davidaulloa/AmericanStories huggingface dataset:
Evening star., 1932-11-22

use Of alcoholic liquors for beverage
purposes makes 1t clear that Congress
has political discretion, for which its
members are solely responsible to their
constituents, to determine to what ex-
tent, If any, the Federal Government
will enforce the prohibition of the
eighteenth amendment. The s5u,d-
ness of this conclusion can be tessed b.
the fact that no competent thin
would contend that the judiciary couiUl
compel the Congress to pass enforcing
legislation, If 1t refused to do SO.
Having thus clearly In mind a politi-
cal discretion, it remains to apply it to
the concrete problems that will con-
front Congress, but before doing so, one
further power, which Is fundamental,
must also be recognized. The eight
eenth amendment cannot be enforced
by the Federal Government without ap-
preparations. The power over the
purse-one of the most ancient rights
of the English speaking races vested
by the Constitution in Congress. The
eighteenth amendment does not i'm
pose any duty on Congress to appro-
pirate money for such enforcement, If
it has reached the conclusion from past
experience that enforcement is i'm
practicable and that such expenditures
of public funds would be wasted. Con-
gress might pass a law that certain
bridge should be erected across river,
but if subsequent Congress reached
the conclusion that it was impracti-
cable to erect the bridge at that point,
the House Of Representatives without
awaiting repeal of the law, would be
fully within its constitutional rights to
refuse to appropriate money to carry
out futile enterprise. This being so,
218 members of the House of Repre-
sentatives can end the futile expert
ment of Federal enforcement by refus-
tempted enforcement. It has for many
years refused to appropriate money to
enforce the fifteenth amendment.
Huge Sums Spent.
For IL years we have spent huna
dreds of millions Of dollars to enforce
the eighteenth amendment, and have
indicted over 100000 citizens, and the
law today is more widely violated than
ever. This being so, Congress has the
undoubted right to say that the further
expenditure of monies, especially In
view of the probable repeal of the
eighteenth amendment and the present
condition Of the Treasury, is waste
Of money.
As previously stated, the States, which
have like power and duty, have taken
this position, and the Federal Gov
ernment has no less right. Superficial
thinkers have called this nullification.
1t Is not. 1t is the exercise Of a dis
cretionary power as to public expendi-
lures, expressly vested in Congress by
the Constitution itself and those who
Evening star., 1932-11-22

there should be no return Of the saloon.
Such O guarantee would not add to the
dignity Of the Constitution, but tends
to "suckle fools and chronicle small
beer"
Such a constitutional guarantee
would be as generally evaded as is the
eighteenth amendment If the States
regain their right to authorize the use
Of alcoholic beverages, then one Of two
results seems inevitable. If there Is to
be no open legalized saloon, strictly regu-
lated by law, then there Will inevitably
be the unauthorized underground
speakeasy. A saloon, which the law
permits and regulates under strict po-
lice surveillance, is better than a speak
easy (only q saloon under a different
name), and which, being forbidden and
under cover, operates in violation OF all
laws.
recognize the evils that were in
herent in the saloon, but when the
States are authorized to regulate the
traffic within their own borders I be-
lieve that it would be better to await
the test of experience and then de-
termine what legal safeguards shculd
be thrown about the traffic. Each
State can best adapt such regulation to
its own peculiar conditions. 1t may be
possible and desirable to prohibit a
saloon IN Kansas and yet neither prac-
tical or even desirable in New York City.
I recognize the possibility that some of
the States might be very lax in such
regulation and therefore regarded as q
debatable question whether a repeating
amendment should not reserve the right
to Congress, in the light of experience,
to determine from time to time whether
the retail distribution of alcoholic beV-
erages through the 'so-called saloon
shall be permitted or forbidden, and,
if permitted, under what circumstances.
Even the word saloon" requires defini-
ton not possible in a constitutional
amendment. This concession might dis
arm the hostility Of dry States, which
may be more than IS in number, which
would oppose naked repeal. Let us
avoid the fatal mistake of another rigid
constitutional provision and rely upon
legislation, to use Washington's phrase,
based upon time and habit"
Requires Action at Once.
The mandate of the American people
further requires that, pending the long
process of repeal, immediate relief be
granted by a modification of the Vol
stead law, so far as that is now prac-
ticable under the eighteenth amend
ment. Congress, either in the short
session, or certainly in the next Con-
gress, will unquestionably be confronted
with this legislative problem, and the
limits of its authority are therefore of
immediate and profound concern.
The first section of the eighteenth
amendment forbids "the manufacture,
Evening star., 1932-11-22

use the word notification are plainly
ignorant Of the great political traot-
tions OF the English speaking race
which makes this power over the purse
the greatest of legislative powers.
The legalization of beer, of a nom
Intoxicating alcoholic content, will
probably be among the first legislative
measures to be considered in the COM
ing Congress. The question necessarily
arises whether there Is power in Con-
gress to determine what Is, and what
is not, an intoxicating liquor. In pass
ing the Volstead law, Congress, fol-
lowing the precedents OF excise legis-
lation, which were designed only for
the purpose Of taxation, imposed the
unreasonable limit of less than one
half of / per cent, and the Supreme
Court sustained this definition as
within the political discretion of Con-
gress to determine what is "appropri-
ate" enforcing legislation. Thus, ii
recognized a discretion in Congress to
define what is, and what is not, intox-
eating In fact. The court said
'It is therefore clear both that Con-
gress might reasonably have considered
some legislative definition of intoxicat-
ing liquor to be essential to effective
enforcement of prohibition, and also
that the definition provided by the
Volstead act was not an arbitrary
one"
Would Be Unreasonable.
A declaration Of Congress that brandy
or whisky was mountaineering in fact,
would be so unreasonable that the Su-
preme Court would hold that a law
which sought to legalize such hard
liquors was invalid. When, however
the question of beer arises. it Is obvious
that 1t can have an alcoholic content
so low as to be Notwithstanding In
fact, and also one so high that it Is
clearly intoxicating. The court viii
accept the declaration of Congress as
to what alcoholic content is, or Is not,
intoxicating, unless such declaration
were plainly arbitrary or otherwise un-
reasonable.
Congress can approach the subject
from the negative and clearly de-
fensible attitude of providing that no
provision of the Volstead law shall
apply to any beer of lesser alcoholic
content than prescribed amount, for
this is simply failure to enforce, and
beyond judicial review. Indeed, the
Congress could repeal the entire Vol
stead law and provide a new law,
which would apply solely to distilled
liquors. This would exclude all malt
liquors from the enforcing statutes.
The Supreme Court generally &C
cepts any assumptions of fact, which
Congress makes as the basis of legis-
lation, and I am confident that such
would be its attitude in the present
matter, for it Is the consistent dispo-
sition Of the court to facilitate. and
Evening star., 1932-11-22

not to ohstruct. the will Of the Amer
ican people. From the foundation Of
the Government 1t has invalidated less
than go Federal laws, and has only
done so when constrained by irnpera-
tive necessity.
The power Of the Fe@eral Govern
ment, in the presen state Of the
Treasury, to tax beer. does not depend
upon whether its manufacture is legal
or illegal. It can impose the tax In
either event This the court has ex-
pressly decided. While this Is so, 1t
seems to me profoundly immoral for a
legislative body to tax that which It
forbids. The palmer and better course
is to modify the Volstead law by ex-
cluding from its operation matted
liquors Of a small alcoholic content and
then impose reasonable tax upon the
commodity In relief Of the public
treasury.
While the ultimate objective must be
the repeal of the eighteenth amend
ment, yet the modification of the Vol
stead law should not await the SLOW
process Of such repeal. The time for
discussion is rast, and the time for
action has arrived. The will Of the
American people must be respected.
Evening star., 1932-11-22

much subject to The eighteenth amend
ment as the Federal Government, and
yet 80 of the 48 States have made no
appropriation to enforce the eighteenth
amendment, and large number have
either affirmatively refused to pass, or
have repealed existing enforcing legisla-
ton. No one calls this notification.
Their discretionary right to leave the
difficult task of enforcement to the Fed
eral Government is no greater than Is
the right of the Federal Government to
leave the question Of enforcement to
the States, and If the eighteenth
amendment be not repealed, the COM
ing policy of the Federal Government
may be to say to the States that the
eighteenth amendment was ratified by
them and for their benefit. and If they
want to enforce 1t, they must do so.
I do not know who the craftsmen OF
the eighteenth amendment were, but
they were good lawyers and very
capable men. They wanted to forbid
forever, In this country even the use
of alcoholic beverages. Why then did
they only give to Congress the power to
enforce the prohibition, without i'm
posing upon 1t an imperative mandate
to do so? They knew that there were
two uses of alcoholic beverages, which
could not be prohibited without pro-
found and destructive reaction. They
recognized that the two great religions
of our Western world, the Jewish and
the Christian, each use wine in the
most sacred Of their ceremonial rites,
and that there were times when an
alcoholic beverage was useful for
medicinal purposes.
Paradox Is Apparent
Fanatics as they were, they could not
bring themselves to include in the
first section of the eighteenth amend
ment an exception in behalf Of liquors
for sacramental purposes. or for medi-
cinal uses. Such course would have
brought too palpably to the minds of
the American people the monstrous
paradox, that commodity. which had
been lawfully used for countless CEN
turies, was to be forbidden as something
inherently wicked and criminal, and
yet its use was tolerated in the most
sacred rites of the church, and for the
beneficent purpose of alleviating human
suffering.
This compelled those clever drafts
men to leave to Congress a political dis
cretion as to the extent of enforcement
and what exceptions should be made to
prevent the policy of prohibition from
becoming intolerable, and Congress
promptly acted upon this interpreta-
tion of the eighteenth amendment by
permitting, in the Volstead law, the
use of wines for sacramental purposes,
and, in very limited way, the use of
hard liquors for medicinal purposes.
This unchallenged exception from the
Evening star., 1932-11-22

WYE buy the finest, the very
w finest tobaccos in all the
world-but that does not explain
why folks everywhere regard
Lucky Strike as the mildest ciga-
rette. The fact is, we never over
look the truth that Mature in
the Raw is Seldom Mild"
these fine tobaccos, after proper
The Washington times., 1932-01-30

Andrew R. Kelley Everyt h ing
with a pleasing tenor voice and
then yields to the movie star
After the usual Hollywood greet
ings Jimmy pulled an extra
length telegram from his pocket
presumably loaded with wheezes
from the Gold Coast. The jokes
are not so hot and, In justice to
Actor Dunn it might be stated
that usually he sings at this
point, but slight attack OF
laryngitis made this impossible
yesterday.
Emotional Punch
The big punch of Jimmy Dunn's
act comes with his re-enacting
the doctors office scene which
was highight of his greatest
picture bad Girl" Announcer
Singley explains the synopsis Of
the drar9at;' plot and the curtain
lifts f1l the cameo playlet.
Jimmy puts the required amount
Of emotional stress into this
dir mond-in-the-rough characterize
ton and the result is sure-fire,
IT'S a little let-down from the
heart-tearing tenseness of the
film because of the less effective
build-up but otherwise o. K.
Jimmy bowed off to a nice hand,
made an impromptu speech of
thanks.
Great Stage Unit
Fanchon and Marco revert to
the circus lots for revue idea
and offer a gem of a novelty
entertainment, with the real
flavor of tan bark. Adele Nelson
shows a troupe of elephants
which, besides being the cleanest-
looking pachyderms ever glimpsed
went through their routine OF
tricks as though they loved it all
Bee Starr seems to be the sue
cessor to the famed Lily Leitzel
with shoulder-twiSting featS in the
air truly amazing. Hooper and
Gatchett deputize as ringmasters
and offer comedy in between
Carl Sayton and partner are
skilled gymnastS and contor
tionists, and Lillian st. Leon has
a fine equeStrienne act which
winds up in fun-stirring, bareback
riding by volunteer juveniles
"CircuS Days." to sum up, is one
of the best of Fanchon and
Marcos touring units.
Open Air MeIodrama
Rainbow Trail" is conventional
open-air screen drama with
George O'Brien riding to the res.
The Washington times., 1932-01-30
Band Wagon to
Open Monday
At National

Max Gordon's revue, 1.-THE Band
Wagon" which has been IN q
class by itself on Broadway, at
the New Amsterdam Theater, Tor
the past eight or nine months,
will come here direct from its
New York run, being announced
for one week only at the National
Theater beginning Monday night.
af4 Highly Praised
"The Band Wagon" is a revue
of such exceptional quality that
the New York reviewers admitted
that adjectives, even in q
superlative degree, fail to do it
Justice. That it is quite the most
massive and pretentious produc-
ton ever staged is a physical
and indiSputahle fact. But mere
size and magnificence mean
nothing to THE Band Wagon" i"
It's idea, conceived by Max Cor
don and staged by HasSard Short,
and aided and abetted by the
authors, George S. kaufman and
Howard Dietz, is so original and
so superior to any other previous
revue that it might have been
played on a bare stage and still
triumphed for it's sheer novelty
and audacity.
Has Dancing Stars
The stars of 1.-THE Sand
Wagon" are the delectable Fred
and Adele Astaire, who started
out as the best dancers on the
stage and developed into a
comedy pair whom it would be
difficult to pas, and there is
Frank Morgsl, late star Of
''"Topaze," and Helen Broderick.
whose success in Fifty Million
Frenchme4l" made her comedy
star in her own right. And there
are John Barker, Philip Loeb,
Helen Darlington and a score OF
other principals, and dozen OF
beautiful dancing girls trained
and directed by Albertina Rasch.
and one must not overlook
Arthur Schwartz ingratiating
melodies which are already
familiar wherever music is played
The Washington times., 1932-01-30
JIMMY DUNN Bows TO HIS PUBIC
Football Thrills
and Mystery
At Met

The next best thing to actually
being in Pasadena at the famous
Rose Bowl on the occasion of
those historic gridiron battles is
seeing a great game, play by
play, on the screen, and Warner
Brothers Metropolitan Theater is
giving you an opportunity this
week of joining those cheering
thousands out there in the special
brand of California sunshine.
The battle of the giants is
what they termed the fight be-
tween Tulane and the University
of Southern California; victory or
defeat ceases to be essential when
such lineup takes the field.
When Glover made almost a
fu1l-length run in game of hard
fighting, you find yourself sup
pressing a cheer as all those
spectators jump to their feet YELL
ing in wild enthusiasm.
If there is any criticism of Tu-
lane let it be in that teams de-
termined effort to win by forward
passes; some beautiful plays and
some beautiful interceptions by
S. C.
The second thrill of the current
program at the Met is another
chapter from the records OF Sher'
lock Holmes, master mind Of Grim
inal detection, who discovers by
observation and deduction just
what the "Speckled Band" is, and
I defy you to have any idea Gun
less you've read the story Of the
nature of that vicious dealer Of
death which terrorized an English
girl and her sister. and finally was
discovered by the clever Mr..
Holmes.
It's an all-English cast, well
done, exciting in detail and is
bound to send a little quiver OF
suspense up your spine.
It's rightly named Thrill
Wnolz TX "
The Washington times., 1932-01-30
All In a Day
-By-
MARK HELLINCER

NEW YORK. JAN 80
We all make mistakes in youth. There the time
once travelled to New Haven to YaleHarvard foot
ball game.
In front of that train sat two Of the surethlng
boys. One knew slightly Phil the other merely as
the Duke
Phil asked me if had extra ticket for the game.
replied in the negative Whereupon the Duke waved his
hand in a derogatory fashion.
"Aw' he cried to Phil "them newspaper guys never
have nohin but their healthand very little OF that
Don't worry about it. Wen get there and we IL be IN the
front row
The Washington times., 1932-01-30
as
a Struggling
PIaywrisht

What will Robert Montgomery's
girl friends think Of him in
Lovers Courageous" at the Pal
ace? It is a fair question, for
blithe Mr.. Montgomery has junked
his old exuberance in this very
English drama of a tramp play
wright for whom a beautiful girl
snapped her lily fingers at family
and fortune.
Tale of Playwright
Although the play is credited to
Frederick Lonsdale, much of the
dialogue is of distinctly pre-war
vintage. The first part Of the
drama. telescoping the restless
lads boyhood and world-tramp
career, is bright enough. Cast al
ways in menial roles, the boy who
wants to write play has a gay
and insolent quip, in the best
English, for employers and other
tyrants.
English Actors
He meets the girl in South
Africa, and swears his love. She
goes to England to marry a bore,
but changes her mind to marry
and Starve with the promising
young fellow. 1t all comes right
in the end.
The cast almost exhausted Hol-
lywod's British supply - Beryl
Mercer, Reginald owen, Roland
Young and all.
The stage review is an active
affair starring William and Joe
Mandell, the bounding comics;
Flo Mayo, who thrills from
high trapeze; Miles and Kover,
adagio dancers plus; the Lucky
Seven Trio, sepfa tap dancers, and
pretty assembly of clever Ches-
ter Hale girls. j. 1. M.
The Washington times., 1932-01-30
''JekyII and HYDE
Will Thrill You

Frederick March as the infa-
nous Mr.. Hyde-or if you pre-
fer the upright DR.. Jekyll-gives
such a provocative performance
it is one of the most widely dis
cussed characterizations of the
recent movie output: The pic
ture holds over at Loew's Colum-
The Washington times., 1932-01-30
Travel Talk
Has Spain as Subject

Spain the Republic" is E. M.
Newman's Traveltalk to be pre-
sented tomorrow afternoon at the
National Theater.
The skilled traveller was in
Madrid with his cameras when the
Bourbon dynasty fell and a new
republic was born. In gripping
motion and still pictures we are
to witness such exciting events as
took place when following the
departure of the King and his
family. crazed mobs of men and
women waving flags of the re.
public danced and sang in the
streets. Here was history in the
making-the thrilling events Of
the overthrow followed by the de.
struction of valuable property and
a people temporarily mad, will all
be graphically illustrated.
The Washington times., 1932-01-30

cue of a Zane Grey harassed
heroine. 1t is filmed against
majestic backgrounds with many
scenes of impressive natural
beauty as projected on the en-
larged screen. Despite the obvi-
Gus and trite story of the Will
liam S. Hart genre. j. M. Ker-
rigan and the suffering Roscoe
Ates managed to sprinkle it with
laughs. Minna Gombell is mis-
cast and Cecilia Parker shows a
pleasing profile and negative act
ing.
Best Of the supplementary
screen shorts is Rambling, %
which demonstrates that Ethel
Norman can not only sing with
the best of the contemporary
torch vocaliZers but is also a
pleasing camera subject.
The Washington times., 1932-01-30
Slim Was Extra

Slim Summerville, who co-stars
with Zasu Pitts in The .Unex.
pected Father" at the Rialto
Theater, was the first 'guaran-
teed extra" in movies. Mack Sen
nett, by way of preventing him
from accepting a job at another
studio years ago, assured $12 a
o week for four days work. And
paid in advance!
The Washington times., 1932-01-30

ANN HARDING will be with
none other than Ann Harding,
whose latest picture. Prestige, :"
will have a pre-relase showing
at the local Fifteenth Street
theater. Miss Harding's support
ing cast includes Melvyn Doug
las and Adolphe Menjou.
The Washington times., 1932-01-30

NNAN -
most. overnight,
j a mes Dunn
walked on to
the stage OF
the Fox Theater
yesterday + or
a perSo n a !
appearance be-
fore a d orin n g
screen subjects.
The D u n n
act is intro
duced by VIII
Singley
ho sin g S
"YouJre NV
The Washington times., 1932-01-30

b y r K Q
Keith's for the
new week be-
ginning today.
The comedy
will be in the
C o m p e t e n t
h a n d S o f
D a p h n e Pol
lard, E n g lis h
com m edienne
who has been
as successful
on the stage as
she has on the
screen.
The romance
The Washington times., 1932-01-30

bla TO I n RI | |
and faScinate
screen patrons.
Rose Hobart
g i v e S a r E.
strained p err
fornance and
Miriam Hop
kins, one that
will hold your
fascinated in
t e r eS t. For
camera tricks
and makeup
art at it's most
m y S tifyin e
phase, see Or.
Jekyll and Mr..
HYDE " for tho
The Washington times., 1932-01-30
Ann Harding Tops
! Bill at Keith's

Comedy on the stage-romance
on the screen.
That is the program announced
The Washington times., 1932-01-30
Circus Days Has
Gay Flavor Of
Biz Tent

BY ANDREW r. KELLEY
Awed and seemingly a little
bewildered by the success in bad
Girl" which made him a movie
cele brity al
The Washington times., 1932-01-30
Explains His Plan

I leaned forward and spoke to
Phil. He seemed much more
friendly than the Duke.
IF you have no tickets, Phil,
how are you going to get in? I
understand it's a sellout."
Phil smiled.
Leave it to the Duke" he
cried. I'VE amt got a dime be-
tween us right now. But watch
us by the time we get there"
After the train had proceeded
, q few miles farther, the Duke
rose to his feet.
Fellows" he cried loudly to
the crowded car, there's guy
in the next car what wants to
buy two seats for ten bucks each.
Anybody want to sell?"
No response from our Car.
The Duke stepped into the next
. one.
The Washington times., 1932-01-30
HERE'S WHAT WE,
OFTHIS
PIcTURE:

IF WE were a newspaper critic review
ing "LoUers Courageous" we'd write:
This picture will please just about
every normal man and woman in town.
Robert Montgomery has the best role of
his career and Madge Evans makes the
most lovable, beautiful sweetheart
imaginable.
"LoUers Courageous" is the kind of love
story not often on the screen these days.
There's nothing STACEY about tits
natural, human, lovable. It's about two
young people who love each other des-
perately, normally. They are brave about
their troubles. And you get an intimate,
inside acquaintance with their young
married life. 1t is wholesome, fine, In
spring! It's not wishy-washy! Plenty of
spicy dialogue but never nasty. Even
when Mad9e Evans says to Bob Mont
gomery: Let's stay home and have a
baby!"-you'll not blush. Because it's
done so sweetly, so naturally, so beauti-
fully. It's a happy thought! liked
"LoUers COurageOus" immensely. Let me
know if you agree after seeing it, together
with the Capitol Theatre, New York, Re-
vue that features William & Joe Mandel
and eight big acts and features.
CARTER BARRON Managing Director.
LOEW'S PALACE