Evening star., 1932-08-13
Candidates and the Volstead Law

WAC FA NOhV1Sb.
Candidates and the Volstead Law.
1t is now obvious that the forthcom-
ing battle over repeal of the eighteenth
amendment will be fought in the same
territory that so sharply divides the
views Of President Hoover from those
Of Gov. Roosevelt. This embraces the
fundamental question of continued con-
stitutional control over the liquor traf-
flc. While both candidates are against
return of the saloon and in favor Of
measures to protect the dry States
against the wet States, President Hoover
wants the power of the Federal Govern
ment to make effective these pro-
hibitions to spring from the Constitu-
tion itself. Gov. Roosevelt, advocating
naked repeal Of the eighteenth amend
ment as against its modification, wants
the return of the saloon prevented by
independent action of the States them
selves and believes Federal statutes
could be invoked to assist the dry States
against interference from the wet States.
More than the liquor question Is in
volved here. A theory of government is
concerned.
But there is another difference be-
tween the views Of the candidates that
is not so clearly outlined The Demo-
cratic platform declares that pending
repeal, We favor immediate modification
Of the Volstead act to lsgalize the
manufacture and sale Of beer and other
beverages Of such alcoholic content as
Is permissible under the Constitution
and to provide therefrom q proper and
needed revenue" In an address subse-
quent to his speech Of acceptance, in
which he did not mention modification
of the Volstesd law, Gov. Roosevelt
said: eff the present Congress takes no
action, I shall urge the new Congress
to carry out these provisions (those of
the platform) for immediate modifca-
ton Of the Volstead act to lega'ize the
manufacture and sale of beer and other
beverages of such alcoholic content as
is permissible under the Constitution. :"
Neither the Republican platform nor
President Hoover mentioned modifica-
tion of the volstead act. It is, Of course,
possible to infer that the President may
have had in mind the modification of
the Volstead act when he emphasized
the duty of the President to enforce
the laws as they exist. That I shall
continue to do to the utmost of my
ability. Any other course would be the
abrogation of the very guarantees of
liberty ITSELF" While the President is
not concerned, as a President, with
amendment of the Constitution, he is
Immediately concerned with amendment
OF the Volstead law He possesses the
power Of veto. Did he feel and on good
authority was advised that modification
of the Volstead law in the form finally
proposed would be unconstitutional and
amount, in effect, to notification Of the
eighteenth amendment he would un-
doubtedly exercise the power of veto.
No other course would be consistent
with the nature Of his duties as Presi-
dent.
But Gov. Roosevelt does not propose
"null;fcation," and no Democratic
champion of the party platform would
admit that modification of the Vol
stead act contemplates nullification.
The modification proposed Is specifically
confined to legalization of beer and
other beverages permissible un-
Ger the Constitution" This would pre-
sumably eliminate light wines" Of an
alcoholic content Of as much as ten per
cent at the outset. The question would
be whether beer and other beverages
Of the same or approximate alcoholic
content as beer were Intoxicating.
Except under the volstead act, that re-
mains a matter Of opinion. And SC
divided is this opinion and so involved
is the matter of rewriting it into law
that the President has probably taken
the sensible point OF view in awaiting
the specifications before committing
himself on untested generalizations re-
garding what he would 60, as President
II proposed modification Of the Vol
stead act reached him in the form OF
an act Of Congress.