Evening star., 1932-07-03
Intoxication Issue KnOtty
Country Promised Great Controversy on Proper
Degree of Alcohol # Democratic Brand
of Politics Wins.

If the voters Of this country should
decide in November to sample the DEM
ocratic brand Of politics, the wise men
Of that party may be crying aloud WITH
in the next year for some one 10 come
forth and tell them the meaning OF
intoxication.
In advocating the Immediate modi-
fication of the Volstead act to legali3e
the manufacture and sale Of beer and
other beverages Of such alcoholic con-
tent as is permissible under the Consti-
tuition" they have opened the door to
one Of the most controversial questions
Of the day.
The eighteenth amendment forbids
the manufacture, sale or transportation
of Intoxicating liquors" The Vol
stead act holds that an intoxicating
liquor is any beverage which contains
one-han Of l per cent or more OF alco-
hol by volume.
The Democrats propose to modify
this act to increase the percentage Of
alcohol in beverages which can be le-
gally sold. Senator Bingham has al
ready proposed 80 per cent beer. All Of
these proponents are confronted with
the question of how high they can go
before the beverage becomes intoxicat-
ing and in violation OF the Constitu-
ton.
Question to Decide.
How are they going to determine
when an alcoholic beverage is in fact
intoxicating. and who is going to make
the decision?
Is a man intoxicated when his phySi-
cal reactions are slightly impeded, or
must he stagger when he walks?
Shall any consideration be given to
the length of time within which given
quantity Of the beverage is consumed
and whether it is taken on a full or
empty stomach?
How much attention must be paid to
the widespread use OF the automobile?
Can a man drive safely when he is af-
fected however slightly, by alcohol?
In view of the fact that no two peo-
pie are affected to the same degree by
a given quantity of liquor, shall the
definition of intoXication be governed
by the case Of the average" man?
II so, what is the average?
These are but a few of the questions
the Democrats must consider when they
begin to work out a formula for beer
which is not Intoxicating within the
meaning of the Constitution.
The one-half of l per cent figure in
connection with the alcoholic content
of beverages was not first used by the
Government in the Volstead act More
than 20 years ago the figure was used
for taxation purposes. At that time
the Treasury regulations, in order to
collect tax on alcoholic liquors mas
ouerading as patent medicines, held
that the product was taxable as a
Iiuuor if fit for beverage purposes and
II it contained more than one-haf of
l per cent of alcohol. There also is
evidence that the same fgure was used
by the Government as far back as the
Civil War.
Federal Ruling Asked.
When it became necessary to draft
the Volstead act great difficulty was
experienced in deciding how small
quantity of alcohol should be permitted
in a beverage. After prolonged dis
cussion Wayne B. Wheeler suggested
the one-half of l per cent figure be
lifted from the Treasury regulations,
and this was done.
There has never been a decision by
the courts as to what is IN Iact an IN
toxicating liquor, but the United States
Sunreme Court, in the case of Rhode
Island VS.. Palmer, ruled that Congress
has the power TO say what Is intox-
eating.
Section 29 of the Volstead act permits
the manufacture of "non-intoxicating"
cider and fruit juices, for use In the
home. and the courts have never held
that the word Intoxicating, used in
this section. means less than one-half
of l per cent. .,
In the Hill case, tried in Baltimore
i'm 1923 as an alleged violation of this
section. Judge Soper ruled the Govern
ment must prove Mr.. HIll's wine had
an alcoholic content which would make
a man drunk in fact. Although Gov
ernment chemists testified the beverage
Contained from Q TO IL Per cent alcohol.