Evening star., 1933-01-23
SENATE JUDICIARY
REPORTS BEER BILL
ColIier-BIaine Brew and Wine
Measure Now Goes to
Finance Committee.
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Continued From First Page.)
Robinson. Indiana; Hastings, Della
ware; Austin. Vermont; Bratton, New
Mexico. and Neely, West Virginia.
The vote by which the committee
rejected the proposal to reduce the al
coholic content to 2 per cent was
exactly the same
There were three absentees at the
meeting today: Senators Schall Min
nesota; Stephens. Mississippi, and
Black, Alabama
| The Borah amendment to prohibit
the sale Of beer and wine to minors
was adopted without q roll call, al
though some of the committee men,
bers, including Senator Blaine, voted
against the proposal. Under the
amendment, not only is it prohibited to
sell beer and Wine to minors, but it Is
also prohibited to give any of these
liquors to minors
The theory on which the bill is
drafted is that 305 per cent beer is not
intoxicating and therefore does not
violate the eighteenth amendment. The
adoption Of the Borah amendment pro-
hibiting the sale Of beer and wine OF
this alcoholic content to children ap-
parently was adopted on the theory
that it might be intoxicating to them.
The bill was reported to the Senate
| today by Senator Blaine, chairman OF
the subcommittee which has had charge
Of the measure since it came from the
House. The bill as reported strikes out
the entire House bill and substitutes
the Senate committee measure. The
prohibition against advertising the beer
or wine In States which do not permit
their manufacture or sale applies to
a uy0n 70 ND
other forms Of advertising.
Blaine Statement.
| In his report to the Senate on the
bill, Senator Blaine said:
No consideration was given by the
committee to the revenue features OF
the bill, except in SO far as formal
amendments were necessary to make
the administrative features conform to
the theory adopted in the bill. as the
subject OF revenues is exclusively
within the jurisdiction of the Finance
Committee. The committee, therefore,
makes no recommendation respecting
the amount of tax which should be i'm
| posed
THE essence Of the proposal is set
| forth In section ta), which reads as
| follows: Nothing in the national pro-
| hlbition act, as amended and supple
mented, shall apply to any Of the fol-
| lowing, or to any act or failure to act
containing not more than sos per
centum of alcohol by weight: Beer, ale.
| porter. wine. similar fermented malt
or vinus liquor or fruit juice
1T will be observed from a reading
Of the proposed substitute that there
Is no attempt made to define 'intoxicat-
| ing liquor
Beer, ale, porter. wine, similar fer
mented malt or vinus liquor or fruit
| juice, containing not more than sos
per cent of alcohol by weight. are lifted
out of the national prohibition act and
no penalties are prescribed for the
manufacture. transportation. sale or so
forth of that type of beverages"
"Constitutionality" Fixed.
"The essential features of the ma
tional prohibition act respecting all
other beverages containing alcohol are
left in force and effect. The details
| for administration need not be set
forth as the substitute amendment is
| designed to let the national prohibition
act stand as it Is. modified only as to
the permissible beverages under sec
ton three Ia.
THE committee believes that it was
the intent of the Senate that the COM
mittee should report primarily upon the
constitutionality Of the bill as 1t came
! to the Senate and that the committee
| make such notifications of the bill as
would bring it within the provisions of
the eighteenth amendment. That duty
the committee has performed.
From an investigation Of the sew
eral opinions rendered by the courts
and from scientific data contained in
| the hearings before the Committee on
Ways and Means of the House and the
Committee on Manufactures of the Sem
ate and the report of the Central Con-
troll Board of Great Britain and the
| British Medical Research Committee,
together with an analysis thereof made
by DR.. Yandell Henderson. professor of
applied physiology Of Yale University.
at the request of the committee, the
| committee concludes generally as fol-
lows:
Il. That the Congress has no power
to enlarge or diminish the provisions
of the eighteenth amendment by defini-
ton and that the Congress and the sew
| eral State Legislatures and all public
| authority are bound by the provisions
Of the eighteenth amendment.
Definition Up to Courts.
"2. That the definition of intoxi-
eating liquor for beverage purposes
must ultimately rest with the judicial
department of the Government
3 That as basis for the deter
mination of the questions involved,
the committee has accepted the follow
ing definition of Intoxicating liquor
| and intoxication' and drunkenness:
Intoxicating liquors are those
| liquors intended for use as or capable
of being used as beverage and which
contain alcohol in such proportion or
per centum that when consumed in
| the ordinary quantity which may prac-
tically be drunk by an ordinary man,
or in any quantity which the human
stomach will ordinarily hold, will pro-
duce condition commonly known as
intoxication or drunkenness. Drunken
ness or intoxication is a material, alb
normal mental or physical condition,
manifesting itself in the loss of ordi-
nary control of the mental facilities
| or bodily functions. to an appreciable
or material extent
a. That the eighteenth amendment
Is self-executing, in that In the ab-
sence of the Volstead act or some other
appropriate legislation for the enforce
ment of the eighteenth amendment, the
amendment can be enforced
IS. That the Congress has the legal
power to repeal the national prohibi-
ton act in its entirety.
"6. That the Congress has the power
to tax intoxicating liquors whether per-
mitted or prohibited by the eighteenth
amendment
81. That while the members of Con-
gress are bound under their oath to
support the Constitution and every ar
ticle thereof and amendment thereto.
the presumption must be that the men,
bers Of the Congress will not conscious
ly or unscrupulously violate that oath.
''The committee therefore desires to
poiAt out what in its opinion it believes
is the ample authority in justification
of the foregoing conclusions. Section
Of the eighteenth amendment is a
prohibition and restriction. Section 2