bill
py Bla1ne'S motion would have per-
mlttd search warrants for dwellings
Where Still is set up or in use, where
liquor is unlawfully delivered for pur-
poses of sale, or if liquor is unlawfilIlv
removed therefrom.
Under existing law search war
rants Tor dwellings are issued only if
the mouse is used for the unlawful sale
OF liquor. Senator Howell has contended
the police cannot cope with bootleggers
II they use dwellings as storage places
without making sales on the premises.
The substitute language adopted In
place OF the clause stricken out by Sen
ator Blaine would extend the present
law to allow warrants where the house
is used for the unlawful sale, manu-
facture for sale or stors ge for sale" of
intoxicating LIQUOR
Doubtful of Provision.
Senator Blaine took the view that this
substitute added nothing to the author
1ty OF existing law, but Senator Tydings
expressed fear that it partially Offset
the Senate's action in striking out the
original provision.
Senator Tydings said he had no OBJ
lection to search warrants for dwellings
where liquor is manufactured for sale,
but he was doubtful as to how prohl-
bit1on agents would be able to interpret
the provision, stored for SALE"
Senator Tydings said if man was
found to have a gallon of whisky in his
home he did not see how the authori-
ties could determine whether or not it
was stored for sale. He asked Senator
Howell to explain how it would work.
Senator Howell replied:
In order to secure a search warrant
it Is necessary to appear before a mag
1Strate. and before that magistrate to
present showing of the probable cause
for believing that there is liquor stored
In private dwelling for sale. If prob
able cause were shown to the salts
faction of a magistrate, and if, after an
examination of the party making the
affidavit, the magistrate should deem
that there was good and sufficient rea-
son for believing liquor was stored for
sale in the particular apartment or
dwelling, then the magistrate would is
sue search warrant, bit only upon
probable cause"
Bingham's Proposal
Senator Blaine expressed the belief
that the substitute search warrant pro-
vision would interfere very materially
with the California wine-grape indus
try"
After the Senate had refused to re-
move the limitation from physicians
prescriptions in the District, Senator
Bingham, Republican, of Connecticut.
offered another proposal to amend the
national law to permit physicians to
prescribe malt liquors, such as beer
and ale, subject to the same limita-
lions applicable to spurious or vinous
liquors. The Senator said he was Of
fering the amendment in the interest
OF conValesc1ng patients. This was the
pending question when the Senate re-
cessed yesterday evening.
Sixteen Republicans, Democrats
and Farmer-Laborite voted for theN
Halves motion to remove the limita-
ton from physicians prescriptions.
They were:
publicanS-Bingham, Blaine, Cou- I
zens, Glenn, Hebert, Kean, La Toilette,
Metcalf, Morrow, Moses, Norbeck, Cd
die, Phipps, Reed, Schall and Walcott.
OBSERVATION-DISCLOSURES Buckley, Cope
land, Halves, Kendrick, Ransdell, Wag-
ner and Walsh of Massachusetts.
Farmer-L abor-ShipStead
Against:
Republicans, 24EBorah, Brookhart,
Capper, Carey, Cutting, Dale, Deneen,
FesS, Frazier, Golf, Goldsborough, Hale,
Hatfield. Howell, Jones, McNary, Norris,
Nye, Partridge, Patterson, Steiwer,
Vandenberg and Watson.
Democrats, 81 - Ashurst, Barley,
Black, Bratton, Brocky Connally,
Fletcher, George, Glass, Harris, Hay
den, Helm, McGill, Mcclellan, Nor
rison. Sheppard, Smith. Trammell,
Tydings, Walsh Of Montana and VIII
hanson.
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