Evening star., 1932-10-20
Garner Terms Excessive I'm
posts Favorable to
BootIegging.
BY DAVID LAWRENCE.
Special Dispatch to The Star.

Special Dispatch to The Star.
EN- ROUTE FROM NEW YORK,
October 20.-Speaker Garner not only
thinks that beer is coming back soon
but that the greatest care must be ex-
ercised not to place such a high tax
on it as to make bootlegglng profitable.
Taxes on beer" he tod the writer
On the train today, must be controlled,
so far as possible, by the Federal Gov
eminent. Duplication OF taxes by the
State would only mean that bootlegging
would continue. My suggestion is that
the Federal Government place a high
enough tax on every bottle of beer so
that it will not be burdensome and yet
bring sufficient revenue so as to enable
a refund to be made to all the States
which allow the sale of beer, and thus
help them with their enforcement ex-
penses.
For example. If we put a tax of 3
cents bottle on beer We might be able
to refund / cent bottle to the State
where the sale is made. This would
prevent competition in taxation. In
deed. the principle might be used in
other articles and thus clear up some
CT the present difficulties We are having
in overlapping taXs ton between the
Federal Government and the State
Governments"
Sees Action Next Session.
The speaker was asked if he believed
the December session of Congress would
pass a beer bill. He was confident it
would be done and that it was within
the Constitution to allow 3 per cent
beer.
Many drys. am sure" he>said, "are
going to vote for per cent beer bill
because they will want the subject
passed upon by the Supreme Court and
will not wish to be in the position OF
delaying an Interpretation on this point.
The procedure. of course. after the law
was passed, would be to have trial by
jury as to the question Of fact; that Is,
whether per cent beer, for example,
is or is not Intoxicating haven't any
doubt that on a question of fact the
Supreme Court of the United States
would accept the opinion of lower
court"
Mr.. Garner said he was speaking his
own views, Of course, but that he had
been studying the question of Just what
alcoholic content would be permissible.
He said he was not sure but that even
81 per cent would be declared consti-
tutional. He added that many of the
prominent brewers of the country were
of the opinion that it was possible to
put out good beer at 10 cents bottle
and still make profit, even after pay
ing Federal tax.
Policing Up to States.
Mr. Garner feels that the entire ques-
nf &c ckrih nf 01
coholic beverages should be left 10 the
States and has declared in favor of re-
peal of the eighteenth amendment. The
situation, however, in the meantime, is
somewhat different in that the Federal
Government could pass a bill permitting
per cent beer and yet individual States
could forbid the sale OF liquor of an ell
coholic content of more than one-half
of per cent. 1t would take an act OF
the Legislature in many States to make
it legal for per cent beer to be sold
notwithstanding the action of Congress
The courts have ruled that while a
State cannot increase the alcoholic con-
tent beyond that laid down by the Fed
eral Government, they have a right tc
forbid the sale of liquor containing ar
increased alcoholic content.
Several of the big States. however
have no enforcement acts of their OWL
Also. approximately three-fourths of the
States will have legislatures in session
| beginning in January, 1888, so that il
| Congress acted in the short session anc
there appeared chance for the State.
| to increase their revenues, many o
them might promptly change their law:
| so as to permit per cent beer
Mr.. Garner is absolutely confident
that the Roosevelt victory, which he an.
ticipates, is going to be toward tht
repeal of the eighteenth amendment
and certainly in favor of the immediate
modification of the Volstead act.
sweeping victory for the Democrats, hi
thinks, will be construed as mandate
to change the prohibition laws.