Evening star., 1933-01-16
Favorable Report Is Expected
in, Senate on 3.05
Brew and Wine.
EVADES
INTOXlCATION ISSUE
Provides for Punishment and Re
peal of Volstead Provisions
Making Sale Illegal.

tional prohibition the Senate Judiciary
Committee gave friendly consideration
to a bill legalizing the manufacture
and sale of sos per cent beer and wine.
Although the committee did not
finally report the bill to the Senate.
Senator Norris of Nebraska, chairman,
after the meeting said that he believed
the bill would be favorably reported,
perhaps at the next meeting of the
committee on Monday.
While the Judiciary Committee con-
sidered the beer bill, Senator Morris
Sheppard Of Texas, author of the
eighteenth amendment, waited in the
Senate to deliver a speech upholding
national prohibition and attacking the
vets. Senator Huey Long of Louisiana,
who held the floor, declined to yield to
Senator Sheppard to make his prohibi-
ton speech.
British Report Considered.
Senator Norris said the Judiciary
Committee had had before it for dis
cussion the beer bill prepared by its
subcommittee, headed by Senator Blaine.
He said the subcommittee had informed
the full committee it considered a re-
port made In 1918 by the British Gen.
trail Control Board and Medical Re-
search Council on the subject of what
constituted an Intoxicating liquor to be
the most scientific ever made. The COM
mittee ordered that this British report
be printed for the use Of the individual
members of the judiciary Committee.
The report of the subcommittee, Sen
ator Norris said, does not undertake to
say what is Intoxicating.
The subcommittee bill merely makes
legal the sale of beer and other fer
mented liquors which do not contain
In excess of sos per cent alcohol by
weight or 3.8 per cent by volume" SEN
ator Norris said. "It provides for punish
ment for the manufacture and sale of
any beverages containing alcohol in ex-
cess OF that quantity. It also repeals
those provisions of the Volstead act
which make such sale illegal.
The subcommittee merely uses 3.o5
per cent alcohol to indicate that ii be-
iieves from the evidence that a beverage
containing no more alcohol than that Is
not intoxicating. 1t is intended only
to satisfy legislative scruples, for the
COMMITTEES believes that regardless Of the
alcoholic content fixed as limit such
bil! would have to be held constitu-
tional.
No Punishment Provided.
II think that majority Of the Judi
ciary Committee is of the opinion that
regardless of the Intoxicating character
OF a beverage, we can pass this kind
OF legislation and be upheld In the
courts. 1t simply means that II a man
Is arrested for selling liquor with an
alcoholic content less than 3.05, or not
exceeding that. there is no provision of
law for his punishment. But 1t may
also be said that the committee be-
iieves that a beverage containing no
more than sos alcohol by weight is not
intoxicating"
The committee had before 1t the sub
committee beer bill which Is complete
substitute for the beer bill passed by
the House. Senator Norris said that
the committee had agreed to formal
amendments. but had not attempted to
pass upon the merits of the BILL
The subcommittee bill differs from
the House bill in that 1t would legalize
ngnt wines as we'll as beer and in that
II reduces the alcoholic content per-
mltted from 80 by weight to sos.
Inls anniversary of the effectiveness
OF the national prohibition law finds on
tne senate calendar a resolution favor
ably reported from the judiciary Com
mlttee proposing the repeal of the
eighteenth amendment, although it
would ban the saloon and protect dry
states from an inflow of liquor.
The anniversary of prohibition finds
In Congress, in the home. in clubs and
IN the factory, the question still lead
ing national issue-stoutly condemned
and stoutly defended.
AS the vets, saying they are mott
waited by the events of the November
elections, organize to abolish prohibi-
ton, the drys, asserting the elections
were not indicative of the will of the
people, organize equally as deter
mindedly to retain prohibition.
Since Congress convened In Decem-
Der this has happened: An outright re-
peal resolution was defeated in the
House by six votes; bill legalizing 32
beer was passed by the House and then
redrafted by a Senate committee to
provide for sos beer and wine; a reso-
luton repeating the eighteenth amend
ment but also affording protection to
dry States and giving Congress power
TO ban saloons, was approved by Sem
ate committee and now Is on the cal
endar there for action.
Passage Predicted.
With Democrats solidly behind the
move to legalize beer, sponsors asserted
such legislation would surely paSs-its
chief hazard being the growing legisla-
tive jam piled up by the current fill
buster in the Senate.
The prohibitioniSts took comfort In
the frequently made assertion that
President Hoover would veto such a bill.
AS for repeal. they contended that it
could be defeated when the question Is
submitted to the States for ratification.