Henderson daily dispatch. (Henderson, N.C.) 1914-1995, 1937-07-14
LIQUOR LAW. STILL
IS NOT CLARIFIED
Attorney General Beseeched
for More Elaborate Rul-
ings Speedily
Daily Dispatch Bureau,
In The Sir Walter HOte

Raleigh, July 14:-iAttorney Gen
eral Seawells succession of opinions
on the North Carolina beverage con-
troll law have not clarified that sta
tute sufficiently and both yesterday
and today attorneys have been. with
Mr.. Seawell seeking to get clearer
understanding of the State law so
that the dealers holding federal Ii
censes do not run into trouble.
Mr.. -Seawell's series of opinions
have come in response to specific
cases calling for his opinion. There
is so much of. this act that both the
attorney general and the Supreme
Court pass upon only such matters
2 in law as relate to the case in point.
There is lot of law on the wine and
beer question. The federal dealers Ii
cense does not protect violations of
the North Carolina acts, but just what
they are the supreme court and the
attorney general have not yet said.
Many of these requests for a de-
partmental ruling come from ener-
getic drys who have a hunch that the
dry cause has been wrecked by the
heavily fortified wines and beers.
Complaint is made that wines and
other less hard drinks have been
greatly hardened and that there is no
chance to enforce the dry laws in ter
ritory because so much alcoholic con-
tent can be found in these ferinent-
ed drinks as to make the drinking
of WHISTLES and brandies useless. But
the federal dealers with their national
protection will be in constant jeO-
pardy if they do. not know what the
North Carolina law is and it is hard
to know.
Federal dealers may be punished
federally. They can lose their permits
to sell and fines may be laid upon
them without actual trial by court
and a jury. Then the state can soak
the sinners, SO that all in all the
manufacturers of beers and wines are
having considerable trouble in North
Carolina. They are asking for state
ment from the attorney general clear
ing up the misunderstanding
The repeal of national prohibition
did not stop the operation of all fed
eral legislation done under the old re-
gime The Webb-Kenyon and Wilson
acts are still available for federal use
in the courts. As to the alcoholic bev-
erage situation now shapes UP there
are powerful wines and beers which
may be unlawful in North Carolina.
Attorney General Seawell is asked to
clear UP the law.
Advocates of beer and wines in the
1885 and 1888 general assemblies hop
ped that the lighter drinks would les
sen the consumption of hard liquors,
but North Carolina history does not
verify the hope. The revenue receipts
show 40 per cent increase in these
fermented drinks, but figures over the
country make hard liquor drinking
200 per cent greater than it was five
years ago. And the drys do not count
those so per cent wines "intoxicat-
ing The drinking seems to. ioe on
the up and up everywhere, but North
: Carolina uses a relatively higher per
cent of the fermented drinks than it
did two years ago: -
The whole subject of liquor legisla-
ton seems to be in mess and the
average attorney chosen by a client
whose business is selling and making
drinks, does not know what to advise
that client. There may be some cases
taken to the courts in the hope of
getting final opinion on this subject.