Evening star., 1932-07-03

the defendant was found not guilty Of
violating the section.
Just as the courts have never passed
upon the question Of what is an intoXi-
eating liquor, there has never been a
scientific determination for legal pur-
poses in this country Of when a man
Is intoxicated.
The greatest progress in this respect
has been made in England, where
man is held to be intoxicated when his
speech or physical reactions are notice
ably affected.
When the Bingham beer bill was
being considered before a Senate Com
mittee this Spring, a great deal OF con-
f1icting testimony was received as to
the intoxicating powers of beverages of
various alcoholic strengths.
The committee found one Of the
troublesome features Of testimony on
this subject was lack Of agreement
of the definitions to be used. One
eminent physician stated that the def
milton of intoxication since the intro
duction of the automobile must be
materially changed. He said we used
to mean by alcoholic intoxication that
a man was drunk in the sense that
he could not walk straight or talk dis
tinctly. Now, however the witness said,
the definition Of an Intoxicating amount
Of an alcoholic drink must be narrowed
to mean that amount which ap
preciably impairs the ability Of a man
or woman to drive an automobile with
safety" Another witness testified that
q person who had consumed a quart of
2.75 beer might be unable to drive
safely.
Varying Conditions.
One scientist told the committee that
under certain conditions 2.75 per cent
beer was intoxicating, while another
stated that per cent beer. unless 8
or 10 quarts were drunk almost in
stantly, which, Of course, would be a
physical irnpossibility, would not be in
toxicating.
In an investigation referred to in the
committees hearings. subject tasted
for several hours before the experiment
He was then given a quantity of alcohol
equivalent to almost two cocktails on an
empty stomach. AS compared with his
reactions after drinking a like quantity
Of water on other days, the effects
found were slight reduction in the
rapidity Of such reactions as the eye
wink and knee jerk.
'AS these experiments were done on
a fasting subject with beverage con-
tanning five times as much alcohol as
beer" one witness declared, they give
no support to the implication that a
moderate amount of beer causes serious
retardation of nervous reactions"
Edward B. Dunford, attorney for the
Anti-Saloon League, believes Congress,
II it changes the act, will attempt to
determine the highest percentage of al
NIL ic fTfnXiPl
substitute this figure for the prevailing
one-half of / per cent.
He thinks it will be difficult to secure
test in the courts of the validity of
the new provision, but that the test will
be made, probably through an attack
on brewers permits The ordinary tax
payer. he said, probably would not have
a sufficiently direct interest to go into
court and attack the constitutionality
Of the act.
Light Wine Difficulty.
In Mr.. Dunford's opinion, there is no
chance that light wines, with an alco-
holic content of from 10 to IA per cent,
can be legalized SO long as the eight
eenth amendment is in effect. mo
court" he said, would uphold stat
ute which said such a beverage was
on-intoxicating.
However, many men believe the case
with regard to beer Is different.
Although there have been cases In
which lower courts have taken judicial
notice that per cent beer is intoxicat-
ing, it is believed the Supreme Court
viii give Congress considerable latitude
in fixing the alcoholic content OF a
beverage.
"If Congress legalizes 3 to 3.75 beer"
one dry leader predicted, ''the Supreme
Court probably win sustain them. But
they won't stop there. The vets want
hard liquor, and they will revise the
Volstead act upward until they affront