The Western news. [volume] (Libby, Mont.) 1933-current, 1933-10-05

Ponder Liquor tuition by the middle
r..I of December, and Its
Imminent repeal has
set many of the wiser heads to think
Ing about control of liquor sales which
thereafter will be legal. 1t is an Inn
portant problem. 1t is recognized as
one that is exceedingly serious, and
those who are really seeking TO per-
form the proper functions OF public
office In state and nation seem to be
moving In the right directions when
they give consideration to sales con-
troll and to minimizing admitted dam
gers In legal liquor sales.
The drys, OF course, have not given
up. They think they still can block
repeal Of the amendment. There are
only half a dozen more states needed
on the affirmative side of the propo-
sition to get the amendment out OF the
Constitution. however. and whenever
thiriy-six states have expressed their
views, 1t is made to appear as unlikely
that last-ditch move by the drys will
defeat the repeal program which Pres
ident Roosevelt pledged In advance OF
Ills election.
Dry leaders here In Washington
have guarded their plans with the ut
most secrecy. They will not disclose
what they plan to do to hold up re-
peal. Undoubtedly, 1t eeefRl include re-
sort to court proceedings designed to
prove that the votes already taken
have been void on some technical
ground. And say 1t is possible they
may find such a basis, but inquiries
among nearly all of the recognized le-
gal authorities have failed to disclose
that any OF them see how the drys can
be successful.
In view Of reports from some dry
quarters that the method OF voting will
be attacked as Illegal. 1t might be OF
Interest to recall that United States
District Judge Clark OF New Jersey
held few years ago that the Eight
zenith amendment never was In the
Constitution at all He decided that
since the states had voted through
their legislatures rather than through
conventions, the amendment never had
been ratified. But the learned Judge
was promptly overruled by the high
eat tribunal. which determined that the
Constitution Itself gave congress the
IN,
the ratification OF Constitutional
amendment by legislatures or by the
convention system. So It would seem
according TO legal experts. that the
drys have little hope In that direction.
IT Is quite possible, of course, that
some one or two of the states sched-
uied to vote between now and mid
December may upset the applicant by
voting for retention. instead OF re-
peal, of the amendment. In which
event, there would be delay. Govern
ment officials tell me, however, that
repeal Is almost certain.
So the question for consideration
then. obviously Is, "how will Its sale
be controlled to avoid the oldtime sd
loon and Its attendant evils?" In this
matter. the vets will go a long way
with the drys In seeing that restric
tions are thrown about the sale Of
liquor that will remove some OF the
curse that admittedly was tied up witt
the corner saloon.
An important wet leader told ms
that he wanted to prevent return O.
the saloon and want
Thumbs DoUned to see some 4sen
on Saloon sible means pro
vided for distribu
ton, purely as matter OF long-rang
policy. II such action Is not taken
he said, there will be another figh
against prohibition staring the wet
in the face at once. Since the wet
want repeal. therefore, they can b
counted upon. generally speaking, I
propose as well as support, any sys
TEN that will make for elimination o
those embarrassing features of liquo
sales that brought on prohibition /
the first place.
There are numerous schemes an
systems under discussion. Thus fa
none OF them seems to have crysta
liked into a program behind which
majority Of the strength can be mu
tered. Having seen prohibition fight
In numerous instances In congress.
appears that there Is likely to be niue
hauling and filling In the state legi
laturesT on the questions centerin
around control That statement, HOY
ever. must not be understood as appl
Ing to the real leaders on either sic
of the problem. The small fry and I'll
politicians who will want to feath.
their own nests are the folks who al
going to make enactment OF contr
legislation difficult.
And while we are discussing pr
hibitIon repeal. 1t may be report,
that there has been decided diffe
ence of opinion as to how 1t will b
come operative Some argument h
been advanced that repeal will not
operative, even after thlrty-six stat
have ratified the new amendment, un
the Department OF State. here In Was
ington, issues proclamation to tn
no rfu no 4