Evening star., 1933-09-29
21SI AMENDMENT
PLANS ARE MADE
Justice Department Believes
36th State Vote Will
Set Repeal.

BY the Associated Press.
Justice Department officials have
worked out a plan which they believe
would remove the last lingering doubt
as to when, if prohibition is repealed,
the last moment of the dry era will
arrive.
In spite of a Supreme Court de-
cision to the contrary, some have in
sisted that regardless Of when the
thirty-sixth State ratifies the twenty
first amendment, repeating the eight
eenth amendment. the dry laws will
remain effective until the formal proc
lamation of the Secretary Of State Is
issued
Under the Justice Departments
scheme, the proclamation would be
given the same date as that Of the
thirty-sixth States ratification. II
this plan is used-and final decision
has yet, to be made-ofhcials say there
would be no doubt that prosecutions
brought for violations after the thirty
sixth ratification would not stand in
the courts.
Quick Operation Seen.
However, most officials of the de-
partment and eminent constitutional
lawyers in private practice here as well.
believe there can be no question but
that the twenty-first amendment will
become operative as soon as ratified,
regardless of the proclamation.
This group is firmly convinced that
should the question as to when prohi-
bition repeal took effect reach the Su-
preme Court it would rule that all laws
enacted by Congress to enforce the
prohibition amendment ceased to oper-
ate when the thirty-sixth State law
fully ratified the twenty-f1rSt amend
ment.
In the decision referred to by the
lawyers case of ex parte Dillon
the Supreme Court in approving the
action of trial court pointed out that
the ratification of the eighteenth
amendment was consummated January
Is, 1919, when the thirty-sixth State
ratified. It added that the fact the
Secretary Of State did not proclaim its
ratification until January 20, 1919, was
not material.
Justice Department experts also are
making study to determine what new
legislation will be needed when and If
the eighteenth amendment Is repealed
This study is supplementary to that
conducted by special committee in
the Treasury in preparation for re-
vision OF taxes, tariffs and regulatory
laws.
Without expressing an opinion as to
whether the Webb-Kenyon law, pro-
hibiting the transportation of liquor
from wet to dry States, would become
operative with repeal, Attorney General
Cummings said yesterday he believed q
reduction might be made in the number
OF prohibition investigators now on
duty.
Force Is Curtailed.
If it should be decided that this
statute is effective after repeal, 1t would
be the duty of the Federal Government
to enforce it. The number Of prohibi-
ton agents has been cut to / 200 Cum
mings said he felt, at least, that there
would be no increase
In the Treasury, officials of the In
ternal Revenue and Customs Bureaus
and the Division of Industrial Alcohol
are making studies at President Roose-
velt's direction in preparation for what
might happen after repeal. They have
determined that the tax on distilled
spirits, lacking further legislation,
would be s110 gallon and the tariff
s5 gallon.
The tax figure officials believe too low
to supply the Government with the
revenue it should get from the liquor
industry, and legislation increasing it
probably would be recommended at the
next session of Congress.
Gov j. M. Futrell believes his State
Of Arkansas, which ratified the prohibi-
tion repeal amendment by about two to
one, is going to remain legally dry.
Position Explained.
In letter he sent to Frank Clark,
president of the National Association
Of Retail Beverage Dealers, Gov. Futrell
Setd:
"The people Of this State will not
consent to whisky being openly sold
anywhere, except for medicinal pur-
poses.
I'm my Judgment your association
should stand for full cooperation by
the Federal Government with the sew
eral States in enforcing their local law
OF the State.
Il mean by this that where State
prohibits the sale Of liquor, the Fed
eral Government should prohibit the
shipment of such liquors in interstate
commerce To give each State what it
wants will do much toward keeping the
liquor question from again becoming a
national issue"
An official of the association pointed
out that Section of the repeal amend
ment says that the transportation
or importation into any State, territory,
or possession Of the United States for
delivery or use therein of intoxicating
liquors, in violation of the laws thereof
Is hereby prohibited
Clark also received letter from Gov.
Albert c. Ritchie Of Maryland saying:
Il am expecting to call an extra ses-
sion of the Maryland Legislature to
deal with this subject Qiquor controD
somewhere around the first of NOVem-