Evening star., 1933-01-23

tressed not upon the proposition that
such liquors are Intoxicating in fact. but
that Congress had been granted the
power to legislate on the subject of
intoxicating liquors as a necessary
means Of the payment Of the end with
in the grant of power, that is the pro-
hibition of Intoxicating liquors"
The committee In its report contends
that "any amendment to the Volstead
LIQUOR would be held imperative to the
extent that the liquor is in fact intoxi-
eating"
"All danger on that score IS avoided
by section three (D of the proposed
substitute 1t is submitted that Con-
gress might have originally enacted
enforcement legislation not expressly
reaching all intoxicating liquor for
beverage purposes. Congress therefore
can amend or modify the Volstead
act in such fashion, always having
in mind, however, the distinction be-
tween failure to provide statutory
punishment for an act and positive
declaration by definition Of the act by
statutes"
Sees No Objection TO Bill.
The committee contends that no OBJ
lection would lie against the proposed
should It be contended that sos beer
by weight is intoxicating. 1t continues;
Legal action. both criminal and civil.
will still be available to the enforce
ment of the eighteenth amendment re-
specting liquors if in fact such liquors
are found to be intoxicating"
It is pointed out that actions could
be brought in State courts in those
States where places in which legal
LIQUOR is sold are declared to be public
nuisances. The report points out that
while Congress may by legislation make
findings a fact as well as to declare
an act of law lin our opinion there has
been no judicial determination that
the Congress can enlarge or diminish
by definition its grant of power"
"Of course, it is well known rule
that the Congress may, by legislation.
determine a fact, and as matter OF
fact. Congress respecting nearly all
legislation determines certain facts,
that certain evils exist. that certain
facts make it essential that legislation
be enacted to project the general well
fare In case of such findings OF TACT,
the courts will give great weight TO
findings of fact by the Congress. The
cases supporting such contention. how
ever. do not justify the Congress IN ex-
tending or diminishing an absolute pro-
hibition such as is contained In the
eighteenth amendment, the thirteenth
amendment or certain absolute guaran-
ties under the Constitution and in
the amendments thereto.
Finally the committee. in order 10
satisfy the conscience and scrupleS OF
members of the Congress, points out
that there is much testimony offered
before the House Committee on Ways
and Means and the Senate Committee
on manufactures, and before this COM
mittee that 80 percentum OF alcohol
by weight in the beverages permissible
under the substitute is not in fact IN
toxicating. The committee. however,
has turned its attention to other data
and especially to the report OF the
Central Control Board of Great Britain
and has had such report printed as
part of this report, together with the
analysis report of DR.. Henderson OF
Yale University, all of which are re-
spectfully submitted as the most COM
plete and scientific consideration and
examination of the question OF intoxi-
eating liquors, and what percentage OF
alcohol in such liquors produces in
toxication.
Examination of such report has led
the committee to recommend that the
alcoholic content in the liquors to be
taxed should not exceed sos per cent
by weight and that such alcoholic con-
tent satisfies the provision of the
eighteenth amendment