Evening star., 1932-11-25
TWO-FOLD TASK FACES CONGRESS
IN LIOUOR-LAW LEGISLATION
Must Act as National Legislature on Fed
eral Problem, Then as State Legislature
for the District of Columbia.

hibition step by step, and would make
Stubborn Retreat Planned.
eff we have to go backward. how
ever" he said, I'VE will hold to what
we can, going back step by step, only
as we are compelled. If under
license, we will favor enforcing license
laws: if under regulations, we are in
favor of strict enforcement OF regu-
lations.
Our experience" he declared. "is
that the liquor traffic cannot be regu-
lated. Therefore we are for prohibition
and will fight for it. If We can't get
can hold. We are fighting for the ex.
termination of the liquor traffic. II WI:
are defeated in what we are fighting
for, we will fight for just as much look
ing toward the determination of the
liquor traffic as possible. We have
only just begun to fight"
Asked II beer would be authorized
in the short session. Mr. Mcbride said
there was no basis now for determine
ton if the drys who voted last session
are still dry. On a test vote on beer
/ he recalled the House last session voted
1859 wet and 228 dry. He admitted.
however, that the sweeping election OF
Democrats had had an effect on the
present membership CT the House He
said his organization had not yet figured
out the wet strength Of the new Con-
gress, as it was impossible yet to tell.
TT was a Democratic landsltde-not
a wet landslide" he said.
ID. C. Has No Voice.
Tn the coming battle over beer and
the eighteenth amendment, Will the
District of Columbia have a chance to
speak for itself? Under the helpless,
yoteless plight Of citizens here, they will
have no right officially to record their
position, either wet or dry, at the polls.
While citizens of other States are
voting for retention of their State pro-
hibition laws, local option laws, or fcr
repeal of their State laws, and setting
up of new liquor control legislation,
the residents Of this city must accept
the verdict of Congress elected by the
rest of the country.
What have the States been doing on
prohibition? AS a matter OF fact, 10
States already have taken some action
on the subject.
Maryland has no State wide pro-
hibition law, although several OF its
counties have exercised local option"
on prohibition, with concurrence OF the
State Legislature in each case. Mary
land ratified the eighteenth amend
ment, but passed no enforcement act.
The States of Rhode Island and Con-
necticut did not ratify the eighteenth
amendment, but they did adopt pro-
hibition laws in some form. 1t was
Rhode Island which brought the big
test case to the Supreme Court to try
the validity of the Volstead act.
Prior to the November, 1882, elections,
five States had repealed their State
liquor laws: New York, Montana,
Nine More States Act.
At the November election nine States
repealed either their State law or con-
stitutional provision, while some re-
placed liquor under State control
against the time when the Nation
should release control to the States.
These included Michigan, which re-
pealed its constitutional provision and
replaced State control; North Dakota,
which repealed its constitutional pro-
vision but put nothing in its place;
California, which adopted new con-
stitutional amendment taking over
State control of liquor in event of
repeal of State and national prohibi-
ton; Colorado, Oregon, Washington,
Arizona, New Jersey and Louisiana.
Two more States voted wet on
referenda Wyoming answered "yes" to
the question, Shall the eighteenth
amendment be repealed?" and Texas, at
the Democratic primary on July %,
voted yes" on the question whether
the eighteenth amendment should be
submitted to the States for an express
sion of sentiment on repeal.
| Rhode Island has passed bill pro-
viding for no punishment for the
manufacture Of beverages of per cent
of alcohol by weight.
Beer Bill Vetoed.
In Massachusetts,, in 1920, Calvin
Coolidge vetoed a bill providing for ATS
per cent beer.
New Jersey '1egalized" 31a per cent
beer, but 1t was held unconstitutional
by the State Supreme Court.
Congress, it has been pointed out
| by constitutional lawyers, exercises
much more power in its capacity as a
| State Legislature over the National
Capital, than as Congress of the United
| States. In its national capacity it acts
un6er grants of power from the Consti-
| tuition of the United States of the
| States of the Union, while in its ca
pacity as the State Legislature it has
broader powers granted by the Constitu-
| ton itself
The Constitution on this point reads
in part: The Congress shall have pow
er to exercise exclusive legislation in
all cases whatsoever over such District
tnot exceeding 10 miles square) as may
by cession Of particular estates and the
acceptance Of Congress become the