Evening star., 1933-01-07
81 BEER ATTACKED
AS INTOXICATING
AND AGAINST LAW
Friends and Foes of Measure
Present Arguments to
Senate Body.
APPEAL FOR PROTECTION
OF CHILDREN is MADE
Drys Stress Violation of Eighteenth
Amendment and Present Stats
tics on Alcohol.
BY the Associated Press.

By the Associated Press.
Friends and foes of prohibition pre-
sented their most effective arguments
today before a Senate judiciary sub
committee on whether 80 per cent beer
Is constitutional
Chairman Blaine gave each side
three hours to present testimony, limit
ing the hearing exclusively to the con-
stitutional phases of the bill which was
passed by the House last month.
Six witnesses were designated by the
MISUNDERSTANDING B. Dunford,
Andrew Wilson and Robert H. Nc
Neill Of Washington, representing the
National Conference of Organizations
Supporting the Eighteenth Amend
ment; Mrs. Henry w. Peabody, chair
man of the Woman's National Com
mittee for Law Enforcement; Mrs. Will
liam T. Bannerman, chairman of the
Legislative Committee of the National
Congress Of Parents and Teachers, and
Mrs. Jesse w. Nicholson, chairman of
the WomenS National Democratic Law
Enforcement League.
heducu ny Law AutuOEltg.
Representative James M Beck of
Pennsylvania. noted as an authority on
constitutional law, headed those who
contended the House measure would
not violate the eighteenth amendment.
A number of others were present, ready
to be called
Prohibition supporters spoke first
Dunford, attorney for the National
Conference of Organizations Support
ing the Eighteenth Amendment. said
the beer proposed in the House bill was
Intoxicating
The big room in the Senate Office
Building was less than half filled Most
of the spectators were women
Chairman Blaine was the only one
OF five committee members present as
the hearing was called to order and
Dunford began to read his brief. Sen
ator Dill came in few minutes later.
Declared Unconstitutional.
Dunford, in a statement prepared for
the committee, asserted the bill "is
squarely in conflict with the spirit and
purpose Of the eighteenth amendment"
since it undertakes to legalize and
license an Intoxicating beer"
1T is" he said, both an attempt to
sanction what the first section of the
amendment prohibits, and also an at
tempt to defeat or thwart the purpose
of the amendment which the Supreme
Court declared Congress could not do
and discharge its constitutional obli-
CATION"
He said the bill originated before the
Ways and Means Committee, whose OBJ
ject is to raise revenue, and added:
The record shows that the legisla-
tion is proceeding upon the false prem
1se of seeking to define the maximum
amount Of alcohol not actually intoxi-
eating. which is something physically,
scientifically and practically impossible
of enactment since no two individuals
are affected alike"
The bill, Dunford contended, violates
all precedents and runs contrary to ex-
perience. He said that provinces in
Canada under liquor control laws with
two exceptions classify as intoxicating
beer with less alcoholic content than
the measure proposes.
He cited tests conducted by DR.. Wal
ter r. Miles of Yale University, to prove
that 80 per cent beer by weight Is in
toxicating and said:
THE Constitution of the United
States was not adopted simply to pro-
tect the average healthy adult who has
established tolerance for alcohol, but
to protect all classes, including the
young, immature and those susceptible
to the narcotic, habit-forming nature
of the commodity which is the subject
of the prohibition in the Constitution" ="
Dunford was allowed to proceed with
out interruption by members of the
committee for a large part Of his
testimony.
AS he went on Senator Hawes, Demo-
Crat. Of Missouri sat down at the COM
mittee table, although he is not a
member of the subcommittee.
Chairman Blaine admon!shed the wit
ness that he was not confning his
testimony to the constitutionality OF
the bill.
Il am giving points which the COM
nittee may consider in determining the
reasonableness of the law" Dunford
replied.
Questioned by Senators.
Are you conceding that Congress
may reasonably define an Intoxicating
liquor?" Blaine asked.
1T is the duty of Congress to enact
appropriate legislation. But it must
be reasonable" the witness replied.
Then YOU agree Congress has the
right to decide what is intoxicating?
II have never heard any one dispute
that" Dunford said.
Blaine said the witness was not CIV
ing the committee much aid in deter-
mining the constitutional question"
Senator Dill asked Dunford what he
would think of drafting a law limiting
the penalties Of the Volstead law tC
beverages above a certain percentage
instead of arbitrarily declaring beer OF
80 per cent intoxicating.
IF the percentage is sufficiently low
TO carry out the spirit Of the amend
ment we would say that was all right,
Dunford replied.
Asked About Repeal.
Suppose we repeal the entire Vol
stead act?" Dill asked.
; Then YOU are seeking to defeat ol
thwart the purpose of the amend
ncnt."
Blaine said the point involved wa!
not whether 80 per cent beer is In
toxieating
II Congress passes no legislation,
stitutional"
IheTe IS an obligation to enac
leglsIation TO carry out the purpose o
tne amendment Dunford replied
mis- PEABODY, in the statement pre-
pared by her said:
we submit that per cent beer
mlokicatlng and, therefore. is uncon
stitutional under the eighteenth amend
ment; you declare 1t to be non
mtoAlcsting @ Tor any purpose. including
Lnat ol evasion then it may be sol,
~ 1nyHheIe ana no Congress and n
State can control IL.
Inc vote Of the House of Repre-
Een.aIlyes and the assertions OF tn