The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1932-12-22
SALOON SNAG
FACES SENATE
REPEAL Bill
Borah and Walsh Undecided
on Wording to Be Put
in Amendment.
MEASURE READY SOON
Judiciary Committee to Give
Approval by First
of Year.
BY LEO r. SACK
Times staff Writer

WASHINGTON, Dec. 22-As soon
as five senators, two of them Borah
and Walsh of Montana, can decide
whether they want to refer to
saloons in the Constitution, and can
reach an agreement as to how pro-
hibition should be referred to the
states, the constitutional amend
ment revising prohibition will be
ready for the senate. The house has
rejected straight repeal amendment
by six votes.
The amendment is being written
in sections and at intervals. Another
meeting of the subcommittee is
scheduled this week, but it is I'M
likely that the finished product will
be approved by the judiciary COM
mittee before Christmas and prob
ably not before New Years day.
The language thus far tentatively
agreed upon follows:
Section one: The eighteenth
amendment to the Constitution
hereby is repealed.
Repeats Importation Clause
Section two: The transportation
or importation into any state, ter
rltory, or possession of the United
States for delivery or use therein of
intoxicating liquors, in violation of
the laws thereof, hereby is re-
pealed.
Section three Congress shall
have concurrent power to regulate
or prohibit the sale of Intoxicating
liquors to be drunk on the premises
where sold"
The third section is the language
Senators Borah, Walsh, Dill. Blaine
and Herbert believe should be fol-
lowed should the senate seek to
legiSlate against the saloons, but
the impression prevails that the
judiciary committee will not at
tempt to include police regulation
in the Constitution. Even Borah
pronounced dry, is expected to OPP
pose the plan. He says:
My own view is that once you
recognize the sale of Intoxicating
liquor and turn the matter back tc
the states, the federal government
loses all power as practical prop
osition to control the manner oil
sale, or the place where the liquor
is to be consumed.
Saloon on Way Back
Theoretically, you may retain
power in the national government
to regulate or prohibit, but, as 9
practical proposition, it is a useless
power. So far as the national gov
eminent is concerned, once the
right to sell liquor is permitted anc
the question is turned back to the
states, the saloon will come back
it is on the way back now"
When the committee agrees
whether ratification shall be &C.
complished through convention;
called by congress or by the legis-
latures, or by legislatures without
reference to conventions, senator!
will get down to brass tacks," ac-
cording to Chairman Blaine of the
subcommittee, and begin voting.
The impression that an amend.
ment, carrying the dry states pro-
tective provision, will pass the SEN
ate is growing rapidly and senator;
are proceeding on the theory that
an actual vote may be had early il
January.
This then will refer the subject
right back to the house, which
failed to pass repeal resolution
but has approved proposed modi.
fication of the Volstead law. There
is the possibility, in the opinion Of
some senators, that the repeal reso-
luton may pass the senate before
the beer bill is enacted.