Evening star., 1933-10-08

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has no liquor law-except the Volstead
act. If that should be declared in the
discard, there will be no law regarding
the liquor traffic here, except the re-
naming sections of the Sheppard act
and the Webb-kenyon act, which pro-
hibits the shipment of liquor into dry
territory. Whether the Webb-Kenyon
act will be held to apply to the District
If the Volstead act is declared no longer
in effect here Is another question, too,
except in SO far as public drinking is
concerned.
Many good lawyers" said Senator
King yesterday, ARE insisting that the
Volstead act is severable as to the States
and the District of Columbia; that it
will be automatically repealed when the
eighteenth amendment falls, but that,
so far as the District is concerned, it
will still be in effect until repealed by
act of Congress. They hold this to be so
because of the plenary powers of Con-
greSS to deal with the District of Colum-
bia. The Volstead act has been the
enforcement act for the District. 1t is
contended that the Volstead act Is a
local law. so far as Washington is
concerned"
Court Action Slow.
1t is clear that Senator King believes
that such ruling by the legal author
tiles of the Government would serve to
prevent great uncertainty. Even If the
ruling should be attacked in the court,
the case very probably would be delayed
until after the Congress had q chance
to pass liquor control act for Wash
ington.
The repeal Of the eighteenth amend
ment, turning the control Of the liquor
traffic back to the individual States. by
no means repeals State dry laws that
may be in existence at the time of
repeal-although the Volstead act. as it
applies to the States will fall immedi-
ately. Therefore, if the contention can
be upheld that the Volstead act, in SO
far as the District is concerned, is a
State dry law. there seems no doubt
that the District will continue dry until
Congress can act.
William w. Bride, corporation counsel
for the District of Columbia, has given
it as his opinion that the Volstead act
will continue to be in force in the
National Capital even after the repeal
of the eighteenth amendment. He has
pointed out that the Supreme Court of
the United States in past decisions has
held that law may be constitutional -
the District Of Columbia, even thous
it is not constitutional in the severa
States, on the ground that Congress has I
the sole legislative Jurisdiction in the
Federal District and plenary powers
here.
Licensing Problem Seen.
Should the Department Of Justice in
the end rule otherwise, and hold that
the Volstead act falls in the District as
well as in the States with the eighteenth
amendments repeal, the District Com
missioners are going to have their work
cut out for them. The old excise board,
which issued liquor licenses, has long
since passed out Of the picture with the
liquor license law. They might under
take to issue licenses for the sale of
liquor under the present license law for
the District as 1t applies to other busi-
nesSeS. This law was not written. how
ever, to apply to the liquor trafnc. The
licenses issued for the sale Of 80 per
cent beer are issued under the terms of
the beer act.
Department Of Justice officials still
are pondering this question Of liquor
control in the District. They have until
December to make up their minds, it
Is true. But II they are to decide that
the Volstead act does not apply to the
District after repeal Of the constitu-
tional amendment, the sooner they
reach q decision the better for the Dis
trict. For II the Commissioners have
to set up licensing system, they will
need time TO devise 1t and put 1t into
operation. And II they are going to try
to halt liquor sales until Congress acts.
then they will have to perfect their
plans Tor holding the District dry. too.