Evening star., 1934-01-25
Text of D. c. Liquor Message
President Signs Measure and Sends 1t Back to
Congress for Amendments in Order
to Avoid Delay.

be noted that no tax Is imposed on beer
and light wines.
g. Ex-convicts shall not be employed
in the sale of beverages; minors shall
not be employed in the sale OF bev-
erages except beer tsection 25).
10 Penalties for violations Of the
act are provided for. as well as pro-
cedure for the enforcement Of penal
ties sections 81, 33).
IL. Sales at retail on credit, except
as to beer and light wines. are forbid
den, provided that sales on credit may
be made to members of clubs and guests
of hotels tsection 35).
10. Rectifled and blended spirits are
required to be sold in containers bear
ing labels indicating the nature, per-
centage and age of each ingredient and
the alcoholic content by volume (sec-
tiOn 36).
"13 Violations of the national pro-
hibition act committed prior to the en-
actment of this act may be prosecuted
as if this act had not been enacted
(section 3D."
Qualification Is Needed.
''The bill contains q number Of pro-
visions which would seem to require
clarifcation and correction. These pro-
visions are as follows:
The bill contains no saving clause
subordinating its provisions to codes
of fair competition where there is an
inconsistency between them. Such a
safeguarding provision seems desirable
in view of the fact that codes Of fair
competition for various branches Of
the alcoholic beverage industry have
already been adopted.
| Section g. subsection (b), paragraph
8. OF the bill, if literally construed,
would seem to require that every pur-
! chaser and consumer of liquor should
obtain a license. Clearly that is not
the intention of the bill.
Section IA tC). provides that except
! for certain limited types Of retail IL
censes. no place shall be deemed ap-
| propriate for license if the owners of
a majority Of the real property with
in radius of 600 feet shall object to
the granting of the license. 1t is not
clear whether the phrase owners of a
majority Of the real property is in
| tended to mean majority of the own
ers of real property within the pre-
| scribed radius or the owners of the ma
| jority portion Of the area within the
| prescribed radius. This Is an ambiguity
| that is likely to give rise to litigation.
The provision in section 5, prohib-
| iting members and employees Of the
board from having any indirect inter-
est in the liquor business. is too broad
in that as framed it might be con-
strued as preventing them from own
ing any stock in railroad companies,
warehousing companies and so forth.
Restriction In Residence Area.
Section - prevents chain stores
from selling beverages, as no person is
permitted to have more than one retail
license. while every license appears to
be limited to single place.
Section Is excludes stores and res
taurantS in residential districts. unless
located within q hotel. apartment house
or club, from obtaining any retail Ii
cenSeS.
Federal Policy Involved.
ct have conferred with the Secretary
of the Treasury and the Federal Alcohol
Control Administration. The Secretary
has authorized me to say that he con-
ours with the views expressed in this
communication. In addition to the
matters presented here. Mr.. Choate,
director of the Federal Alcohol Control
Administration, has pointed out that
the provisions Of section SO Of this bill,
relative to labelling, may not be In ac-
cord with the policy of the Federal Al
cohol Control Administration. This in
wolves an important matter Of policy.
I am inclosing Mr.. ChOate's letter.
recommend the approval of the bill,
but respectfully suggest the necessity
for proper amendatory legislation.
(SignedD
HOMER S. CUMMINGS.
Attorney General"
Text Of Letter.
Choate's letter follows:
my dear Mr.. Attorney General:
I'm accordance with the Presidents
wishes I call to your attention two
matters in connection with the Dis
trict of Columbia alcoholic beverage
control act, which affects the Federal
Alcohol Control Administration.
First: I think that saving clause
to the effect that nothing in the act
shall be deemed to authorize anything
prohibited by the various codes of fair
competition relative to alcoholic bever-
ages would have been highly desirable.
To take specific case: The act author
izes sales Of distilled spirits in bulk by
licensees The codes prohibit such
sales except to rectifiers land blenders