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Show 00 Courts May Not I Say What Are Intoxicating Liquors WASHINGTON. June 30 Contending Contend-ing that no court may say, as a mat ter of law, what percentage of alcohol makes it intoxicating, the judiciary committee, in a report todr.y to the house on prohihition enforcement legislation, leg-islation, declared this was a question o' fact and not law and as such was clearly wi'hin the province of congress con-gress The committee held that the right of congress to define "Intoxicating liquor" as a be erage containing mor.1 man one-half of one per cent alcohol v as in full accord with its eons'itti-tional eons'itti-tional powers and that every state, in l-;Ulng with alcoholic liquors, nad named products of that percentage ar. Intoxicating and had prohibited uso of j BUCh liquors or subject. -d them to heavy .tax. To define what is intoxicating does not trespass on the province of the court," said the majority report pre pared by Chairman Volstead. "No court can say, as a matter of law, what percentage of alcohol in liquor makes li intoxicating, nor what toxic effect is intoxicating These ure questionwl of fact and not law, and. as such, are clearly within the province of congress con-gress An equal quantity of the BSmel liquor may make one person dead diuuk and out i.lightly affect another. "As some contend, there may be persons who have become so tolerant E1 alcohol that they cannot get drunk I :n beer containing two and three-quarters per cent ol aicohol by welgbL' .which, by the way, contains only one-hall one-hall of one per cent of alcohol less than the ordinary' beer But we tire not legislating for a special class This amendment was intended to apply gen erally and to prevent the sale of .in liquor that will make anybody drunk It is not only intoxication that Ulia amendment seeks to prohibit, hut the useless waste as well of the uncounted uncount-ed millions In money that should go to provide luxuries, comforts and ci venlences in the home." The general enforcement bill as re- j ported out by the committee last fn . day was divided into three parL-, each separate and distinct, with the war time section as part one. The repuit t i 01 the committee on the bill as mede 'Kfi today explained that the war-time act V itself provided no machinery for its enforcement, merely prescribing a pen alfy for the manufacture and sale of i3 intoxicating beverages It was broughi out that Attorney General Palmer said I when war prohibition went into effect 1 ' some legislation lor its enforcement , would seem to be necessary." The I secretary of the treasury also recon. 1 mended additional legislation and in , 1 ; this connection the report said a law , prohibiting traffic in intoxicaMn; ; lquors that could not be enforced was "worse than no law." The report said so far as the com . , mlttee was advised there was no lea son for the assertions, often heard that war piohibltlon would be terniin ated in the near future "It would seem,' the report adi! & "that there is a fair chance war pmhi bltlon may last until co-nstituticna' , prohibition takes effect in January 0) next year, which Is only a little morf j than six months off." |
