Evening star., 1932-11-27
BY WILLIAM HARD.


Prophecies of statesmen regarding the
legislative prospects Of beer have OBJ
scured the deeper elements of the pro-
found beer problem. Those elements
are four.
First is the choice involved. in fixing
alcoholic content. The Volstead law
fixed one-half of l per cent by volume.
The bill introduced into the House OF
Representatives last session by Repre-
sentative O'Connor Of New York fixed
approximately 3la per cent. The bill
introduced into the Senate by Senator
Bingham of Connecticut fixed 4 per
cent.
Mr.. Bingham's friend, Prof Yandell
Henderson of Yale, testified expertly on
per cent beer He stated that man
drinking it and wishing to become in
toxicated would be obliged to drink 10
quarts.
Representative Hull of Illinois testi-
fed he is not, a drinking man, but in
Sweden on an empty stomach he drank
four pints OF 4 per cent beer ana was
not intoxicated.
Drys scoff at such claims and MAIN
tain there are three stages OF uncon-
SciouS intoXication before a man arrives
at the fourth stage, when he knows 1t.
Nevertheless, Mr.. Bingham persists, and
the chances are there will be stiff
| fight for per cent. 1t is approximate
ly / per cent less than customary per-
centage in beer in Germany.
The next element in the problem Is
prevention of the return of the saloon.
Both the O'Connor bill and the Bing-
ham bill are strongly opposed to beer
in kegs Kegs would be handy in bar
rooms and at picnics. Both the O'Con-
nor bill and the Bingham bill require
beer to be in bottles. Further detailed
| provisions of one or the other Of these
bills indicate that a vast new enter
| prise of control by law over the drink
| ing of alcoholic beverages may be on
its way.
The Bingham bill requires each beer
bottle to have exactly 16 fluid ounces
of beer content. 1t requires bottles to
| be packed in cases. 1t requires these
cases to be only of three sorts. One is
| to contain a dozen bottles one Is to
contain two dozen bottles. One is to
contain four dozen bottles. Each case
and each bottle must be labeled in the
manner prescribed jointly by the Attor-
ney General and the Secretary of the
Treasury. The O'Connor bill adds that
every brewery shall be licensed to have
number and this number must ap-
pear upon each beer bottle in figures
one-half of one inch high.
! The Bingham bill states that a beer
bottle must not be opened where it is
sold. 1t must be opened only after be-
ing taken home. Or otherwise, 1t must
be opened only in restaurants or ho-
tells. In restaurants or hotels it must
be opened only in the dining room. In
/ nn ir1or It1% -,
during meals. The OConnor bill adds
that the bottle may be opened also in
clubs 1t specifies, nevertheless, that II
the club wishes to open beer bottles its
members must pay dues Of at least $40
a year.
Manifestly, enforcement of such pro-
visions will require numerous enforcers
These enforcers. under the Bingham
and O'Connor bills, pending repeal OF
the eighteenth amendment, would nee
essarily be Federal. If the eighteenth
amendment should be repealed and il
the States should similarly reject beer
by the keg and adopt beer by the bottle
and restrict consumption only to homes
hotels, restaurants and clubs, the en-
forcers would be State and local. In
any case, they would have to be multi
tudinous and energetic. The elaborate
ness of the machinery necessary in or
der to prevent the return of the saloon
now begins to be apparent.
Additionally, many prospective brew
erS are engaged in an important appeal
to DIR. James M. Doran, commissioner
of industrial alcohol for the Federal
Government. They maintain that even
after repeal of the eighteenth amend
ment there must be Federal permits for
brewerieS and Federal scrutiny of beer
manufacture and beer distribution IN
order that legitimate breweries may be
protected against the alley and cellar
amateur breweries of gangsters.
The prospect dawns that the plan oi
Henry Anderson of Virginia for a Fed
eral check on liquor origins and liquor
channels in all the wet States may yet
be adopted by the eighteenth amend
ment repeal advocates in the next Con.
greSS.
The next element in the problem 1;
calculation of the extent of sales oi
beer when and If legalized
Fourteen States still have prohibition
in their constitutions. Nineteen States
still have prohibition. not in their con.
stitutions. but by law in their statute
books. That Is total Of 33 State:
within which beer at this time coulc
not be sold. The vets maintain thai
this number will be diminished soon.
Fifteen States now have no State
wide constitutional or statutory provi.
sions against beer or other Intoxicating
beverages. Some of these States are o.
large, but some Of small population