Evening star., 1948-01-06
DisiiIlers Plan TO FiqhI
Curb on Use Of Grain
On Constitution Law
Repeal of Prohibition
Held Right to Operate
Without Discrimination
BY David Laaprence

BY David Laacrence
Petitions may be filed soon in the
Federal courts asking that a certain
section of the anti-infation bill re-
Gently enacted into law be declared
unconstitutional insofar as it seeks
to curtall the use of grain by the
distilleries.
The new statute is, of course.
worded so that on its face it applies
in compulsory fashion only to the
distillers.- Other forms of ALLEGATION
are voluntary, but where the distil-
lers are concerned the law attempts
to set up the distillers as a special
class.
Under constitutional theory, the
laws must be applied equally and
without discrimination. Had the
new statute delegated to the Secre-
tary of Agriculture power to cur
tail the use of grain by all users of
that commodity. the distillers could
not have pleaded exemption. AS it
IS, they have a case under the 5th
and 14th Articles of the Constitution
which say, respectively, that private
property may not be conflscated
without just compensation and that
citizens are entitled to equal pro-
lection of the laws"
21st Amendment Discarded,
II the new statute, specifically en-
poWerlng the Secretary of Agricul-
ture to shut down the distilleries, is
carried out, it means that the 21st
amendment to the Constitution has
also been discarded This amend
ment was adopted when the 18th
amendment was repealed. Congress
had been given power under the 18th
amendment to deal with the busi-
ness of Intoxicating liquors, but this
was taken cut of the Constitution by
the 21st amendment which elilni-
mated Federal power to prohibit the
manufacture or sale or transporta-
ton of Intoxicating liquors for bev-
erage purposes.
Thus, when the 21st amendment
was adopted, Congress lost its power
to put prohibition into effect, If the
new law recently passed by Congress
were upheld by the courts, it would
mean that the 18th amendment is,
In effect, back in the Constitution,
All Congress would have to do to
accomplish this would be to reauir.
certain regulation of output as a
part Of law regulating the amount
Of grain or other ingredients that
could be used by distillers. This
could mean the end of the distillery
business altogether.
1t seems highly improbable thai
the courts would construe such all
obvious example of discrimination
as a valid exercise of congressional
power. Inere are many persons in
this country who want to see prohi-
bition restored, but these same peo-
pie would doubtless be the first to
argue that whatever is done should
be done by constitutional methods.
To tear down the Constitution be-
cause some temporary majority
might consider the objective be-
neVolent would be to put an end to
constitutional practice altogether
and make temporary maiorities su-
nerior in power to the. Constitution
itself.
DistiIlers' Rights Abridged.
The distillers have a legitimate
right to engage in business. They
have a right to insist that, if they
are not to be allowed to use grain,
other users Of grain be similarly
restricted. To select the distillers
because they are an industry vulner-
able in the eyes of many people
Is to adopt a form of lynch law,
wherein the end Justifes the means.
The diStillers have drawn up a !
voluntary program of their own re-
stricting their former use of from
100000 to 100000 bushels of
grain a month. They offer to use
only 3,500000 bushels The Agri-
culture Department wants to cut 1t
a million bushels more. The dis
tillers today have the leverage!
they can doubtless go to court and
hold up the whole program because
they have the Constitution on their
side. Surely some compromise fig
IRE ought to be developed which
would not make necessary a legal
test of the powers of Congress.
The present statutory restriction
ends on January 81, but the distill-
erS face losses for the curtailment
of this months operations and
many workers face unemployment.
Congress acted hastily in confining
the ALLEGATION power solely to the
distillers, and possibly it realized
that if it made wider application
there would be political opposition
1t would appear that, Congress is
caught in a dilemma from which
only the Agriculture Department |
can extricate it now by making an
agreement satisfactory to the dist
tillers. Otherwise, the whole con-
servation program may be lost /
insofar as it affects grain used by
diStillers.
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