1919. CONGRESSIONAL RECORD-HOUSE.
PETITIONS, ETC. By Mr. TILSON: Petition of Framat Lodge, No. 51, Inter Under clause 1 of Rule XXII, petitions and papers were laid national Order of Good Templars, of Ansonia, Conn., favoring on the Clerk's desk and referred as follows:· enforcement of eighteenth amendment and defining definitely By the SPEAKER (by request): Petition of Arthur T. Clark "intoxicating liquors"; to the Committee on the Judiciary. and others, all residents of Springfield, Mass., requesti,pg there Also, petition of Christian Endeavor Society of the First Con peal of the taxes on candy, ice cream, and soda-fountain foods gregational Church of .Bradford, Conn., against repeal of war and drinks; to the Committee on Ways and Means. time prohibition; to the Committee on the Judiciary. Also (by request), petition of thirt,y:-nlnth annual convention By Mr. TINKHAM: Petition of employees of .Joseph Breck & of the American Federation. of Labor, opposing mob ru1e and Sons, protesting against the repeal of the so-called daylight lynchings ; to the Committee on Labor. saving law; to the Committee on Agriculture. Also (by request), petition of Chicago Federation of Labor, urging immediate investigation by Congress of the recent shoot4 ing of men, women, and children by the armed guards of the HOUSE OF REPRESENTATIVES. Corn Products Refining Co. at Argo, Ill.; to the Committee on the Judiciary. FRIDAY, July 11, 1919. By 1\fr. CANNON: Petition of sundry citizens of Manteno, Ill., The House met at 12 o'clock noon. praying for repeal of tax on candy, ice cream, and soda-fountain . The Chaplain, Rev. Henry N. Couden, D. D., offered the fol foods and drinks; to the Committee on Ways and Means. lowing prayer : By Mr. COLE: Petition of sundry citizens of Dalton, Wis., Our Father in heaven, eternal source of every blessing, we requesting that Victor L. Berger be given his seat in Congress; wait upon Thee at this the beginning of a new congressional to the Committee on Elections No.1. day for that uplift of the spirit which shall enable us to possess Also, petition of Socialist Party of Sheboygan County, Wis., our souls in patience amid its trials and conflicts and fulfill our recommending the seating in Congress of Victor L. Berger; to highest duty in the interest of a great Nation, and so fulfill the tile Committee on Elections No. 1. law and the prophets. In the spirit of the· Master. Amen. Also, petition of Central Labor Union of 'rwo Rivers, Wis., The Journal of the proceedings of yesterday was read and ap requesting that Victor L. Berger be given his seat in Congress; proved. to the Committee on Elections No.1. By l\Ir. CULLEN: Petition of Grand Lodge of the Brother LEAVE TO .ADDRESS TilE HOUSE. hood of Railroad Trainmen, favoting adoption. of the league of Mr. DALLINGER. Mr. Speaker, I ask unanimous consent to nations and pledging support of the President; to the Committee proceed for 10 minutes. on Foreign Affairs. The SPEAKER.· The gentleman from Massachusetts asks By l\fr. ESCH: Petition of thirty-ninth anriual convention of unanimous consent to address the House for 10 minutes. Is the American Federation of Labor, opposing mob rule and lynch there objection? ings; to the Committee on Labor. Mr. VOLSTEAD. Mr. Speaker, I object. Also, petition of Grand Lodge of the Brotherhood of Railroad ABSENCE OF A QUORUM. 'l'rainmen, favoring adoption of league of nations and pledging Mr. IGOE. Mr. Speaker, I make the point of order that there support to the President; to the Committee on Foreign Affairs. is no quorum present. By Mr. FITZGERALD: Petition of Verner A. Johnson and The SPEAKER. The gentleman from Missouri makes the others, all of Massachusetts, protesting the repeal of the -so point of order that t11ere is no quorum present. Obviously there called daylight-saving law; to the Committee on Agriculture. is not. By 1\fr. FULLER of Illinois: Petition of Prof. .H. B. lJ'isher, Mr. VOLSTEAD. Mr. Speaker, I move a call of the House. superintendent of city schools, Streator, Ill., favoring the Smith · The motion was agreed to. . Towner educational bill; to the Committee on Education. The SPEAKER. The Doorkeeper will close the doors, the By Mr. McARTHUR: Petition of the Willard Avenue Presby Sergeant at Arms will notify the absentees, and the Clerk will terian Church, the· Rose City Park Methodist Church, the Second call the roll. German Baptist Church, the First Baptist Church, the First The Clerk called the roll, and the following Members failed to United Evangelical Church, all of Portland, Oreg., favoring the answer to their names. enforcement of the eighteenth amendment and war-time prohibi Anthony Freem2n Kiess Rodenberg tion; to the Committee on the Judiciary. Ashbrook Fuller, Mass. King Rose Bacharach Gallivan Lazaro Rouse By Mr. O'CONNELL: Petition· of the Grand Lodge of the Baer Garland Lever Rowan Brotherhood of Railroad Trainmen, favoring adoption of the Benson Garrett Lufkin Rucker Jeague of nations and pledging support to the President; to the Bland, Ind. Glynn Luhring Sabath Bland, Mo. Godwin, N. C. McAndrews Sanders, Ind. Committee on Foreign Affairs. Bowers Goodall McClintic Sanders, N.Y. Also, petition of the Thirty-ninth Annual Convention of the Briggs Gould McFadden Sanford Britten Greene, Mass. McLane Scully American Federation of Labor, opposing mob rule and lynch Brooks, Pa. Greene, Vt. · McLaughlin, Nebr.Sears ings; to the Committee on Labor. Browne Griest Mann Siegel By Mr. OSBORNE: Petition of Allen Brown, Lassman Her Burdick Griffin Martin Sisson Caraway Hamill Mason Slemp man, and 48 others, citizens of Los Angeles, Calif., against the Christopherson Hastings Minahan, N. J. Small taxes on candy, ice cream, and soda-fountain foods and drinks; Coady Hays Mooney Snyder to the Committee on 'Vays and Means. Costello Heflin Moo!"e, Ohio Stiness Curry, Calif. Hickey Mort Sullivan By 1\Ir. PELL: Petition of sundry citizens of New York City, Davis, Minn. Hicks Mudd Taylor, Colo. protesting against the tax on sodas, soft drinks, and ice cream; Dempsey Howard Neely Taylor, Tenn. to the Committee on Ways and Means. Denison Hudspeth Newton, Minn. Temple Dooling Hull, Tenn. Olney Tinkham Also, petition of sundry citizens of New York City, protest Drane Humphreys Peters Towner ing against the tax on sodas, soft drinks, and ice cream ; to the Dupre. Hutchinson Phelan Walsh Committee on \Vays and Means. Eagan Ireland Pou Ward Eagle Johnson, S.Dak. Purnell Webb By Mr. ROWAN: Petition of Sidney L. Gulick, favoring en Emerson ~ohnson, Wash. Rainey, H. T. Wilson, Pa. forcement of prohibition; to the Committee on the Judiciary. Fairfield Kahn Reavis Winslow Also, petition of Thirty-ninth Annual Convention of the Ferris Kelley, Mich. Reed, W. Va. Wise Flood Kendall Riordan Woodyard American Federation of Labor, opposing mob rule and lynch Frear Kennedy, R.I. Robsion. Ky. Zihlman ings; to the Committee on Labor. Also, petition of Grand Lodge of the Brotherhood of Railroad The SPEAKER. On this ca.n 305 Members have answered to Trainmen, favoring league of nations and pledging support to their names, a quorum. the President; to the Committee on Foreign Affairs. Mr. GOOD. Mr. Speaker, I move to dispense with further By 1\Ir. SMITH of illinois : Petition of citizens of the seven proceedings under the call. The motion was agreed to. teenth district of illinois in behalf of the repeal of tax on c~ndy, ice cream, etc.; to the Committee on Ways and Means. The doors were opened. By Mr. SIEGEL: Resolutions adopted by citizens of Sacra PROHIBITION OF INTOXICATING BEVERAGES. mento, Calif., protesting against Polish pogroms; to the Com- The SPEAKER. Under the order of the House, the House mittee on Foreign Affairs. · · automatically resolves itself into the Committee of the Whole By l\Ir. STRONG of Pennsylvania: Petition of residents of House on the state of the Union for the further consideration of Jefferson County, Pa., urging rep.eal of taxes on necessities; to the bill H. R. 6810, a bill to prohibit intoxicating beverages, and the Committee on Ways and Means. to regulate the manufacture, production, use, and sale of high- LVIII--153 2446 CONGRESSIONAL RECORD-HOUSE. JULY 11,
proof spirits for othel' than beverage purposes, and to insure an that the terms of this bill are drastic. They are in a sense ample supply of alcohol and promote its ru;e in scientific research drastic,. but when the bill was introduced and came to the Com and in the development of fuel, dye, and other Iawfu1 industries. mittee on the Judiciary its te:rms were much more drastic; .its r Accordingly the House resolved itself into· the Com:mltee of terms, if I ma:y use the phrase, were unreasonable, and after the the Whole House on the state of the Union for the :further con common eoynsel of the committee, in the communion of minds sideration of the bill H. R. 6810, with Mr. Goon in the chair. of the Committee on the Judiciary, which has given ca.reful The Clerk reported the title of the bilL attention to this bill, that which is now contained in the bill The CHAIRMAN. There are remaining eight hours of gen H. R. 6810 is presented for your consideration, and I wish the eral debate, 24(} minutes to be controlled by the gentleman from members of the committee would follow me in what I have to say l\1innesota [Mr. VoLsTEAD] and 253 minutes to be controlled bY. regarding the bill, because I take it ,that sometimes those who the gentleman from Missouri [Mr. IGOE]. are in favor of a measure of this kind will accept any terms and Mr. IGOE. Mr. Chairman, I yield three minutes to the gen those who oppose a measure of this kind are opposed to it in tleman from Pennsylvania [Mr. MooRE}. any form. Mr. MOORE of Pennsylvania. Mr. Chairman, I wish to put This is an erroneous position to take, for, as I have tried to into the RECORD the result of some inquiries made at the Internal make known before, my own position, and I think the position Revenue -office with regard to the financial effect of the prohibi of the members of this committee anu of the House and of the tory law. This is a matter of serious consequence to the tax Congress, is to write a code of enforcement that will carry into payers of the country, and is having the attention of the Com effect honestly, well. and fairly the legislative intent and the mittee on Ways and Means with respect to revenue pr()duction. public mandate. Therefore I say when the bill was first intro I find that for the 10 months up to and including April of the duced in the House it came with the inclusion of titles of war last fiscal year we collected from wines, distilled spirits, and prohibition and of constitutional prohibition. It came not from other intoxicating beverages $408,274,000. The eStimated re the Committee on the Judiciary or anyone upon it, but it came ceipts for 1\Iay and June to complete the fiscal year brings the from two sources altogether outside of any congressional or total up to $533,000,000. In addition to that sum the Treasury legislative function. The bill coming to the committee in this gained heavily from income and excess profits taxes arising from form, it was taken up and then was considered the question as the liquor business. That was under the old laws. If prohibition to whether or not the war prohibition sections should be in· were not in effect, we would under the new revenue law receive eluded with the general bill or whether they should be sep for the six months from June 30 to December 30, 1919, approxi arate. mately $325,000,000. For the whole fiscal year, ending June 30 Mr. THOMAS. Mr. Chairman, will the gentleman yield? next, our receipts without prohibition would be $638,000,000~ In Mr. GARD. Yes; I yield to the gentleman, a member of the addition we would receive income tax and excess-profits taxes committee. sufficient to bring the grand . total up to $1,000,000,000. This Mr. THOMAS. I did not exactly understand the gentleman's revenue, which is fully three times as much as we can possibly statement. I am on the Judiciary Committee, and I have always receive from the tariff, is now gone. All the revenue officinls understood that Mr. VoLSTEAD had drawn and introduced this look forward to in lieu of this billion dollars is about $70,000,000 bill. If anybody else did so. who was it? which may be collected on nonbeverage alcohol~ This loos ot Mr. GARD. Tile statement has been made and unchallenged revenue presents a problem which may ultimately call for the that the bill was prepared in great part by those representing issue of additional bonds. the Anti-Saloon League, and my information is that they we1·e The soft drink and ice cream people, who are benefited by assisted by counsel for the Patent Medicine Association upon prohibition, are asking that their taxes be reduced. as are many matters ot interest to them. other tradesmen who sought the destruction of the liquor busi Mr~ THOMAS. Was there any such s~tement made before ness. What is now collected from them is insignificant when the Committee on the Judiciary as to that? compared with what the Government loses in prohibition. In Mr. GARD. The statement was made on the fioor of the addition to the billion dollar loss, the revenue officials are put House. to· increased expense, which must be drawn from taxes, to en Mr. THOMAS. I mean before the committee? "force the prohibitory laws. Mr. GARD. Oh, yes. It is fair, in view of the insistent demands for a reduction of Mr. THOMASr Who was it 'l taxes, that these pregnant facts with regard to the revenues Mr. GARD. It appears substantially in the hearings. Mr. should be made known. Chairman, I desire to state at this tim~ as I intend to discuss Mr. IGOE. Mr. Chairman, I yield 30 minutes to the gentle the bill, I will welcome any interruption at any time upon anY, man from Ohio [Mr. GARD]. question. 1\ir. GARD. Mr. Chairman and gentlemen of the committee, Mr. VOLSTEAD. Will the gentleman yield? it shall be my pnrpose during the time allotted me to speak to Mr. GARD. I will. . call attention to the provisions of the bill H. R. 6810, which I Mr. VOLSTEAD. I just wanted to suggest this to the gentle do not think have been discussed as yet with sufficient par man, that if he will take the bill n.s it was introduced by me ticularity. I have not been of those who deemed it the part of and compare it with the original drnft that was introduced at legislative wisdom to take from the State the police power it the other end of this Capitol he will find there is a very material has always held under . our constitutional form of government, difference between the two. because I believe that in the reservation of rights, both National 1\fr. GARD. ··That is wllat I say. nnd State, the police power and the enforcement of the police Mr. VOLSTEAD. It was redrawn practically to a great power belonged to the several States. But now we have come extent by myself. to the question of writing a. code for the enforcement of consti Mr. GARD. I am trying to get before the committee that this tutional prohibition. And I will consider, too, the question bill we are now considering in the Committee of the Whole, whether or not \Ve should pass and in what way we should pass coming from the Committee on the .Judiciary, is a less drastic upon the. question of an enforcement code for so-called war bill than those heretofore introduced and less drastic than: time prohibition, and upon these questions I take it that it is before its marked and frequent amendments in the Committee my duty as n. Representative in the Congress of the United on the Judiciary. States to do what I can to have enacted a code of proper enforce Mr. BARKLEY. Did the gentleman mean to intimate- a ment of the law, because no· matter what one's individual state moment ago-- of mind may have been regarding anything preceding this, we 1\!r. RAKER. Will the gentleman yield? are now face to face with the necessity for.enforcement statutes, Mr. GARD. I will yield to the gentleman from California or and my own position is-and I am sure the position of every the gentleman from Kentucky, either one. man in this House woUld be-that a code sh:ill be passed which Mr. BARKLEY. I yield to the gentleman from California. will carry into effect the legislative intent. And when I speak Mr. RAKER. Did I understand the gentleman to say the of the passage of a code I speak of one which will be for the patent-medicine men had their hands in this bill in the way of benefit of the sane, the honest, the law abiding, the loyal citizens its drawing? of the United States, not a code which will enable those who Mr. GARD. Well, I do not know what the gentleman means do not or will not assimilate American ideas to avoid the mani by the phrase '~hands in the bill," but there is no question but fest intent of the law, nor yet a code which bespeaks only the what the counsel for the patent-medicine men, in connection wishes of those who are intolerant of personal liberty. There with the counsel for the Anti-Saloon League, cooperated and fore I come to a discussion of the propositions in· this bill, and considered among themselves the terms of the bill and any it may be well for this committee to understand that there is amendment thereto before it was introduced, when it was before only one title in the threefold bill as it is now before the com the committee, and afterwards. mittee of this House which came from the Committee on the Mr. R,:A.KER. Then, is the bill, as it now appears before the Judiciary. It has been urged or it has been said in argument House, as the patent-medicine men wanted it? 1919. CONGRESSIONAL . RECORD-HOUSE. 2447
1\fr. GA11D. I do not know. I confess I do not speak for the Mr. HUMPHREYS. If the gentleman will permit a sugges~ patent-;. ·. ellicine men. I have no interest save the public good. tlon, will he pursue his argument without interruption for some Mr. · ~ AKF...R. I knew that. I was merely asking the ques time? tion-- Mr. GARD. I made the statement that I would yield, be l\1r. GARD. Does the gentleman from Kentucky desire infor cause I wanted to afford everybody every bit of information I mation. have about this bill and wanted to discuss the bill thoroughly. Mr. BARKLEY. The gentleman from California sought an The question of war-time prohibition, as we all h-now, came elucidation of the question that was in my mind, and his failure into being by the President's signing an agricultural a.ppropria~ prompts me not to pursue the matter any further. tion bill after the armistice was signed, which declared a cessa 1\Ir. GARD. Very well. I am pleased to advise all gentlemen tion of war between the United States and the Imperial Govern of anything I can, and I assure. them that which I have said ment of Germany. So that we start with the very unique propo~ regarding the make-up of this bill and suggestions which came sition that war-time prohibition was never authorized by com to the committee from time to time are true, and I attribute no pleted legislation until after the armistice was signed. Then wrongful or evil motive. to any gentleman whom I have men we follow up the question of war-time prohibition, which had tioned. for its admitted and its only end the conservation of food and of I merely speak of this as the genesis of the bill, so that we fuel and of clothing, for one purpose and one purpos~ only, and may understand what the original purport and intent was and that was the supremacy of the armies of the United States and that we may better now understand the bill. the armies of the Allies. As time went on, conditions changed Resuming, gentlemen of the committee, I take the position and have continuously been changing. Shortly after the armi that the questions of war-time prohibition and of constitutional stice was signed the President by proclamation announced that prohibition are so entirely different that there should have been there was no necessity for the maintenance of many of the war afforded here a separation into specific and definite bills of the utilities; that there was no necessity for the maintenance of food questions of war-time prohibition and of constitutional prohi regulations, and they were dispensed with. The President, as bition. There may be men here, and I am sure I know of men the Commander in Chief of our Army and our Navy, announced here, who have spoken to me, who are in favor of supporting later that there was no reason why nonintoxicating beverages an enforcement code for constitutional prohibition, but who at should not be made from cereals, which, of course, might be this time do not honestly believe that there is a necessity longer used for human and animal food. The President then had existing for the so-called war-time prohibition, and who would the courage to say, on the 20th of May last, in his message to welcome a chance to give expression to their own opinions re Congress: . garding whether it should be continued or whether it should at The demobilization of the military forces has progressed to such a this time be repealed. point that it seems to me entirely safe now to remove the ban upon the l\1r. VOLSTEAD. May I ask the gentleman if he made the manufact r 2448 CONGRESSIONAL-RECORD-HOUSE. JULY 11,- 1\Ir. GARD. Oh, I .am trying to discuss this bilL I am trYing Mr. GARD. Then I beg th~ gentleman's pardon. I so under-· to make an intelligent discussion of this enforcement bill. I stood the gentleman to say. I read the REcoRD. But, at any do not desire to refer to outside matters which have nothing to rate, we are not making a bill for .such people, because we can d.o with the case. not take into consideration the pervert or the man whose mental l\fr. l\iAcCRATE. Mr. Chairman, will e gentleman yield? And physical idiosyncrasies impel him to do these very extraordi~ l\Ir. GARD. Yes. nary things. We are writing a bill supposedly for reasonable l\Ir. l\lioCRATE. Can not the President of the United States, men in a free .country, and that is the kind of a code that I want as Commander in Chief of the forces, declare that the 1lemobiliZa. to be a party to the making of. tion is now completed? Now, comi:n,g to the question, th-erefore, of constitutional pro Mr. GARD. The President of the United States has' taken a hibition, I desire to ~all attention-- very honest position. He could suspend this by the declaratiqn Mr. KREIDER. Mr. Chairman. will the gentleman yield? thn.t the demobilization is complete. He has taken the stand The CHAIRMAN. Does the gentleman fr.om Ohio yield to th~ that by the present legislation he can n.ot honestly sa-y--and the gentleman from Pennsylvania? people of the country do not want him to say that which 1s dis 1\fr. KREIDER. Just on a matter of information. honest-that the demobilization is now complete. Mr. GARD. Yes; I yield. l\1r. LONGWORTH. l\1r. Chairman, will the gentleman yield? Mr. KREIDER. In your judgment as a lawyer, what would 1\Ir. GARD. Yes. happen if this law provided that the President should declare Mr. LONGWORTH. Did he not say, however, that he ex- that demobilization had been completed .on the 1st of September pected to be able. to make that declaration early in September? and should declare this whole proposition off? Is this law that l\1r. GARD. I do not know as to the time. we are now -consid-ering .of such a character that it would be in l\Ir. LONGWORTH. I think he said on the 20th of September. force and effeet-- M,. GARD. He has stated that at the earliest possible time. Mr. GARD. If the President, having legn1 rurthority, an when he ~onld honestly say so, he would declare that the de nounces that the demobilization is complete and the war -con mobilization had been completed, so as to rid the country of this cluded, this law, of course, is at an end. pretense of war-time prohibition. Mr. KREIDER. Another question. In the judgment of Now, I think the people of the country are not disposed to look the gentleman from Ohio, has the President now tb.~ power, with favor upon war measures in times of peace. I refer no in view of the fact that this legislation was enacted for the more to war-time prohibition than I do to war measures affecting exp-ress pu-rpose of saving food and food products and fuel, the property and the rights and liberties of the people, because I to declare that the emergency 1s passed nnd call o.fi the ban on am one of those whc believe that when the war is ended and light wines'? when the necessity for war measures has ·ceased those measures Mr. GARD. No; the President bas no such power. should be repealed, and America and Americans should proceed The CHAIRMAN. The time of the gentleman from Ohio has und:er proper laws on a peace basis. [Applause.] expired. However, when we come to the question of the enforcement of Mr. IGOE. Mr. Chairman, I yield five minutes more to the the so-called war-time prohibition bill, then I say to this -com gentleman. mittee tru;tt title 1 of this bill wa.s written in the early winter of The DHAIRMAN. The gentleman from Ohio is recognized for thi year by a subcommittee of the Committee on the Judiciary five minutes more. "' and is the only p.art of this bill which came Ol'iginally from the Mr. GARD. In answ-er to the gentleman :fro,m .Pennsylvania, Committee on the Judiciary. The industrial alcohol part, known I will say that while such pow-er does not exist in the Presideii.t as title .3, came from the Commis~ioner of Internal Revenue. at this time, in my <>.Pinion it should. Tit\e 2 came from the combined sources, of which I before ad In the five additional minutes granted to me I desire to call vised tbe House. So that if we do decide that war prohibition attention to certain matters. I do not know that I can go over is necessary at this time-which I most earnestly contend is not them as well as I should like to-- • tenable-still, if we do decide that it is necessary, sweeping aside 1\Ir. CANNON. Will the gentleman yield :for a moment? all that we know to be actual facts, sweeping aside the great and Mr. GARD. Yes; I yield to the gentleman. g1oriou fuct that the '\Yar is ended, and living only up to the Mr. CANNON. I think the House is much interested in hear hypocritical pretense that somehow, anyhow, we want to make ing the gentleman in ~xtenso, .and I ask unanimous consent that this prohibition continue until constitutional prohibition can his time be extended .30 minutes without regard to the time that come in, then we should write a code, and I say very franklY has been limited. that if we come to the writing of a code for war-time prohibition, The CHAIRl\IIAN (Mr. MADDEN). The gentleman from Illinois then that which has been prepared by this Committee on the asks unanimous consent that, independent of the time fixed in Judi-ciary in title 1 is, in my opinion, a fair and reasonable code the House for general debate, the gentleman from Ohio have 30 for the enforcement of war-time prohibition during the time it minutes additional time. Is there .objection 1 shall endure, with the exception of the provision relative to the Mr. VOLSTEAD. Mr. Chairman, 1 object. declaration of liquors in fact nonintoxicating to be intoxicating. Mr. GARD. I would like some little time to proceed. Will .And "Hpon that I make the point, as a member of this Com the gentleman from Dlinoi.s inquire of the gentleman from Min mittee on the Judiciary, that no matter what the pow~r may be nesota if he will yield to me, say, 10 minutes? in the Constitution of the United States by virtue of the ratifica Mr. VOLSTEAD. I can not, becanse I have not got the time. tion of the eighteenth amendment, there is no power in the Con 1\fr. G.ARD. Very well. gress of the United States under this rider upon an Agricultural Mr. HUMPHREYS. The gentleman from Missouri [Mr. IaoE] appropriation bill to declare something to be intoxicating whi<:JI has agreed to yield 10 minutes to me, and I will ask him to yield is not intoxicating. In other words, I dispute the po,wer of thiS that time to the gentleman from Ohio instead. [Applause.] Congress under a war power, which war powe.r assuredly is now Mr. IGOEJ. I yield to the gentleman from Ohio ~0 minutes ended, but conceding that it is continued under a war power, to in addition to the 5 minutes .ah·ea.dy yielded. write something into a law which the bill did not ~on templ-ate and The CHAIRMAN. Ten minutes in addition to the five minutes which no one had in mind. The reservation in the war-time accorded a few moments ago? p rohibition bill was for the prohibition of the manufacture and Mr. IGOEJ. Yes. sale of intoxicating liquors, and it permitted their ~ort. Mr. GARD. .. I thank the gentleman from Mississippi [Mr. Different views may be entertained about the constitutional HUMPHREYS]. • provision, but no matter how we view the question of the right Mr. BANKHEAD. Will the gentleman yield? or power of the Congress to extend constitutional prohibiti-.on, Mr. GARD. Yes. While I desire to be entirely com·teous, there can be no proper contention that in this limited power and I appreciate the .extension -of time which has been given me. which we ourselves wrote we can now, when there is no war, I would like to go over the paragraphs of the bill for the infor~ .extend the war-time prohibition to a liquor absolutely non:. mation of the -committee. intoxicating and declare it to be intoxicating. We might say, Mr. DYER. I appeal to tlte .committee that the gentleman instead of one-half of 1 per cent, one-twentieth of 1 per cent, from Ohio may be allow~d to proceed to discuss the bill without or any of the most impossible of figures, and I am not juggling interruption. in percentages-to adopt language heretofore used in debate. Mr. GARD. I wap.t to yield to the gentleman from Alabama \Ve are "-THing this bill reasonably. The chairman .of the com [Mr. BANKHEAD] first. mittee said that he knew a man who drank kerosene, and that Mr. BANKHE.AD. I was very much interested in the answer he knew a man who drank a hundred glasses of beer a day, <>r that the gentleman from Ohio gave to the question propounded something of that kind. by th-e gentleman from Pennsylvania [Mr. KREIDER]. Is the gen Mr. VOLSTEAD. Mr. Chairman, will the gentleman yield? tleman .frQm Ohio, clearly of the opinion that in the .event that .M.r: GARD. Certainly. the President of the United States should declare demobilization, Mr. VOLSTEAD. I made no such statement. as a matter of fact, concluded, that would then, eo instant!, 1919. CONGRESSIONAL RECORD-HOUSE. 2449 nullify all of the provisions of the war-time prohibition enforce Mr. THOMAS. 1l Wf.lS going to ask for an extension of the ment part of this bill? gentl~man•s time. :Mr. GARD. I think so, when the two things are complete, Mr. G.ARD. Under- the· rule of this committee I have no right, the conclusion of the war and the demobilization of the- troops, to it. So the chairman. of tlie committee is now engaged in the these to be evidenced by presidential proclamation. proposition to enlarge the scope. or liberalize this provision,, re-o Yr. TH01\1AS. Mr. Chairman, a parliamentary inquiry.. lating to :fiavc:>-ring extracts. I speak of this because it is one o:f The CHAffiMAN. The gentleman can not take the gentleman the things that should be amended. from Ohio off his feet with a parliamentary inquiry. Now, returning to section 3, where I speak of the language on Mr. THOl\1AS. I am not trying to take him off his feet. page 9 relative to the manufacture, sale, barter, giving away, : The CHAffi:MAN. Does the gentleman from Ohio yield to the transpolrt:ing, and so forth, furnishing, receiving, possession of gentleman from Kentucky for a parliamentary inquiry? intoxicating liquor except as authorized in this act, and I tell 1\fr. GAUD. I desire to be courteous to my committee coL. the committee that when we considered this section we had the league in the matter, but I rlo not yield. word "use" after thB word "possess." The word "use •• has~ Mr. THOl\!AS. I wanted to have the gentleman's time ex been stricken out, and the word " possess," should be stricken out. tended 10 minutes. The words "give away" should be stricken out. The words Mr. GARD. In the diseussion of constitutional prohibition '-'furnish " and " receive," in my opinion, should be stricken out· provisions I sta rt with this premise, that by an amendment to · unless this committee and this House intend to write a: bill so the Constitution submitted by Congress and ratified by the legis draBtic as to make- it appear in the eyes of the people of the latures of the States we have been given the power to pass an err United States that there is nothing in it except a bill of absolute forcement code, and not alone the poweF but the duty. We prohibition. I d<>· not care- how m1.1ch it ma:y be safeguarded, should obserYe that. The enforcement: code, as gi~en to llS I do not want any sale under the guise of '~giving away,"· but by our own act and ratified by the States, calls, in my opinion, these words have never been enacted by the Federal Congress for that which it expressly says, and that is for the passage- of anywhere in n. measu:re of this kind. We are going far afield laws to carry into effect the- language of the amendment, that when we invade the privilege or the liberty of the- habits or the being to prohibit "the manufaeture, sale, transportation, im h<>spitality of a man's heme, and I do not think that Congress portati-on, and exportation of intoxicating liquors.u Now, in wants to, go that far. this law we- go further than that. We make two classes. We At the conclusion of section 3 there is a pEov:i:sion for wine have alcohol, brandy, whisky, rum, gin, beer, ale, porter, and for sacrameRtal purposes, that it may be purchased, sold. trans wine. Those are assembled in one class. Those are prohibited ported" and used as herein provided. But in the " heFein pl1'o absolutely in themselves. Then there is another class- , vided ,. there is absolutely n()thi.ng as to the use of sacramental And in addition the-reto any spirituous, vin<>us, malt, Ol!' ferm{ln.ted wines. You-can buy them on a permit,, but you can not use them liqoor, liquids, and compounds, whether medicated, proprietary, pat so far as this bill is concerMd for sa:eramental! purposes. ented, or not, and by whatever name call-ed, containing one-half of 1 4 in "f per cent or more of alcohol by volume which are potable or capable- of Referring to section agaia paragraph " ·about vinegar, being used as a beverage. I will state that originally it said " vinegar manufactured from Now, this percentage o.f alcohol is not contemplated in the cider." We know that 95 per cent of the vinegar, the common prohibition amendment either as passed by this Congl"ess or as table product, is rec9gnized as hav1ng been made from alco-hol ratified by the States. It can only be defended as PTGPer in a and nobody has any ob-jection to that exeept one man who ap: legal sense by the statement that the police power of the States peared as a witness, who said he thought that some dangerons1y does permit such a. thing to be done; and it was d<>ne in insidi-ous drink might be made from vinegar. Oregon, OhiO; and elsewhere, where certain legislatures have 'l'hese things I offer to show the general trend of those wha gone to great extremes, and the Suprem& Court has upheld their advocate the extreme in radicalism regarding this bill and ac-tion upon the idea that the police power of the States per- similar bills. mitted it to be done. . There is no provision about the exemptien ot eider and the Mr. VOLSTEAD. Will the gentleman yield? innocuous or harmless drinks that may be manufactured at home, Mr. GARD. I decline to yield. I am sorry I ean not. The which everybody knows under this bill are absolutely prohibited power of State legislatures to do this has been upheld by the if it can be. found by a Government chemist that they contain Supreme Court, upon the idea that the police po.wer of the one-half of 1 per cent of aleoho1 by volume. Beverages abso- States permitted it to be d-one, but the United States as a Fed 1u1!ely disassociated,, impossible· to assoeiate witth intoxicating eral Government has no poliee power, ana it can only be asserted liquors, dl".i:nks which the honest people d@ not want to dispense that that which may go along as a reasonable carrying out of with are by this act made an absolute erime. So. that one who the idea of the prohibition amendment may 'be included and manufactures a harmless~ innoeuous, home-made drink out ~f put into words. eider or grape juice o~ elderberries or dandeliDns, or- anything · To use another illustration, certain States have held, and tbe like that, is haled before the law as a violator of the eighteenth Supreme Court of the United Staes has upheld it-1 m~e whisk-y constitutional amendment. Such a thing~ gentlemen,. was never as an illustration only-that for the purpose of stopping the sale in either the legislative or the public mind. [Applause.} of whisky anything which the legislative body may say resembles I refer now-and I must go over them rapidly.-to section 9 as whisky, looks like whisky, or is near whisky, may be included in it appears on page 15, which provides that if a physician is guilty the prohibition. I myself do not believe that this power exists of so~e technical violation of the law in a matter of issuing a under this constitutional amendment, and I say that this alco perllllt he can be compelled to appear before a commissioner or holic content ·is such as to include liquids not in contemplation his agent-and you take him not where the offense was com of prohibition at the time of the passage of the act or its ratifica mitted, b-ut you run him all ove.r the country and have a hearing tion,. and that title 3 of this bill absolutely destroys many ind11S at some place within 50 miles. tries, many manufacturing concerns which are essential for the I concede that section 20 has a good purpose, but it is not car public good. I refer to paragraphs " e " and '"f " on page 10 of ried out properly. It provides that it shall be unlawful for any the bill in section 4, concerning which I make the statement that person to drink liquor on a train or automobile or both. The flavoring extracts which are used in the daily household econ intention is to prohibit public drinking, and that is_ all right; omy-! say if this is continued the flavoring extract people but it goes so far as to prohibit anybody who. may be ill on a throughout the United States will have to close their doors. boat or a car and who may have Uqngr prescribed by a physician. The chairman of the committee said there was an Indian in If he does drihk it, even under such conditions, he is amenable Minnesota who got a nauseated stomach from drinking lemon to the law. and is subject to the pains and penalties of the law. extract. We can not make the bill applying to all people of the I think it should be amended in that particular. In bringing United States, because of some pervert-- these things out I wa:nt to assure the committee that I am not Mr. VOLSTEAD. Will the g~ntleman yield? technical. I want to call attention to those things that are in lUr. GARD. I decline to yield" If the gentleman will give me the bill so that we, this committee, not somebody on the outside, 10 minutes, I will yield the 10 minutes to him for questions, and but this House of Representative may write a sane and proper will undertake to give satisfactory answer to all and reasonable enforcement bill and see that it is enforced. Mr. VOLSTEAD. You are mistaken. Section 25 of the bill provides a punishment for contempt, for Mr. CAMP:SELL of Kansas. Mr. Chairman, I call the atten· the violation of an injunction as provided in the terms of the tion of the Ohair that both gentleman are violating the rules of law. It prov-ides a fine of not Il.lOre than $1,000. and that the ac the House by referring to each other in the second person. cused may be imprisoned for-- not less than 30 days nor mor~ 1\fr. GARD. I am not, because I declined. to yield. than one year-. This notwithstanding the faet that we passed a Mr. THOMAS. Mr. Chairman-- law in 1913 which was heralded through the world that the provi Mr. GARD. I want to be more than courteous to the gentle- sions of the contempt section should be liberalized and that no man, but :F really can not yield any further. . arbitrary court should have the- right t0 declare a man guilty :2450 CQNGRESSION AL RECORD-HOUSE. JULY 11, _l of contempt and give him the right of trial by jury. Neverthe- Mr. IGOE. Mr. Chairman, I yield 15 minutes to the gentle- r less it is proposed to enact in this law a provision of the kind man from Pennsylvania [Mr. DEwALT]. ref~rred to where the general statutes passed in the SiXty-third Mr. DEWALT. Mr. Chairman, I have no doubt that ihe ~ Congress, section 2, at page 739, provide that the accuser may members of this committee, after having listened to the very 1 demand a jury trial under the provisions of the antitrust law. lucid explanation by the gentleman from Ohio (Mr. GAno], are Under the provisions of that act, for the benefit of those who may convinced that this is a highly penal statute. All penal statutes ·be unjustly accused, a trial by jury existc;, but in this section of have in contemplation three things-first, the punishment of the f this proposed law it does not. . . . . individual who violates them; second, the deterring of others ; In section 24, page 24, the language of the bill IS msllffi.Cient who perhaps might violate them from such violation; and, third, . carry out its. intent, the wor.ds "such fact" to be added after reformation by punishment of those who have actually violated e word "trial," in line 1, on page 24, being necessary to prop- them. Having those three things in mind as being the objects Iy complete such meaning. of penal statutes, the next thing for consideration is this: What ~This bill as originally introduced had a very drastic and com- shall be the method of the enforcement of a penal statute? prehensive provision as to search warrants, allowing. them to l:!e There are three methods of enforcement. One method of en procured upon the affida~its of "two cred~ble pers?ns before forcement may ·be so loose that it is entirely inadequate and any magistrate," but it has been very sensibly mod1fi~d so as does not meet the purposes for which it was intended, und, to carry out in this law the provisions provided in Title II of therefore, the statute becomes nugatory. The second method . public law No. 24, Sixty-fifth Congress, approved June 15, 1917. may be one that is so drastic that everyone in the community f· Some additional language may be necessary to clarify the is up in arms against its provisions, and it becomes so unpopular 1 meaning of section 26, which provides that no search warrant that it is not capable of enforcement by reason of its drastic I· shall issue to search any private dwelling occupied as such unless provisions. The third method is by what one would cal1 a rea , it is in part used for some business purpose, such as a store, sonable enforcement, there being such provisions in the statute shop, saloon, restaurant, hotel, or boarding house, so that the that the common sense of the people and the justice of the workingman or shopkeeper who is forced by circumstances to people recognize that it is a fair, legitimate, and reasonable ' live in rooms which may be construed to be a part of a store method by which to obtain the desired results. Therefore in ~ or shop may not be subjected to unlawful search warrants. the approach of this question we should ask ourselves: ATe we In section 31, on page 28, there appears the remarkable pro- now preparing to enact a law which is a reasonable enforce- lvision that after one may be convicted of the violation of any ment of the provisions of the Constitution? of the provisions of this act, in addition to the penalty imposed I am willing to take up the argument of some of the gentle- ' after such conviction, the court may require the defendant to men who have proposed it from the Republican side of the ai le, •execute a bond, with security approved by the court, in a sum and particularly the gentleman who is at the bead of the Com not less than $500 nor more than $5,000, conditioned that he will mittee on the Judiciary, the gentleman from l\linnesota [Mr. not violate any of the provisions of this act ~or th~ term of one VoLsTEAD]. I do not wish to misquote him at al1, and therefore ' year. I take the words from his report. He says: If the person convicted and serving a penalty under the con- The right to define the power conferred upon it by the Constitution viction finds it financially impossible to give such bond he is has been exercised by Congress ever since we had a Government. Every then committed to jail and confined for a period not longer than act that it passes is, in effect, an assertion that the Constitution con- six months. fers power to pass it and is a construction of its terms. This is certainly imprisoning a man for six months because The other day, whilst the gentleman was proceeding before he is unable to give a bond in addition to the fine or fine and this committee, I asked him explicitly whether he deemed this impi:isonment prescribed by this act. provision in the enforcement, to wit, the stipulation that the Section 32, on page 29, undertakes to compel a man to testify alcoholic content should not be greater than one-half_ of 1 per or produce books and papers of his own, even though they may cent, a construction of the Constitution, and he said he thought tend to incriminate him, but provides that no natural person that it was. I grant·you that he may be correct in his premise, shall be prosecuted or subjected to any penalty or forfeiture for but to what conclusion do we come? or on account of any transaction, matter, or thing to which he Mr. VOLSTEAD. Mr. Chairman, may I ask the gentleman a may so testify or produce evidence. question 1 Section 34, on page 29, undertakes to authorize legal pleading Mr. DEWALT. If the gentleman will pardon me, I haYe to include separate offenses and separate acts in affidavit, infor- .only 15 minutes, and I desire to pursue the argument. mation, or indictment and the trial of a defendant on all at one 'l'he CHAIRMAN. The gentleman declines to yield. trial and the penalty for all offenses be imposed. It attempts Mr. DEWALT. To what conclusion must we inevitably come, to provide that it is not necessary to advise the defendant in the if the g.entlcman is correct in his premi e? If the Legislature, affidavit, information, or indictment of the name of the pur- being the Congress of the United State , has the right at this chaser or to include any defensive negative averments, "but it moment, by this enforcement provision in this bill, to say that • shall be sufficient to state that the act complained of was then one-half of 1 per cent shall be the alcoholic constituent in intoxi- and there prohibited and unlawful." eating drinks, then it has the same right 15 minutes from this In section 35, on page 30, it is provided that- time to declare than 1 per cent shall be the constituent; and if Ten days after the date when this act becomes operative the posses- it has the right to say that, it has the right to say that it hall sion of liquors by any person not legally permitted under this title to be 5 per cent, and the next Congress has the right to say that possess liquor shall be prima facie evidence that such liquor is kept for it shall be 10 per cent, and iu every succeeding Congress the purpose of bei.ng sold, bartered, given away, furnished, or otherwise you have a different construction of the Constitution of the disposed of, in violation of the provisions of this title. Every person legally permitted under this title to have liquor shall report to the United States. In other words, you come to another con commissioner within 10 oays after the passage of this act the kind and elusion, that you have this liquor question presented at every amount of intoxicating liquors in his possession. term of Congress by a different congressional body, and you The section provides: will never get rid of it as long as the theory of the gentleman But it shall not be unlawful to possess liquors in one's private dwell- obtains. tng while the same is occupied and used by him only as a dwelling, and L t d •th thi 'd f t f th b such liquor need not be reported : Provided, That the burden of proof e us procee WI s l ea o concurrence as se or ':J shall be upon the possessor that the liquor was lawfully acquired and pos- Mr. Wheeler. 1\fr. vVheeler, before the committee, saicl that sessed. ''concurrent power" means equal power. I shall take him at It would seem that the proviso in line 18 of section 35 would h!s word. I do not believe it, but I shall take him at his word. make it incumbent upon the possessor of liquors in one's private Then, what must inevitably follow? If the Congress of the dwelling to prove that the liquor was lawfully acquired and United States and the legislatures of the several States have possessed. concurrent power to pass appropriate laws to enforce this pro- Section 37, page 32, formerly contained provisions authorizing vision-and that is the language of the constitutional amend the compromise of any civil or criminal causes, but has been ment-then it follows inevitably that if they have an equal most sensibly modified so as to provide only for ·the compromise power they have both the. right to pass similar laws. That is ~ of civL. causes, with the approval of the Secretary of the Treas- clearly so. If they have equal rights, they have also tlle right ury or the Attorney General. to pass dissimilar laws, because equality giyes both of them There may be some other sections of this bill to which I will the same power and precisely the same function~ Therefore it call attention in the debate under the five-minute ru1e, but I follows inevitably as a matter of pure reasoning that if the can not longer continue now, since I am advised that my time Congress says in this enforcement provision that the constituent has expired. I amount of alcohol shall be one-half of 1 per cent, and the I.-egis- I am very grateful to the members of the committee for having llature of Pennsylvania says it shall be 1 per cent, they are both heard me thus at length. [Applause.] within their rights. Then what have you? Then you have a By unanimous consent, Mr. GARD was granted leave to extend I Federal statute declaring it shall be one-half of 1 per cent and his remarks in the RECORD. a State statute declaring it shall be 1 per cent. How do you 1"9::19. 24151"" punish? The gentlemen on 'the other side ·say ·_ that we•punish that any •lawyer as eminent as the one holding the chairman by the =Federal authority, 'that it then becomes supreme; but ship of ·the :Judiciary Committee·of the ·Rouseshould seriously that w111 ·not bold, and why? Because if·one be supreme, then attempt the passage of· any such measure. they Can notibe equal. ENOllMOUS EXPENSE E~TAIJ'..ED. 1 ·Where there is supremacy there can not be equ:ility. There- Section 2 of the proposed act authorizes the Commissioner of fore these gentlemen are 'reduced to what you would call the Internal Revenue to appoint any assistants or agents ·that he reduCtio ad absurdum. Their argument leads them into the may deem necessary, and that he, or any of hi~ assistants or pitfall of -absurdity inStead of that which is tenable under the agents, can perform any of the acts enumerated in the bilL law nnd ·under the propositions whieh they themselves make. Considering the vast territory of the United States and 'the Then what niust follow? Then 'there must follow, inevitably, nur.nbet· of people resitlent the·rein, it is needless·to say that this that ~ou must' take·the ·\vord "concurrent" as1meaning what'it would at once ·create an army of .commissioners and agents, usually does mean. ·Now, what tioes it'mean? whose pay roll would exceed 'anything now. contemplated in 'JUr. YATES. Will the gentleman give the book and page! any of the dep~-rtments of th'e ·Government. These agents are ~fr. DEWALT. 'I will, ·sir. •It 'is r-eported in 38 'N. 'W., 529; authorized to prosecute any case and ·make complaints of·viola in •62 Wisconsin, and also In ·re '1\Iattson (United States), 69 tions Of the 'law before any magistrate or justice Of the peaee, Fel:l., page .535, nnd so forth. thus harassing all people, and JUultiplying fees for themselves The words "concurrent _jurisdiction" must have been us~ -in the in such prosecutions. compact Mtween the Fed·eral Government, Wisconsin, and Mmnes'Ota., Section 3 of the act prohibits not only the manufacturing, in the sense in wbi&h they had"previously been used :md ·were .generally Seill'ng nnd bartering of any intoxicating linuor, but also pro- understood. When, therefore, by such compact, it was in effect ·pro- 1 ~ ~J. vided that each State shall have "concurrent jurisdiction" .on that hibits the giving of the same, the words used being" give away" pottion of the River -st. Croix constituting the 1 bOun'dary Une ·between any intoxicating liquor. In other wordS,· as the act also says that them, it ful!Iuded the exerCise of such tegislatrve powers b'y each :St;ate 1 d 11 ld"b ·hi d over the whole l'in!r as were consistent with ·the exercise of 1>Im1lar it would be litera ly construe , a men wou e pro bite in powers , over the same portion . ol. the river · by the other States. In giving away a glass of wine to any of his guests at his own table. other words ' by su ch compact each State secured to itself' such ·concurrent ·Section 4 describes medical preparations that .may be manu jurisdiction'upon the half of the river within the territorial ~imits of ~he factur·ea as nonpotable-that is, · incapable of beine: drank-and other State by reducing what otherwise would have ~ee? ~ts e:x:clus1ve ~ jurisdiction. upon its own halt to mere concurrent JUrlSdlction . . The patented and proprietary medicines must also -be nonpotable; result is that neithe-r of these States could, 'as against the other, -rig!J,t- antiseptics and toilet articles must -be nonpotable; in othe1· fully assume, or authorize the .assumption .of, permanent -and exclusive d . b.l f b . .r~ ... nk 'In th t· f th occupancy, possession, and control of tne entire navigable -portion of the wor s, mcapa e 0 e1ng ULU. ~. e same sec lOll o e river. (J. S. Keator Lumber Co. v. St. Cro.ix Boom Corp., 38 N. W., act,. any person Who manufactm·es any of the articles mentioned :529. 542; 72 'Wis., 62; 7 Am., ~t.' Rep., -837.) in ·that section, namely, medical ,preparations or preprietary '--The definition of "concurrent jurisdiction" ·given in Keaton L. •Co. "'· medieines or toilet a1·ticles, must first secure a permit to.manu Boom Col'p.,··supra, quOted and approv~,-'3Jld · it was held t~?at, ~s · used ln relation to ·tlte concurrent jurisdiction over the Columbia R1v~r 'l?Y facture the-articles and to purchase the alcoholic liquor:needed, the States or·Wushington ·and Oregon, it·means "acting in conjunction," and he -must give bond, keep records, -and make reports as and when applied to the jurisdiction-<>f·Oregon to enaet penal laws for directed by the commissioner. The amount of pond seems·to:be the 'columbia Ri-ver, it can only mean the power to enact such cr:iminal statutes all are agreed to or ::rcquiesced in by the Stat~ of .Washmgt()n, at .the ,pleasure of the commissioner, 'thus making it actually ()r.as ar(} alre-ady in force·witliin its juriSdietion. {In 1·e Mattson· (U.S.), prohibitive if the commissioner deSires so ,to ,enforce the.{!.Ct. 69 Fed., 53~540.) cOMJUTSSIONER -AJ.~ ··-AuTE>CRAT. Therefore if the theory <>f the -:-gentleman from ·1\Iinnes-ot_a, .sections 5 ·and 6 empower 'tlre ·commissioner, wl1en he ·is in- the head of this distinguished committee, is not'tenable, to 'wit, formed or ''i has a reason to i beli~ve" '" thnt -ant.aleohol prepa:ra. that each -of the · States and -the Federal· Government cnn "con- tion, whether patented, "l_)'roprietaty, or not, .. is capablet of· being strue the COnstitution in its own way at·different times and in usetl-as a beverage, to demand an .an:a1ysis of the·sume, ::md 'if, different ways, and if the theory of Mr. Wheeler in regard-to at his discretion, he determines •that such can be used ..:us -a the equality of power between the States and the Federal ~overn- beverage, he can· deal with the satne as ::-an into:rtcating bever ment is also not tenable, · then we inevibilHy are fol'eed ·to t.he age. :·No limit is .placed at all as to the -alcoholic ingredients, conclusion that the only tenable theory to take ·rrere is·to take and then, to make matters woi.-se, •if the ma.nufadurer of "the the exact wortls of ttie constitutionaHprovision. And what :ate preparation fails to show "to the satisfaction ·of I the commis they? · si~ner '' I that the , prepa:t{l tion its rnot .:ca.p.able of tbeing r used ~-for That the-several States sh:all have CQn or more calls a day and have their office work to attend to, the common nuisance and be restrained by injunction, and it ls not folly of such a provision is quite apparent. No physician could necessary in such injunction proceeding to prove that there was attend to any detail work unless· he employed a clerical force an intention of violating the act. No bond is required of the for that partJ&ular purpose. complainant, as is usual in the application fo1· injunction pro Section 9 is so extraordinary that it provides that if anyone ceedings to protect the interests of the alleged offender, and makes complaint and files the same with the commissioner, it is further provided that upon proof of tlie material allega setting forth that any person who has a permit is not in tions of the petition, and upon judgment of the court,· the court good faith conforming with the provisions of this act, or is can order the premises closed for one year or until the owner guilty of violating the laws of any State relating to the sale of of the premises gives ·bond in the sum of not less than $500 or intoxicating liquor, the commissioner or his agent will immedi more than $1,000, under condition that no intoxicating liquor ntely issue an order citing such person to appear before him on will be kept upon the premises by anyone, and that he will a day not more than 30 days or less than 15 days from the pay the costs and damages that may be assessed. serving of the citation, and then a hearing shall take place Section 27 is a remuneration provision, remunerative to the within 50 miles of the place where it is charged the offense took offices created by the provisions of the a_ct, because it states that place. In other words, the venue of the alleged offense is any the officer shall be entitled to charge and receive the same fees where within 50 miles, and the complaint made by anyone as the sheriff of the county for levying upon and selling property simply requires an oath that the party is not acting in good on execution, and keep them closed during the period of a year ~~ . or more; a very delightful avenue for multiplication of fees and WILL NEED ARMY OF PAINTERS. further remuneration to the commissioner and his numberless Section 17 contemplates th-e employment by the commissioner corps of assistants. of artists and painters, who are authorized to remove or paint Section 2G provides that any person violating any of the terms over_, or, in other words, obliterate any advertisements from of the injunction as provided for in this act shall be punished any signs, billboads, or other places that have reference for contempt by a fine of not less than $500 nor 1nore than $1,000, to the sale of liquor. They shall be thus engaged upon and by imprisonment of not less than 30 days nor more than 12 the demand of any citizen· who has requested the person in months. charge or the owner of the property to remove the same. When SE.A.BCH AND SEIZURE PROViSION. we consider the fact that the painters are now receiving 80 cents Section 26 provides for the issuance of search warrants as an hour in some localities, and ·consider the number of bill provided by law. It provides further for the seizure of all boardS or advertising schemes that there are and the number of liquors arid the disposition of the same. The warrant is to be advertisements that are now in existence and that have been issued and sworn to by two credible persons. It is to be pre placed there a long time prior to the enactment of this proposed sumed from the general tenor of the act that the testimony of legislation, it seems quite easy to determine that the department these persons is entirely in the province of the commissioner or of.. the commissioner will have to employ all the painters in the one f his numerous assistants or deputies, an avenue open to neighborhood to obliterate the signs and advertisements now graft. It needs no further comment. - existing, upon the request of any party who makes the complaint. Section 34 does not-state· the ordinary punishment now pro Section 20 states that any proprietor of any hotel or house yided by all the. States ·for the violation of the liquor laws, but of public entertainment shall not permit any bell boy, elevator it further provides that for the second offense a person shall be boy, or other employee to procure any intoxicating liquors for imprisoned in the penitentiary not less than one year and not or give any· information by which intoxicating liquors can be more than five years, and this punishment applies to retail drug secured by any guest, patron, or other person. In other words, gists and pharmacists. No doubt this was intended for a great the proprietor of the hotel or the proprietor of public or private inducement for druggists or pharmacists to continue their occu entertainment is made responsible for the acts of bell boys or pation. elevator boys, whether those acts are with or without his l~ 'l'OXICANTS IN THE HOME. knowledge. He is made a party to the alleged crime merely Section 39 is so liberal in its provisions that it actually allows because he ha:ppens to have in his employ.a bell boy or elevator liquor in private dwellings while the same is occupied as a boy or any other employee who informs anybody where a drink private dwellii:l.g, with this proviso, that all such liquor must be can be obtained. placed in the private dwelling prior to the date when the act Section 21 forbids the advertisement by pictures of a brewery, went into effect, but the burden of showing that the liquor was distillery, bottle; keg, barrel, or box in any newspaper unless placed in the dwelling·prior to that date is upon the person ac such newspaper prints upon such advertisement the words cused of possessing the liquor. In other words, it is a charge " Printed as paid advertising." that a man has liquor in his house, which makes him a criminal TRAVELERS AT LAW'S .MERCY. who must prove his innocence. The usual and legal way Section 20 forbids anyone in a railroad coach or automobile of proceeding is to cast the burden of proof upon the Common or dining car, or on the platform of such car, to take a drink, wealth. whatever the extreme necessity for the same may be. A man These are some of the glaring and drastic provisions of this having' a glass of brandy, who is suddenly taken with cramps, so-called constitutional enforcement. Are fiee people willing to could not take this drink lawfully, and if he did take it the submit to them without violent protest? conductor or person in charge of the car or the train would Mr. VOLSTEAD. Mr. Chairman; I yield 1Q minutes to the have authority, without warrant, to arrest the person .and to turn gentleman from Maine [Mr. HERsEY]. such person over to the proper official. It may be that some Mr. HERSEY. Mr. Chairman, I ask unani.mous consent that statutes in the remote past, during the Spanish inquisition, pro I may be allowed to revise and extend my 1:emarks. vided for such powers, ·but they have never been heard of in .The CHAIRMAN. The gentleman from Maine asks unani· civilization in recent years. mous consent to revise and extend his remarks. Is there objec Sections 22 and 23 .provide. that any room, . house, building, tion? [After a pause.] The Chair hears none. boat, vehicle, structure, or place where intoxicating liquor is Mr. HERSEY. Mr. Chairman, I have only 10 minutes, and I sold, kept, bartered, or manufactured in violation of this act ask that I be not interrupted during tb,at time. · · should be declared a common nuisance, and any person who as The late .Joseph Cook said that the day would come in Amer sists in maintaining such a common nuisance is guilty of a mis ica when the two strongest passions of the human heart, the demeanor and fined not more than $1,000, and be imprisoned not love of country and the love· of home, would entwine themselves less than 30 days nor more than a year. It further provides about the neck of the liquor traffic and strangle it forever. That that if it should be proved that the owner of the building has, hour has come. [Applause.] without any knowledge, negligently suffered the same to be used The people of this Nation, after a fair trial of the liquor traffic or occupied for the manufacture or sale of intoxicating liquor by a jury of the American people, have convicted it of the contrary to the provisions of the act such premises should be most infamous crimes and "have said by that verdict that this subject to a lien for, and may be sold to pay all fines or costs great criminal of the ages must die. [Applause.] nssessed against the occupant of the building. In other words, Forty-five of the forty-eight States of the Union have con 1f the owner of a property, even without his knowledge, or with demned this criminal to certain. death, and we, the representa sliglrt negligence, the degree of which is not determined except tives of the people, are now called upon simply to prepare means by court and jury, should have a tenant in the premises who and methods that will effectively execute and enforce the -verdict In any way violated the provisions of the act and such person of the people. Is ftned, the oWn.er of the premises is subject to a lien for all And J.n carrying out the will of the people in the execution of such penalty against the tenant and is obliged to pay the costs the sentence of death upon this monster criminal we must be and fine or have his property sold. . faithful to our duty. We are to swing this criminal from a gal· S'ection 25 provides that any person who carries around on his lows erected by the millions he has wronged, by the survivors person any liquor to effect the sale of it shall be declared a of the. victims he has murdered. The rope must be strong and 1919. CONGRESSIONAL- RECORD--HOUSE. 2453 sufficient; the knot must be properly adjusted so as to break the · - Now, I want you to bear · in mtlld, gentlemen, certain plain neck of the liquor traffic. We must answer to the people who facts. The first is that the national constitutional amendment wm hold us· responsible for a faithful and strict execution of does not repeal the dry laws of any State. They remain the this verdict of death. same. The State has the _same authority after the nationaJ As a lawyer in active practice for 34 years I have noted that Constitution bas been adopted and we enact Jaws to enforco when a wealthy criminal who has committed some great crime its provisions to make new prohibition laws to enforce the is put on trial he can demand the best counsel, rich friends, and Constitution. They can not weaken the Constitution. They political assistance, and the benefit of all the technicalities and can not pass new license laws. · They can pass prohibitory laws loopholes that the law and money can provide. The liquor that will carry out ti1e constitutional amendment. traffic has had all that. It has attempted, but failed, to corrupt The gentleman from Pennsylvania [Mr. DEWALT] and the the courts; it has also failed to corrupt a jury of the American gentleman from Missouri '[Mr. NEWTON] argued strenuously people. It has been duly convicted of the most infamous crimes. that when you come to the constitutional amendment that it It is now confined and guarded in the prison cell of war prohi is possible under this bill of enforcement, declaring that a bition, while preparations are made for the final execution of beverage containing one-half of 1 per cent of alcohol is intoxi the sentence of death. cating, to make void the law, and that we can not under this I have also observed that after conviction the criminal first constitut_ional amendment enact a valid law that designates seeks to get a reprieve, that he may ha\c time to escape by other what per cent of alcohol shall be considered intoxicating and proceedings, and here, in this last battle for the life of the liquor make a man who sells it as a beverage a criminal. The illus monster, there is an attempt being made to have war prohibition tration was used that the State of New Jersey could fix the suspended or repealed. It is an attempt to get a reprieve for percentage at 2i and this Congress enact a percentage of one this great criminal until the day of his execution in January half of 1 per cent, and they say if the State of New Jersey arrests next. First, by a pardon from the President, but he says he a man for selling against the laws of New Jersey, and they has not the Jegnl right to interfere at the present time, but if find on the trial that the beverage is less than 2i per cent and be had he would let him go free. And now the prisoner de more than one-half per cent, he would be discharged, and so mands a reprieve from this Congress. It will not be allowed. the law could not be enforced. [Applause.] Let me say to those legal gentlemen that in such a case the I! I did not know for sure that I was sitting to-day in the disch~rged prisoner could be immediately arrested and tried Congress of the United States, I should believe I was back at and convicted for a violation of the Federal statutes, and so the bar, and that a great criminal had been convicted and his he would not escape. But opponents of this bill go further and attorneys were trying to save him from prison by the plea that say: the statute under which he had been tried had been repealed That the bill goes beyond the prohibition of the constitutional amend· and was void, and that he should go free in spite of his crimes ment, particularly in defining "intoxicating liquors" so as to include and without regard to the verdict of guilty. beverages ~hat are not in fact intoxicating. Certain legal questions are presented to save the prisoner. The gentleman from Ohio [Mr. GARD] says that Congress First, it is claimed that war prohibition became effective July has no power under the constitutional amendment to declare 1 last, and that it is not legal now, but has been repealed, be intoxicating what is not in fact intoxicating. cause this law was to continue only during the war and until Article 26 of the constitution of the State of 1\faine, adopted demobilization had been completed, and they claim that the war as part of th.e State constitution December 3, 1884, provides has ended and that demobilization is now complete. We. re that: spectfully submit to this court that neither of these contentions The manufacture of Intoxicating liquors, not including cider, and the is true. First, war has not ended, and will not end until the sale and keeping for sale of intoxicating liquors are and shall be forever prohibited. Except, however, that the sale and keeping for treaty of peace has been signed and agreed to by the United sale of such liQuors for medicinal and mechanical purposes and the States and her enemies and until all the soldiers now in Europe arts and the sale and keeping for sale of cider may be permitted have been relieved of duty, demobilized, and discharged; and, as under such regulations as the legislature may prO'Vide. The legisla ture shall enact laws with suitable penalties for the suppression of it looks now, war prohibition will bridge the gap between now the manufacture, sale, and keeping for sale of intoxicating liquors, nnd January 16, 1920, when constitutional prohibition will be- with the exceptions hereinafter specified. , come the supreme law of the land. · Section 21, chapter 127, of the Revised Statutes of Maine, But the friends of the prisoner claim further that, admitting 1916, page 1500, provides that: · that war-time prohibition has not been t•epealed, that it is still No person shall at any time, by himself, his clerk, servant, or a~ent, law, then this bill attempts to provide a code of procedure that directly or indirectly, sell any intoxicating liquors of-whatever ongln; will enforce war-time· prohibition, and that you have no right wine, ale, porter, strong beer; lager beer, and an other malt liquors, ·a11.d cider, when kept or deposited with intent to sell the same for now to amend war-time prohibition. tippling purposes or as a beverage, as well as all distilled spirits_.. are This contention must be overruled. If Congress in time of war declared intoxicating within the meaning of this chapter; but this bad a right to enact war-time prohibition, it still has a right enumeration shall not prevent any other pure or mixed liquors from in time of war to amend a law that is still in full force. So the being oonsidered intoxicating. technical claim of the prisoner's attorneys must be overruled Under this constitutional amendment and enforcement statute, in the minds of all judges who are unprejudiced and dis above quoted, I want to call your attention to a recent decision interested. from my State, namely, State v. Frederickson (101 Maine, p. But in this case the friends of the prisoner insist, in the second 37). The defendant was indicted for keeping into:xica ting place, that the prisoner must be discharged and go free, be liquor for unlawful sale. Evidence disclosed that he sold for cause, as they claim, there is a fatal defect in the indictment beverage purposes cider which was sweet and not intoxicating. on which be was tried and convicted. They state in the The defendant claimed, as it is done here, that the legislature minority report of the committee : had no right under the constitutional amendment to enact an enforcement statute that made a crime for selling a beverage That as to constitutional prohibition, section 2 of the amendment provides that "the Congress and the several States shall have concur that was not in fact intoxicating. He was convicted and ap rent power to enforce this article by appropriate legislation," and the pealed to the law court. That court held Rf'! follows: bill presented is wholly upon the theory that the action of Congress is When it appears that a liquor comes within the scope of the forbidden supreme, and totally ignores the concurrent power of the several enumeration, that moment its intoxicating character becomes fixed by States. law and its nonintoxicating character as a matter of fact becomes Certain legal gentlemen in the House have argued at great entirely immaterial with respect to the application of the statute. The constitutional right of the legislature to regulate or prohibit the length that under this constitutional amendment it will be neces sale and keeping of intoxicating liquors and to declare certam"liquors in· sary for the several States and the Federal Government to have toxicating within the meaning of the law governing intoxicating liquors, the same law with the same penalties, the same evidence, the irrespective of the intoxicating character of such liquors as a matter of fact, both under the State and Federal Constitution, have been so uni same kind of indictment, and that such a condition is impossible; versally answered in the afiirmative, both by the decisions in our own therefore the amendment is incapable of enforcement, and we State and by the Supreme Court of the United States, that it is no can not enact laws that can. be enforced in either State or Nation. longer a question for argument or even doubt. Every lawyer knows thj.t in nearly all criminal laws there are The people have decreed that this criminal of the ages shall provided different courts to administer them. Municipal and die. Nothing short of death can satisfy our obligations to those police courts, in~erior and suP,reme courts, have frequently con -we represent. Under our oath of office we are to support, main current jurisdiction over certain crimes, and the criminal can tain, and defend the Constitution of the United States. That be legally charged, tried, and convicted in either one of these Constitution condemns the liquor traffic forever, and while the courts, because they all have concurrent jurisdiction. Concur friends of the traffic may seek for pardon, reprieve, and delay, rent power is but' concurrent jurisdiction. The gentleman from this is the last battle. If the friends- of this criminal fail here Pennsylvania [Mr. DEWALT] who has just addressed you ad in the court of the people there will be no appeal, and I want mitted that. to say in conclusion that I believe that every plea of the prisoner 2454 CONGRESSIONAL RECORD-.HOUSE~ JULY 11.1' .will be overruled. Every delay will be condemned; every tech- In support of what I h~ve said I desire to submit a statement] nical objection will be defeated, and the hour will shortly. come showing accurately the nuPlber of prisoners confined in .-the' 1 when the~e ·will be · no further attempts made for repri~ves, 'Penitentiary at Moundsville during the :fiscal yea.r ending 'Juli. pardons, or new trials. The .liquor traffic will be forsaken by 1, 1914, and aU succeeding years up to July 1, 1918: its attorneys and deserted by its pretended ·friends. Members 1913-1914, 427 prisoners received; no decrease. of Oongress will be left free to pursue their duties with{)Ut fear 1914-1915, 388 prisoners received; decrease, 11 per cent. of the liquor vote. No longer will the saloon be in _politics. No 1915-1916, 335 prisoners received; decrease, 19 per cent. longer will it dictate legislation. No longer will it be a gpecter 1916-1917, ~24 prisoners received; decrease, 24.1 per cent. .of fear and dread by the most humble citizen of America. 1_~17-1918, 305 prisoners received; decrease, 28.5 per cent. At exactly 1 ~ute past 12 o'clock midnight, on the 16th When the question of prohibition was submitted, the great: day of next January this monster criminal will be taken from majority in its favor came from no one class. The coal operator· the war-time prohibition cell by the officers of the law and con- and the coal miner voted for prohibition· the merchant and ducted to the gallows of public opinion. There deserted by · the clerk voted for prohibition; the doctor' and the lawyer did ' friends the black cap will be drawn over its distorted visage. likewise. The great industrial sections gave great majorities! No prayers will be said in its behalf. It will not have the bene- in favor of prohibition. The cities, the towns and the villages: fit of the clergy, for it has no soul. · "It is neither man nor did the same thing. ' won;an, neither brute nor h~an." Its vile forn; will be ~wu~g On account of West Virginia's geographical environment, off rnto t~e darkne;;s of obliviOn forever. It Will be buned .m there is perhaps no State in the Union so badly situated with.t • the potter s_.fi.e~d Without a stone t~ mark the spo~: for the Wl:Se respect to the enfor<:!ement of a prohibition law, and it is doubt man. has ,satd the name of ~he wicked shall rot. So may all . fu1 if ·there is a State in the Union that has had a prohibition: the enemies of the people pens.h. . law for any considerable period of time where there has been·· Mr. V_OLS!E~. l\fr. Chairman, I yield t-o the gentleman such a tremendous effort to break down the same as there has· from West VIrgima [Mr. ~cHoLs]. . . . . been in West Virginia. We have been surrounded almost en- Mr. ECHOLS. Mr. Chru.rm~n, the State, \-V~t - Vu·gmia.,.~ch tirely by wet territory. To the north of us is Pennsylvania,. I have th_e honor to represent m part, ~as been J.? t?e prohibl~on wet; to the east of us are Maryland and Virginia, Maryland c~lnmn smce July 1, 191.4... The question of ratifymg a consti~u- wet all the time and Virginia wet most of the time; to the south t10~al ~en.dment prohibiting the manufac~ure and sale of m- of us is Virginia, and, as stated, wet most of the time~ to the tonc.ating llq~ors in that State was submitted . at the general west of us are Kentucky and Ohio, wet all the time. With our election held... In Novemb~, 1912. Out of appr_o~mately 240,00? 'POPUlation diversified as it is, with thousands of foreigners in votes cast a~. -~hat election, ~ere :was a maJOr~ty of appron- 'the industrial sections who have been taught by the saloon advo mately 90,00? m fa':or of rn.tifi~tion. The legislature elected cate that they are being deprived of their personal liberty, it at the saJ?l6 trme, whi~h co~vened I~ J~nuary, 1913, enn;cted W~B;t is but natural that the enforcement of any prohibition law \"!as coDSidered, .I believe, at th~t time the most drastic prohibi- would meet with stubborn resistance. In spite of the difficul-· tion ~w that ensted anywhere rn the coun~y. ~he law b~me ties that have had to be overcome in the enforcement of the effective July 1, 1914. There was much discussion, both m the law, tt is .my judgment that no State in the Union has had a State and out of the State, ~s to the probable results t~t would more successful enforcement of such law than West Virginia. fol.low the enactment of this Jaw. I had an °PP?r~ntly to ob- 1 have heard since coming to Washington that there is n serve .at close ra_;Ig~ such results. By th~ .prohibltiOn .'R<:t the great change in sentiment in my State respecting the attitude Stat~ tax colniDlSS~oner was mad~ prohibition COiniDlSSIOn_e"l'. of our people toward prohibition. There is no foundation for Dm~mg the whole tlme .from the date the. act became effe.etive SU<'.h .statement. The people of my State would under no cir-· until. the 1st 'day of l\Iarch, 1919, I '!as aSSlS~n:t: State tax com- · cnm~iances return to the open saloon [A 1 ] miss1oner, and, although I took but llttle-part m Its enforcement. . . . · PP ause. had .an excellent opportunity to observe the results .of the same. . Mr. ~ARD.. Mr. Charrman, .rn the a~sence of the gentleman lt is stated by a. few in the State and by many outside of the from Missouri [Mr. IooE], I yield 10 m.mutes to the gentleman Stat-e that there have been more drnnk:enness and greater use of from Massachusetts [Mr. FlTzGE~ALD]. alcoholic liquors in the State since the tlaw became effective than _Mr. F!TZ~ERALD. Mr. Chair~~n. and members of the com there were before. To that statement I want to make a most m1ttee, If I th?ught that the .prohibJ.~I.On law would accomplish emphatic denial. In my honest but hnmble judgment there is what some of Its ardent admirers think that. it will accomplish, not now and never has been since the date the act became ef- nnd be accelltable to the people of the Uruted States after a fective, 10 Per cent as muCh drunkenness or 10 per cent as much IfOpular vote, such .as .I think. sho:U~d ~e had u~on . .an am~nd use of li.CI~r as there was before. The economic conditions in ment to the Constitution as ~qms1tonal. as this 1s, I would· my State are better than they ever wer-e before. No great indus- not stand. ~pon the 1loor of this ~ouse this afternoon to offer ttia1 State in the Union has less BolsheVism or less anarchy than any opposition to the J?assage of this law. I do not believe that w,e ha.ve. Her social .conditions are better. "The masses of there should be oppoSition to enforcement provisions of a law the people in the industrial districts are better 'fed, better clothed, Teally wante:I by the ~ople. I am confident, how eve~, that the lUl:d better -contented, ~ and generally more prosperous" since the measure as It appears m the ~ouse at the present time is not: ·adoption of prohibition than befOre. The laborer -and his em- one tha~ the people of the Umted ·states, through the several' ployer have fewer controversies -nnd. they settle them with 1ess S~tes, lnten~e~ when ~e~ supported .the prohibition measure. .1 difficulty. It IS .my conv~ction that It IS nonen~orcible, and that it is bound, While the population of the State has increased a.pproxi- to stir liP strife an~ trouble at a trme when every effort ought mately 25 per cent since the adoptien of prohibition, the popu- to be made to coordinate all the forces of sound government and lation of the hospitals and the insane asylums has been largely progress through~ut ~e l~nd. reduced. Insanity from the use of alcoholic drinks is not nearly . The gentleman from Mame [Mr. HERsEY], who-has just taken. so prevalent as it was befo'I'e. With this tremendous increase his sea,t, comes fr~m a _State where prohibition has been the in population, the population of the penitentiary has decreased law now fo;, I think, half a century;, and he and the other since July 1, 1914, 28.5 -per cent In many of the industrial Representatives from the State of Marne can tell you that the counties, where crime was Taging, the criminal canrts of such law has never been even r~asonably enforced, unless within counties ha.ve been abolished by l~isla.tive enactment, and in 'Very recent months. I know from personal observation ex some of the .smaller cmmties tlle jails ha,re gone 'for months tending over a period of 25 years, that bar rooms have 'been without a single occupant. No such condition respecting crime conducted openly in many of the big cities in Maine. r know; ·ever -prevailed before th.e adoption of prohibition. that d:t'o.nk:enness ran rio~, tha~ murders have been committed1 Prior to the enactment o-f our prohibition law I bad the and that the State of Marne, through its daily newspapers, ex honor to serve one of the large counties of my State as prosecut- . posed to the world the fact that, although Maine had a pro ing attorney. At the time of my election the legalized liquor hibition law upon its statute books, it was not enforced. Port traffic was engaged in largely in my county, and while I do land and Lewiston, two cities, were conspicuous in this respect. not. attempt to be absolutely accurate, I know I make no ex:- Mr. HERSEY. Mr. Ohairman, will the gentleman yield? tra-vagant statement when I say tlla.t at. least 75 per cent of 'The CHAIRMAN. Does the gen.tllman from Massachusetts the crimes that I was called upon to prosecute were the result : yield to the gentleman from Maine? of the use of intoxicating liquors. There were rnnmerous mur- 1 Mr. FITZGERALD. I will yield for a question. Mr. FITZGERALD. That is the fault of the Republican ad derful State they have out there and its wonderful population ministration in Maine, which has been in power for 50 years, and and their achievements under prohibition. But we have done not the fault of the Boston dealer, who bad a right to sell to equally great things in Massachusetts under a license ·system, anybody and everybody. and we do -not want this law. It has been foisted upon the Mr. HERSEY. Mr. Chairman, will the gentleman yield again? people of Massachusetts, not by popular vote but by the legis Mr ~ FITZGERALD. Yes; certainly. . lature, and on a popular test that was made some six months Mr. HERSEY. Have the Republicans had control of Boston ago towns that never vot.ed for license in Massachusetts, par very lately? ticularly in the southeastern portions of it and in the western Mr. FITZGERALD. They have not had control of Boston for portions of it, voted for license for the first time in their history, years. It was not the fault of the people of Boston who sold it; and I stand here to-day transmitting that sentiment in Massa they were engaged in the liquor business legitimately. They chusetts as expressed by the people of Massachusetts to Mem paid license money to the United States and Massachusetts both. bers of this House, so that they can understand what the ex The officers of the State of Maine who permitted it to enter the pression of the people of Massachusetts is upon this question. State and then permitted it to be sold illegally were to blame. Mr. RUCKER. Mr. Chairman, will the gentleman yiel<'l Why, the gentleman from Maine who has just taken his seat again? knows that prohibition in Maine has been a standing joke for Mr. FITZGERALD. If I am not yielding all my time. years, and as one of the consequences the growth of Maine has Mr. RUCKER. Did not the Legislature of Massachusetts been less than almost any section of the country, though its ratify this amendment? natural resources are boundless, and I am putting forward the Mr. FITZGERALD. Yes. State of ~faine as an example. The gentleman will not deny Mr. RUCKER. Then should not the gentleman speak as an the statement that for years open barrooms, patronized by thou exponent of the legislature? sands, were openly conducted in the city of Portland, and that Mr. l!,ITZGERALD. The legislature did not speak for the open barrooms were openly conducted in the city of Lewiston with people, as I said before, on this measure, and if the people had the connivance of the local officials. their say Massachusetts would have voted wet. In every place Mr. HERSEY. Mr. Chairman-, will the gentleman yield? in Massachusetts where the test has been made the people have l\fr. FITZGERALD. In just a moment. And not only did they spoken on this question since the legislature acted generally the get liquor from outside places, but they manufactured the worst other way. I know that the Massachusetts Legislature acted kind of stuff called liquor, and the courts have been filled with under the coercion of the Anti-Saloon League, and part because of cases, but seldom, if ever, did a jail sentence follow. inside politics of the Republican Party at that time the drys Mr. HERSEY. l\Ir. Chairman, will the gentleman yield now? carried the day. It is my belief that on a test vote to-morrow The CHAIRMAN. Does the gentleman from Massachusetts Massachusetts will be shown to be decidedly against this me!ls yield to the gentleman from Maine? ure. I do not think that I am misstating the facts in the case Mr. FITZGERALD. Yes; certainly. when I say that this present bill, which denies to the farmer the Mr. HERSEY. "The gentleman from Maine" wishes to deny right to make his cider, and denies to the small householder the as strongly as he can the statement of the gentleman from Massa right to make his wine, that puts police surveillance over them, chusetts as to open bars in Maine. The gentleman from Maine so that at midnight these policemen can come in, as they did in wishes to admit that under importations from Massachusetts-- the State of Virginia, when they entered trains and ransacked 1\Ir. FITZGERALD. If you will give me additional time, I will the -wardrobes of women and committed assaults which bor yield further to the gentleman. I want to be fair. dered on indecency-if this bill is put before the people of Mas .1\Ir. HERSEY. Do you not wish me to explain? sachusetts the candidates who accept it will be defeated, and Mr. FITZGERALD. Yes; but in your own time. Mine is the man who stands for governor of the State and opposes it very limited. I have seen these bars and talked with the man will be triumphantly elected., I am willing to go on record on agers, who told me they were open for the sale of liquor from 6 that statement now. in the morning until 11 at night. Mr. GALLAGHER. Mr. Chairman, will the gentleman yield? I do not want to take up the time of the House. I believe in Mr. FITZGERALD. Yes. temperance. I hav-e preached it and practiced it all my lifetime, Mr. GALLAGHER. And the city of Portsmouth, where the but I know Boston, and I know New England, with its 65 per gentleman says liquor was shipped into Maine, has been under cent of foreign e..'rtraction; They are anxious that Kansas should prohibition also for almost a like period of time'! succeed, and they are anx.iom; that Nebraska should succeed. l\fr. FITZGERALD. Yes. I was told by one of the managers But they want to live their own iives up there in that section of one of the biggest hotels in Portland-and I will name it if of the country. We need labor. You need it here in Washington. the gentleman wants me to name it-that he had the permission You can not get it. We are 4,000,000 men short in the country. of the authorities to open at 6 o'clock in the morning and close at Last night's papers said there were 10,000 jobs in Washington 11 o'clock at night; and if that statement is not true, and the and-no takers. The soldiers of the country have been called to gentleman can prove it is not true, I will resign my seat in go into the fields to reap the harvest in Kansas. Are the sol Congress. ~ diers going to be called in Boston to do the labor there? Con- Mr. BLANTON. Mr. Chairman, will the gentleman yield? . tractors told me, when home for the holiday, that labor condi 1\fr. FITZGERALD. Yes. tions were most serious. Are soldiers to be called into the Mr. BLANTON. Does not the gent~eman admit that there is a coal mines of Pennsylvania to do the labor there when the short distinction between the enforcement of a law by State courts and age comes? Are they to be called for the operation of the great the enforcement of a law by Federal courts? steamship companies that must be efficiently handled to do the 1\Ir. FITZGERALD. I do not accept the suggestion of the business of the country? No. We must have labor, and where O'entleman from Texas that this is an assault upon the courts of would this country be to-day but for the foreign labor of the Alaine. I am talking about the practicality of the enforcement of past 100 years; and I ask you to listen to the statement of that th.ts kind of a law, and I am calling the attention of the Members great man Samuel Gompers on this subject. I say that he did of the House to the fact that Maine has had this law upon its as much in his own way in the winning of the war as did Gen. statute books for 50 years, and it has been found to be imprac Foch. When Samuel Gompers, Gold bless him, stands in the ticable of enforcement and a positive detriment to the develop committee room and says that he_represents two million ·and a ment of the State. half of laboring men who are opposed to this bill, when every Mr. RUCKER. Mr. Chairman, will the gentleman yield? body is trying to appease labor, not in demagogic fashion but Mr. FITZGERALD. Yes. because of ·what it represents, the r:eal worth in everything 1\fr. RUCKER. If the gentleman thfnks this prohibition law human and ·labor alike, when capital is trying to arrange a can not be enforced, what in thunder are the whisky men fighting program for the reconstruction of the fiscal, industrial, and com it for? [Applause.] mercial activities of the country, what a time to throw a monkey Mr. FITZGERALD. I am not a whisky man. I never use wrench into the machinery of the country by attempting to liquor, except as a medicine. I do not touch tobacco. I oppose thrust this bill down the throats of the people of tlie United this bill because it is un-American and a menace to good gov States. Therefore, speaking for the labor and capital of the ernment, in my opinion. I have been the mayor of a big city, district I represent, speaking for New England sentiment, its and I understand the workings of the population of these big foreign and native population, as proud of one :2s of the other, cities, and, judging from my contact with the masses of the as long as they are good America-ns, I say to you that we want people, you can not drive them into doing something that is you to live your own life, but you should not tell us in l\Iassa repellant to their very natures. I contend if Maine wants chusetts how we must live our lives. Speaking for the everyda7 prohibition, she is entitled to have it. If Texas wants prohi citizens of this country who want their wine, who want their bition, she is entitled to have it. And if Kansas wants prohibi beer, who want the opportunity to live their own lives in their tion, she is entitled to have it. I agree with everything that own· way, I stand unalterably opposed to the passage of this the gentleman said about Kansas yesterday-about the won- bill as being inimical to the welfare of this country. [.-\pplause.) 245o CONGRESSIONlU RE-C~OR~HOU5-]J. JULY 11, 1\Ir. VOLSTEAD. I yield 15 minutes to· the gentleman from said that the· labor convention· in Atlantic City, accorging to the Ohio [Mr. CooPER]. [Applause.] returns· the· men that voted against prohibition, represented Mr. COOPER Mr Chair:man· and gentlemem of the eommit- · 2,450;000 work-ers. I contend that before this becomes a law, as tee, I, as one· Member of this House, am' getting sick and tired far as our part of the country is concerned, and I do not pretend of hearing men stand up here and! continually brand" the work- to speak for: any other, we ought to be allowed to ha\e some such ingmen of this· country as wearing the label of the whisky 3!lld expression of opinion as was had in Ohio. If Ohio wants prohi beer traffic. [Applause.] My good friend the gentleman from bition, it ought to have it, but we do not want it. Massachusetts [Mr. WITZGERALD] just referred to labor along Mr. COOPER. I do not believe that the representatives at this line. A few days ago the gentleman from illinois [Mr. Atlantic 0icy expressed the sentiment of 2,000,000 laboring men. SABATH] made the statement that over: 90 per cent of the work- The best way is to· take a direct vote, and where it has been tried. ingmen of this country were against prohibition; The gentleman For instance,. take the county of l\1ahoning, where is located the from Massachusetts [Mr. FITZGERALD] just referred. to that · city of Youngstown and which has the greatest steel industrY. great man, Mr. Samuel• Gompers,. who led, the- demonstration. in the· country outside of Pittsburgh. 'Ve have over 50,000 men against prohibition that was held on the <0apitol steps here a working in the steel industry in the city of Youngstown. As I few days ago, in which he stated Mr. Gompers spoke for the• stated, this- eLty has a population of about 40,000 of foreign birth · workingmen of the country. Now, for the benefit of the gen- ot· foreign blood. It is a well-known fact, and no one who has tleman from Massachusetts [Mr.. FITZGERALD] I want to read followed the wet and dry returns in that State will deny, thatl to him a statement made by Mr. Warren S. Stone, grand chief about 99 per cent of those people that vote vote wet. Do not of the International Brotherhood of Locomotive Engineers, a forget that. All o:tr· the business men and professional men in. few days ago, when he was questioned by a newspaper man that great industrial city are not dry. At the November election regarding Mr. Gompers's statement. Mr. Stone said:- last year, on a State-wide prohibition issue, the city of Youngs- There is one organization of labor that Mr. Gompers did not speak town, that great industrial city, not the county but the city it for and could not speak for when he made the declaration you refer se]jj, had a dry majority of over 1,200. I would like to ask the to. I mean the International Brotherhood of Locomotive Engineers, gentleman from 1\""assachusetts ""'ho voted the CI'ty dry 1·f 1·t -..rag comprising 84,000 members in the United States and Canada. For 20 .ill. " " years there has been a law upon the books of om: association prohibit- not the workingmen! . ing its members using liquor, whether on or off duty. In 1915 the There were some delegates at the convention at Atlantie City brotherhood, by unanimous vote, adopted a resolution in favor of nation-wide prohibition, and we have never. changed our views as to the that att-empted to speak for the workingmen in the city of wisdom of that aetion. Youngstown when their own vote last fall was over 1,200 rna- Yet the gentleman from Boston [Mr. FITZGERALD-} and the jority in favor of prohibition. . gentleman from Illinois [Mr. SABAmL] and other Members stand Mr. BLANTON. Will the gentleman yield? . here on this floor and would have yoU! believe that aver 90 per 1\fr. COOPER. Yes, for a question. cent of the union· men of this· country are a :Mr. VOLSTEAD. Mr. Ch:lirman, I yield 10 minutes to the lumbia should be dry. Not satisfied with that, Cone 2458 CONGRESS! ON AL -RECORD-HOUSE. JULY 11, perhnps the ne'i\spapf'r reporter who wrote it had taken a When the historian of the future reviews the record of this " slwt " instead of a udnk before he wrote it? - and the last Congress for the purpose of gettin·o- a true e timate l\fr. KELLY of Pennsylvania. Mr. Chairman, the reporter of the men who composed them, what can be his conclusion as wrote the truth as he found it, and it is the truth that hurts the to the wisdom, stability of character, and mental quality of liquor business. legislative authors of an act, that was passed and signed in the The great Pittsburgh district is no stronghold of that business. exercise of war powers, providing for war prohibition to go The citizenshlp is largely made up of men who toil in mill and into effect eight months after the war was over? \Vhat con· mine. They produce the vast quantities of iron and steel and elusion can he draw from such a situation that will reflect coal whlch have made Pittsburgh famous around the world. creditably upon the honor, wisdom, or patriotism of those re. They know their own best interests demand the overthrow of sponsible for such a freakish legislative child? this evil, which has corrupted American politics and laid bur· The Federal prohibition amendment provides that it shall go dens on every American citizen. [Applause.] into effect one year after its _ratification. It has been denied Mr. COOPER. Mr. Chairman, will the gentleman yield? that the prohibitionists promised one ·year to this country in Mr. KELLY of Pennsylvania. Yes, I yield to my friend from which to adjust itself to prohlbition. There was no other legiti· Ohlo. mate reason for delaying the time for the operation of the Mr. COOPER. My friend comes from a great industrial dis· amendment. However, I want to read to you the words of the trict. Since prohibition went into effect there has he seen any CONGRESSIONAL RECORD at the time the Federal prohibition uprising of Bolshevism and anarchy that Mr. Gompers speaks amendment was submitted to Congress. The distinguished about? chairman who had charge of the measure at that time made Mr. KELLY of P~nnsylvania. No; but, on the contrary, I this statement in reference to the amendment which provided have seen satisfaction and pleasure over the destruction of this for one year before the act should go into effect.: enemy of every American worker. [Applause.] While we prohibitionists desire to have the country go dry, we do not The citizens of my district believe in the enforcement of the propose to let our zeal in that great cause destroy our sense of justice law which the people · of America have written into the Con· and I for one was willing to advocate the right of the brewers and dis~ tillers to have one year to wind up their business. We have distin stitution. They believe in the new day and the new America. guished precedents for this in the action of nearly all the dry States. They have seen the evils of the system of the jungle law with Most of the States have giv.en them a :year in which they may wind " every man for himself and the devil take the hindmost." up their business. * * • I think it 1s a perfectly fair amendment and I will be very glad to vote for it, and I hope the dry Members wili They know that the new spirit is one of interdependence, where vote for it. (CONGRESSIOKAL RECORD, Dec. 17, 1917, p. 432.) every man must recognize that he owes obligations to his neighbors. They-have seen in the light of a world on fire by And they did vote for it unanimously. Those who advocated war the absolute necessity of unity for the common good. They the adoption of the Federal prohibition amendment went to know that this measure we are discussing to-day is a product every section of this country. They went out to California, of that feeling in America, and that the constitutional amend where we have our ·dneyards, and they said, "See how fair we ment which needs this measure to make it effective was the are, how liberal we are. You shall have one year after this act deliberate, long-considered purpose of the American people. goes into effect to dispose of your present business, to readjust You may rest assured that the citizenship of my district and yourself to the conditions that Federal prohibition will impose." of America will consider any attempt to overthrow that pur And to-day, after the Federal prohibition amendment has been pose as an act of faithlessness B.nd treason to them and to the ratified and before the year is up, the same men who took that essentials of the American system of Government. [Applause.] position before this country are demanding that we enact war Mr. LEA of California. Mr. Chairman, I ask the privilege of prohibition eight months after the war is over, in violation of revising and extending my remarks. the promises they made. If a corrupt political boss in the city The CHAIRMAN. The gentleman from California asks unani of New York or Chicago or Philadelphia would make a promise mous consent to revise and extend his remarks. Is there objec like that and repudiate it, he would be condemned as a corrup tion? [After a pause.] The Chair hears none. tionist in every newspaper and from every platform in America. 1\ir. LEA of California. Mr. Chairman, I believe it is the fair [Applause.] · judgment of the people of America that this Congress should So I say to you prohibitionists, who like to talk about good pass reasonable laws to enforce the Federal prohibition amend· morals and good citizenshlp, exercise the good morals and good ment, ttnd if that were the only question involved here I would citizenship that are involved in keeping yourword tothiscountry. have nothing to say. I am entirely conscious of the fact that [Applause.] it is probably true that anything I shall say will not in the least I especially want to call the attention of the House to this affect the result of the ote on this bill. However, I believe the fact: If this war prohlbition act should be repealed, it would war prohibition legislation here proposed is vicious and un not mean that the wet condition would be in force in any dry worthy of Congress. I do not want this occasion to pass with territory in this country, but it would simply mean that you out arising here to protest. I believe it is unworthy of this W.Quld restore to the wet States the privilege of self-determina Congress for a reason that is as old as Mount Sinai-he who tion upon the question until the Federal amendment goes into abuses power is unworthy of it. effect. Now, I am unable to understand how a man who has During tt1e war we prohib~ted the manufacture of distilled absorbed the principles of local self-government in America-the spirits, we limited the quantity of fermented spirits, many re greatest foundation of human liberty that this world has strictions wer:e placed upon the sale of all beverages. On the known-how a man from a State like Kansas, for instance, whole, control of the liquor question during the war worked well. that has prohibition, should be greatly agitated about denying The exceptions were some sections where local authorities failed the privilege to Massachusetts, or New York, or California of to enforce proper regulations of saloons. exercising the same right that Kansas exercised-the right of ·while the war lasted there would have been a logical reason determining this question for itself. [Applause.] to support war prohibition. But the historian of the future will It seems unreasonable when Congress has only a, colorable, i:t search the pages of the CoNGRESSIONAL RECORD in vain for a any, power at all of enforcing prohibition on unwilling States. I logical or an appealing reason why this Nation, that went am particularly interested in the situation of the grape growers through the war without prohibition, should enact " war prohibi of California. To-day there is hanging on the vines in Cali· tion " after the war was over. fornia, approaching harvest time, perhaps the greatest wine No man with candid intelligence can rise here and say that grape crop in the history of California, as reported by the Agri Congress now has a fair, legitimate right to impose war pro cultural Department only three weeks ago. If this legislation hibition upon tllis country. ·war prohibition presupposes a war. goes into effect, the farmers of California will be able to harvest The only right Congress has to enact prohibition before the Fed only u small part of that crop. Part of those grapes are good eral amendment goes into effect is the war power of Congress as for other purposes, but a great part of them are marketable only · based upon th necessity of war. This legislation was enacted for the purpose of putting them into wine. If this purportecl after the war was over and after the armistice was signed, 10 "war legislation" shall be continued or go into effect eight days after, and it was made to go into effect eight months after. months after the war is over, and thereby rob those farmers of Is there any reason that appeals to an intelligent man for con California of the fruits of their labor, it will be one of the great tending there was any war necessity for legislation which by est outrages committed in the legislative history of the United it~ terms is not to go into effect until eight months after the States. [Applause.] And I am here to-day to say there are w.ar was over? War prohibition to go into effect after a war is politicians in power in this countl·y who have the idea that they a fraud upon the face of it. In its enactment "war prohibition" can traffic in the question of prohibition and act on the theory was a legislative absurdity. And to repeat the offense now that that they can politically sell out the legitimate rights of the the war is eight months behind us would be legislative buf- grape growers of California and thereby advance their own polit foonery. · ical fortunes. I want to say that that thing can not be pulled 1919. c ·ONGRESSIONAL RECORD-HOUSE~ 2459 off witho-ut my standrng here and branding :i!t as the political · the Boord o.t Temperance, Prohibition, and Public Morals of pandering that it is. [A.ppla.use.]' the Methodist Churcb, was devoted to detraction and vici()us Now, what happened while the war was going on? WJl.ile the attacks: upcn the President. That was simply a method of SQnS off these grape growers were going to France and fighting flourishing the dub and trying t() force the President of the and dying !oc tllls c.uu:ntry ~ every DL:, 1\fr. TILLMAN. My friend from Massachusetts-that is to say, I fail to see the bearing of the decision read by the gentleman from Boston [Mr. FrTZGERALD]-said that he wanted Massachu from Pennsylvania on his point. The case be cited occurred setts to live its own life and not be interfered with by those from on account of trouble between the States of Minnesota. and Wis other States who desired to legislate upon any subject that might consin with z:eferenc~ to jurisdiction over a certain stream, affect them. U:he people of my State and of the South about 50 the St. Croix River. Here is what that court decided. It does years ago wanted to live their own lives. We were the happiest not uphold his contention. It says with reference to that par people in the world. We bad about 4,000,000 slaves, worth ticular case: about $2,000,000,000. Many of those slaves we had purchased The result is that neith-er of these States from the State of Massachusetts, represented, in part, so ably by That is, Minnesota or Wisconsin-::- the gentleman from Boston. These chattels had ceased to be could as a.gain.st the other rightfully assume or exercise the assump Ynluable in the northeast as sldlled laborers, but they could make tion of permanent occupancy or possession or control of the navigable cotton, and 've bought their ancestors from our enterprising portion of the river. friends in Massachusetts mainly. We wanted to live our own That is true. Here was a river running between two States. H ves and we brought them, largely from New England, down to The law gave those two States concurrent jurisdiction over the the sunny South to make cotton. This great Union would not stream. The decision states that one State alone could not allow us to live our own lives. It took our slaves from us. It exercise the right of permanent occupancy of that river. It not only freed the slaves without compensating our fathers for does not touch the issue here as I see it. So if my position is them, but it did something worth while, it freed the white boys tenable that objection is disposed of. We have had manY. of the South as well. The young white men of the South would amusing things mentioned in this discussion. Gentlemen who not have been worth preserving if slavery had not been abolished. want to see this bill defeated, gentlemen who want wine and [Applause.] beer sold, raise the objection that if this bill is passed it will Now, I had some trouble in my mind about this problem of not be enforceable. liquor confiscation for many years. I thought it might be un Why, our friends from Pennsylvania and Boston should be fair to people such as those represented by the gentleman from delighted to see a liquor-enforcement law passed that is not California [l\Ir. LEA], who owned valuable property in the way enforcible. These gentlemen want liquors sold, and why should of vineyards and distilleries and liquors, to confiscate their prop they complain that this bill if passed will be unconstitutional? -rty. But when I thought about those 4,000,000 slaves in the Whenever a gentleman has no other argument to offer against a South, emancipated with a stroke of the pen as a war measure, proposition, he says it is unconstitutional. I concluded that this furnished a precedent, and that if slavery The able and distinguished gentleman from North Carolina was a crime such as to justify confiscation, the liquor traffic [Mr. Pou] says he has been a prohibitionist all his life, and yet should be similarly treated. We are now destroying a greater he is against this bill because it is too drastic. I am for it be enemy of mankind than slavery. [Applause.] cause it is drastic. [Applause.] It has teeth in it. It must be Liquor is a poison. The saloon is a nuisance. Either the drastic or it will not stop the sale of liquor. The gentleman and State or National sovereignty·has the right to destroy it, as it others, including my legal friend from Ohio [Mr. GABD], say that bas to destroy the paraphernalia of a gambling house without they sympathize with the poor old farmer who under this bill compensation to the owners. . can not make cider out of his apples. No; they are not sympa I have listened with great interest to the distinguished con thizing with the farmer. They are sympathizing with the bull stitutional lawyers from Ohio and Pennsylvama. Strange to necked saloon keepers who are going to be put out of business say, they .are against this bill because it is not going to be by the passage of this law. And my-friend from North Carolina enforceable. They define the word " concurrent." I want to [Mr. Pou] knows an old gentleman who has been driving a refer to an authority which I think is at least as persuasive as public vehicle for 30 years, and he is afraid somebody who gets the authorities cited by those constitutional lawyers from Penn into that vehicle and takes a. drink is going to be arrested. The sylvania, to wit, Mr. STEELE and Mr. DEWALT. Bouvier's Law same gentleman is afraid that old Aunt Jane, who has made a Dictionary is recognized as an authority in law all over the pint of blackberry cordial, is going to be arrested in her home world. In defining the word " concurrent " it says: for having liquor in her possession. Such objections as these Concurrent. Running together; having the same authority: thus are calculated to fatigue one. we say a concurrent consideration occurs in the case of mutual promises; The CHAIRMAN. The time of the gentleman has expired. such-and-such courts have concurrent jurisdiction-that is, each has the Mr. TILLMAN. May I have two minutes more? same jurisdiction. Mr. VOLSTEAD. I yield to the gentleman two minutes more. In my State the circuit court has original jurisdiction of mis Mr. TILLMAN. The man who has a hundred head of cattle demeanor cases. The justices' courts have original jurisdiction. and who does not want to be compelled to put them up when ::t They have concurrent jurisdiction, and the court that gets pos new fence law is passed is always worried about the trouble the session of the defendant's body first has jurisdiction to try him felice law is going to cause the Widow Jones who has one cow. for a misdemeanor. So concurrent jurisdiction means, as The gentlemen, by talking mere drivel, are pleading the cause of Bouvier says it does, as when " a concurrent consideration the liquor men. They are pleading the cause of those who for all occurs in the case of mutual promises, such-and-such courts these years have violated the law. I never knew of a saloon have concurrent jurisdiction; that is, each has the same juris- keeper in my life who did not violate the law. He sold on Sun diction." · day; he sold to minors. They invariably do it; and it is amusing My friend from Pennsylvania [Mr. DEWALT]-and I hesitate to observe them shed tears because coca cola will be sold, be to differ with him-refers to authorities here to sustain his cause moonshiners will operate, because the poor laborer can position and asserts that it is impossible for any authority to not get his 3 per cent beer when they are put out of busi.ness. prosecute a man for violating the liquor law under amend They say also that we are going to become confirmed candy ment No. 18 if the State does not adopt exactly the same pen eaters if we quit drinking liquor. Yes; I think you may look for alty and the same kind of a law that the Federal Government an increase in the sale of candy; father may get full on it; but it adopts. I do not have any trouble about that at all. We have is not going to be so bad as it was when he used to go to the bar in each State Federal courts, and we have State courts. If a room and get drunk. You remember that old play of Ten man violates a State .law which provides a penalty of $100 Nights in a Barroom, which, when we were boys, used to bring and six months in jail for selling liquor, it can do that. It tears to our eyes. A little girl went to get her father out of the has concurrent power with th~ Federal Government to enforce saloon. It was n. very touching scene. Now they say father is that kind of a statute. The Federal court, if it made the going to become dissipated by eating candy. Witness a new penalty greater or less, different from what the State makes, scene: ' would have the right to try a defendant also. FATHER " EATI~G " AGAI~. We say to the liquor men of the country, "You are shifty; "I fear father's eating again," she says. " I shall go get him. 'Tis only I can infioence him in a time like this," you have plenty of money; you ki:ww how to evade the law. We and little Rachael, aged 12, climbs from her chair, and wrapping her are going to prosecute you in either the Federal or State courts. wrap about her until her wrap's wrapped enough starts out alone into the dark night. We are going to give jurisdiction to the State court, for that She reaches the gay city. She pushes by rough men, who turn from court to try you and assess any penalty that the State sees fit her with harsh laughs and flourish candy boxes in her face. She is to impose upon you, and we give the Federal Government the jostled by the crowds. Bravely she pushes on until she reaches a low same jurisdiction. So my friend can not escape the conclusion candy shop. All is noise and hilarity within. Candy-crazed voices fill the ai.r with vulgar shootings and tipsy son~s. Unafraid, little Rachael that the State court or the Federal court, either, may try a enters the door. It isn't the first time. Through the haze or tobacco defendant under amendment 18, no matter if there is a dif smoke and behind a pile of empty candy cart ons she spies her father. ference in the penalty imposed by any State and the Federal The rude crowd grows quiet.· Men m the act of stuffing another bon bon into their mouths pause and watch the drama about to be enacted. Government, and the Federal Government can try him if his Little Rachael walks to her father, and touching him lightly on the State fails to legislate on this subject. shoulder speaks to him. 1919. CONGRESSIONAL RECORD- HOUSE. 2461 "Fathel', oh; father, you must, come with me, the steak's getting stile as to give to ·the States, as against a Federal statute, an effec and so i the t f' a, the children are wailing, the night's getting old, mother is sobbing and supper is cold. You promised, dear father, you tive power of nullification? . would always abstain, but I see you're still eating; please try to re Should Congress act first, and pass a Federal statute, and frain." Virgipia, for instance, is opposed to it, then Virginia can nullify Her father, brushing a tear from his reddened eye, throws the halt empty candy box away, and during the scuffle that ensues for the treas that statute as to its territory, by failing to take any action on ured morsels that still remain staggers out with little Rachael into the its part. .On the other hand the Congress will have the same dark, dark night. power of nullification as to the acts of any State. Should Vir Oh, yes, we are going to be. driven to boozing on candy. We ginia enact prill\arily .a statute to which Congress was opposed, are soon also to know the horrors of the buttermilk jag. Father the failure of Congress to concur in the Virginia statute, would and brother will succumb to 'the awful lure of cold coffee and render that statute abortive, even in Virginia. The two dis iced tea, nut sundaes, death-dealing orangeade, and soul-destroy tinct sovereignties would be clothed with equally distinctive ing grape juice. God save the mark, and God save father! power over the acts of each other. The spectacle of Congress [Applause.] nullifying a statute of a State by declining to act, and of a State :Mr. VOLSTEAD. I yield 10 minutes to the gentleman from nullifying an act of Congress by a like inaction, is certainly a Virginia· [l\fr. SAUNDERs]. novel and remarkable one. Mr. SAUNDERS of Virginia. Mr. Chairman and gentleman There a re instances in which a S.tate can not act under the of the committee; it is sometimes well to outline the consequences Constitution -unless the necessary authority is afforded by Con which will follow from an interpretation sought to be impressed gress, but I do not recall a case in which the power of Congress upon a law under consideration as_an aid in determining whether to pass an act under the authority of the Constitution, may be that interpretation should be adopted. I gathered from the defeated by the nonaction of a State legislature. argument of the gentleman from Pennsylvania [l\Ir. STEELE], Mr. HARDY of Texas. Will the gentleman yield? an argument which was concurred in by other gentlemen who Mr. SAUNDERS of Virginia. No; my time is too limited. spoke on the same lines, that any act of Congress in the nature Ten minutes is very little time in which to make a legal argu- . of an enforcement act passed pursuant to the eighteenth amend ment on the question of construing the Constitution. I wish to ment to the Constitution would not be effective in any State call the attention of the committee to another proposition. When until that act was validated by some action of the legislature this House submitted to the States for ratification this eight of that State. I wish to point out one or two remarkable con eenth amendment, that action was taken as the result of a sequences of that interpretation, and to show how utterly they Nation-wide feeling, that in the interests of better citizenship, are at variance with anything in our experience. As I have said, the liquor traffic should be abolished, and to that end new and if I correctly gathered the attitude of the gentleman from Penn effective agencies should be created. It was the fixed purpose sylvania, the Congress may pass an enforcement act by virtue of Congress to quicken and enlarge, not reduce nnd retard the of the authority afforded by the eighteenth amendment, and yet powers of the State, and the Nation to suppress this traffic, by this act so passed under the authority of the Constitution, will giving both to the States and the Nation a power over the subject not be operative as other acts are, throughout the United States, matter which respectively these sovereignties had not hitherto unless and until it is validated, or concurred in by all the 48 enjoycc1. The amendment gives Congress the power to deal with States now composing the Union. offenses in the States, anu gives to the States authority to deal M:r. CALDWELL. 'Vill the gentleman yield? with subjects not heretofore confided to them, namely, importa Mr. ~AUNDERS of Virginia. Just for a question. I have tions and exportations. but little time. These new powers were afforded for the reason that the over Mr. CALDWELL. Suppose a State passes an enforcement whelmingly dominant sentiment of the people of this country law providing that the penalty for a violation of the act shall was determined to wipe out the liquor traffic. Hence the creation be a fine of $1, and the act of Congress as contained in this bill of the agencies to make effective this fixed and dominant purp o ~ e is passed, and in that State a man is indicted and tried under on the part of t~e people. [Applause.] And yet the gentleman the $1 provision, would that vitiate this act? from PennsylYania would seek to give an interpretation to thi. Mr. SAUNDERS of Virginia. Not at all. There are two sov amendment which would make it more difficult than at present ereignties which under the eighteenth amendment are vested to prosecute offenses within the States, and as well as offen es of with equal power to enact statutes of enforcement. The fact an interstate character. Why do I say this? Because the effect that one State may enforce this amendment by a statute differ-, of that interpretation is to take from Congress and the States ing in some respects from the statute passed by Congress, does the power to pass a statute of enforcement, unless the act of one not mean that the two statutes will be in confiict. Obviously sovereignty is concurred in by the other. Apart from this if a man is indicted under a State statute, prosecuted unuer a amendment Congress certainly is empowered to deal with State statute, and convicted under a State statute, he remains offenses in interstate traffic, but according to the theory of con entirely under the sovereignty of tl1e State. The Federal stat struction of the gentleman from Pennsylvania, Congress "Would ute of enforcement may provide an entirely different punish not be able to provide a punishment.for parties unlawfully mov ment. Th,e same act is an offense against separate and distinct ing intoxicating spirits, in interstate traffic, unless its action sovereignties, and therefore punishable by both. was ratified or validated by the action of the State or States. Mr. CALDW~" ELL. You are putting him twice in jeopardy. Nor would a State be able to effectively legislate under this Mr. SAUNDERS of Virginia. Not at all, the sovereignties are amendment against offenses occurring in the State, unless the different. The right to plead autrefois acquit, or convict as the statute. was concuned in by Congress. Hence the construction case may be, arises when the effort is made to punish a man of the amendment }lrged by the gentleman from Pennsylvania, if twice for one offense against a single sovereignty. That is a dis sustained, would weaken the power both of the States and of the tinction which apparently has been ignored by the gentleman. Nation to deal with this offending traffic. Can it be conceived Permit me to continue the illustration I was undertaking to upon any view of this amendment, having in mind the circum afford. Suppose we should pass the peniling enforcement statute. stances and purpose of its passage, that it was designed in the Then according to the gentleman from Pennsylvania it must be interests of the liquor traffic, by furnishing less effective agencies concurred in by the States to give it a universal operative force, than formerly existed to combat and suppress it? An ordinary or by some one State to be effective in that State. New York amendment to the Constitution becomes the law of the land we will say, ratifies it, Rhode Island declines to ratify, Mary when ratified by three-fourths of the States, but according to the land ratifies, and California declines to ratify. Then upon the theory of construction which we have been discussing an act of theory of the gentleman from Pennsylvania we would have the Congress enacted pursuant to this amendment will not become r ema rkable spectacle of an act of Congress that would be opera the law of the land, until it is ratified, or concurred in by the 48 tive in New York and not operative in Rhode Island; operative States composing the Union. [Applause.] in l\1aryland, and not operative in California. A law of Con The CHAIRMAN. The time of the gentleman has expired. gress would be effective only in spots. Is there any parallel to Mr. SAUNDERS of Virginia had leave to extend his remarks such a situation in the jurisprudence of our country? Was such in the RECORD. a conclusion ever reached, as to any other act of Congress? Mr. VOLSTEAD. l\Ir. Chairman, i yield two minutes to the More than this, by virtue of the interpretation which the gen gentleman from Kansas [1\Ir. STRONG]. tleman from Pennsylvania is seeking to impose upon the Mr. STRONG of Kansas. Mr. Chairman, a short time ago the eighteenth amendment, we would give to each and every State in gentleman from Pennsylvania (l\lr.· MooRE] put into the RECORD the Union the power to nullify in substance, an act of Congress. a statement as to the amount of taxes that the Nation would lose Nullification played a considerable part at one time in the if we enforced the prohibitory law. I do not thinl{ the .gentle politics of this country. But the statesmen maintaining that man from Pennsylvania has been reading his own paper, for up doctrine, could not make it effective. Is it now solemnly con in Philadelphia they have already f~mnd th,at und er war-time tended that a (!onstitutional amendment should be so construed prohibition they have a saving of far more than tlle loss in tax LVIII--15G 2462 CONGRESSIONAL REC ORD-HOUSE~ JULY 11, revC'nue. I read from the Philadelphia EYening Ledger of doctors declare that the proportion of tuberculosi among the resi dents is higher than any other section of the city. Indeetl, many of ,Jul: :-, 1910: the propri·etors of the soda fountains arc suspected of having com DAILY ARRESTS SL UP Fll0:\1 300 TO 45 HERE-PASSING Ol\' LIQUOR municable diseases by at least one physician who has a large practice IJGLLOWED DY EASY DAYS FOll POLICE, E\EN IN TENDERLOIN. in the congested sections. The art of getting arrested is going out of style in this city along with The physicians say that tuberculosis in many cases is transmitted by har 1 manufacture and sale of intoxicating liquor. Any legislation in order to show whether or not it is an intoxicating liquor. that will be necessary and reasonable to carry out or enforce If Congress could at will name anything that it desired to as this provision may be invoked by Congress, but this essential an intoxicating liquor and prohibit the use of it under this sec legislation must be fairly implied and directed to the prevention tion, it might name sulphur water, ginger ale, or anything else of the manufacture and sale of intoxicating liquor. It can not it wanted to as intoxicating liquor, and punish for the manufac "be directed against other and distinct offenses. It is perhaps ture and sale. The question as to whether the beverage is intoxi lawful through the commerce clause of the Constitution, which cating or not, as I have stated, is purely one of fact under the gives to Congress the power to regulate interstate commerce, to law. Some beer, some ale, some porter might be -intoxicating or prohibit the transportation, exportation, and importation of in- not with more than one-half of 1 per cent of alcohol in it. In . toxicating liquors, but that power, I think, would be of doubtful fact, it has been judicially determined in the State of New York implication from the eighteenth amendment. However, when that beer with 2.75 per cent of alcohol is nonintoxicating. Cer taking the commerce clause ,of the Constitution and connecting tainly beer with .1 per cent of alcohol would be nonintoxicating. it with the eighteenth amendment, this bill is clearly constitu Can Congress arbitrarily say that beer with one-half of 1 per tional, so far as it prevents the manufacture and sale or trans cent of alcohol is intoxicating when the fact is not so? If so, portation of liquors in interstate commerce, but it is very ques then it holds that a nonintoxicating beverage is intoxicating and tionable that transportation could be prohibited under any pro penalizes the manufacture and sale of it when it only has power :vision of the Constitution in mere intrastate commerce, because to prevent the manufacture and sale of intoxicating liquors. Congress has no jurisdiction over intrastate commerce. How Mr. GALLAGHER. Will the gentleman yield for a question? ever the courts might hold about this it seems certain that the Mr. MOON. Yes. I would rather not, but I will. language in page 3, section 7, that makes it unlawful for any Mr. GALLAGHER. I just wanted to ask the gentleman a person to "receive or possess " any intoxicating liquor is uncon question in that connection. It has been stated here by a gen stitutional, because no such authority is given in the amendment tleman representing the very moral city of Pittsburgh that the nor can it, under any sensible rule of construction, be fairly brewers are now making 2£ per cent beer, and that the saloons implied from the amendment or any section of the Constitution, are cnlling for it; that the courts have nothing to do. Do you since the mere possession of liquor by an individual not engaged not think that Judge Sweeney, who is asleep on the job with in the manufacture and sale of liquor is not a necessary means nothing to do, could testify that beer is not intoxicating? of preventing the manufacture and sale of liquor. If the words Mr. MOON. I do not 1..~ow how that is. I am discussing a "receive or possess" apply only to those who manufacture and question of fact and a question of law, and how the proper sell, it might be held to be a fair implication from the Constitu decision must be reached in any case under the facts and the law. tion, but it goes beyond this and applies to any individual who This is so evidently a question of fact, to be determined by_ has any intoxicating liquor in his possession. Then, too, the word judicial decision, that it seems mental weakness to discuss it. " possess " in this connection means that the liquor can not be [Applause.] used, as it would be impossible to use it without possession. It Gentlemen are in error when they say that in the States the certainly is not necessary to prevent one from using liquor in legislature determines what is alcoholic liquor. Under the order to enforce prohibition against the manufacture and sale of statutes prohibiting the manufacture and sale of alcoholic liquor. If that had been intended, the words " manufacture and liquors, where liquor, beer, and wine is alleged to be sold in sale" need not have been put in the bill. It would have been violation of law, it must be proven as a fact on trial of a case only necessary to say it shall be unlawful for one to possess or that the beer or wine is sufficiently alcoholic to produce intoxi use liquor. Thus is precluded the possibility of an intelligent cation. The State, with its plenary police power, might pro implication of power to prevent possession and use of intoxi hibit sale of any kind of liquor, whether alcoholic or malt, but cating liquors under the Constitution. The power, however, is when the statutes, as does the eighteenth amendment, pro ample to prevent the manufacture and sale. It would seem un hibit the manufacture and sale of intoxicating liquor only, necessary to any intelligent mind to .contend that when the power th<.' question would be a judicial one and for the courts only. of Congress is limited alone to a prevention of the manufacture The terms of the Federal amendment limit the power of Con and sale of liquor that it would have the implied power to pre gress, and we can not go beyond. Of course; we do not know vent the possession and therefore the use of it by one in no way what the courts may hold, but this objection seems clear to me. connected with the manufacture and sale of it. Congress can We must do our own duty regardless of what the courts, the not imply a power from a power granted and do an unconstitu Senate, or President may do in this matter. Under our oaths tional thing even in support of the Constitution itself. The of office. we alone are the judges as to the meaning of the Con means of enforcing and making effective a constitutional amend stitution, the te t of which we are sworn to apply to all measures ment must be essentially constitutional; else it is not a fair impli we vote upon. If we think the measure is unconstitutional, we cation of power from a particular grant of legislative authority. violate our oaths of office if we support it. I think the section of the bill referred to is unconstitutional I would be glad to discuss the constitutional features of this in the respect mentioned. bill in some . other respects, but I am without time. However, Again, the eighteenth amendment to the Constitution prevents there are other objections to the bill which I desire to mention. the manufacture and sale of intoxicating liquor. The question The bill is unusual and unreasonable in that it attempts in so of what "intoxicating liquor " is, within the meaning of this many particulars to reverse the ordinary and well-established constitutional amendment, must be determined from the usually rules of evidence in the trials in courts of questions arising accepted meaning of these words at the time of the adoption of under this amendment. It can hardly be said that any sane the amendment. It is a judicial question, one for the courts and reason could be given why the whole method of judicial pro not one for the legislative branch of the Government. If Con cedure, as well as the burden of proof, should be shifted in gress can define what " intoxicating liquor " means and deter order to enforce this amendment. Why can not it be enforced mine that any brand of whisky, wine, beer, porter, or ale is in just as any other law? toxicating that contains one-half of 1 per cent alcohol the next Under the law to-day in any case of murder, arson, larceny, Congress, having a similar power, can determine that any bev or burglary tile burden of proof is upon the State or the United erage containing 10 per cent, 20 per cent, or 90 per cent of States, as the case may be, to establi h the guilt of the de- alcohol would or would not be intoxicating, as no Congress has . fendant beyond a reasonable doubt. Under the provisions of a right to bind upon matters of legislation a subsequent Con this bill, when a man is accused under certain conditions, the gress. The meaning of the fundamental law would thus vary whole burden of proof is shifted to the defendant, and he must from time to time and would be subject to the caprice and will establish his innocence. No civilized State ever tolerated such a of a partisan Congress. Congress can not change the meaning of law. Again, a number of men who are .entirely innocent of a constitutional power by statute nor add to nor take from it wrongdoing may by reason of the wrongdoing of. others be. by the use of any words defining what it means. The amend convicted and forced to pay enormous fines and costs provided ment is self-explanatory. If not, it would be nugatory. The for in this bill. All it is necessary to do to convict the owner words " intoxicating liquor " must have a fixed and determined of land under the provisions of this bill is to prove that some one judlcial significance in the view and light of the meaning of has distilled liquor on his land and that he knows or should 2466 CONGRESSlON AL RECORD-HOUSE. JULY 11, ha>e lmown that the oft'ense is being committed, ·and the burden necessary to pass. One that is cruel and inhuman will do less of proof is upcn him. Ien frequently own land in the moun good, for it will produce a revulsion of · sentiment on the sub tains where liquors are unlawfully distilled that are hundreds ject of the amendment. Conservative laws alone are worthy of of miles from their residences. This bill would practically re a great people. Can we not amend tllis bill by sh·iking out the quire a man to keep a guard over the land all the time and see unreasonable and unjust features that it contains and make a that no offense is committed upon it. You might just as well dignified and effective statute that will be n monument to our make a man guilty of murder because a man on his land kills sense of justice and right and to the Nation's morality and not some one when the ki1Iing would not have occurred had he an evidence of frenzied folly and unbridled fnnaticism? It was guar·deu the land. .Again, if any ,yagou, ship, or railway car the good, law-abiding, and Christian people of this country who shoulLl carry any liquor that was unlawfully placed in it by forced the passage of the eighteenth amendment to the Con anyone under conditions that one by reasonable care might stitution. It was not the professional, political poltroon, who have known what it contained, that one becomes a prima facie made temperance advocacy a means of securing money as a criminal, and he must establish his innocence or his property prime object, that secured the amendment. must be confiscated and sold to pay the costs and penalties. That mercy, that justice, and that love of humanity that actu This is making the owners of e"Very means of trangportation and ated these good people must ultimately manifest itself again in of land criminals without having committed an offense. forcing a modification of this lawless nnd drastic statute-if you It is provided in another place that where a man is convicted pass it-to meet the necessary and legitimate purposes of the of a Yiolation of this Jaw, notwithstanding that he may be pun amendment. Sta.nding, I trust, with them, I stand against all ished by fines or imprisonment, he shall be required to give bond. who would thus desecrate and degrade the work they have done. and security of from $500 to $5,000 in court not to <;ommit that My oath of office to support the Constitution, my sense of com offense again within 12 months under any condition. If he is mon justice, my views of my duty to society, will forbid that I too poor to give the bond, or fails to give it, he is punished by vote for this bill in its present shape. If you do not amend it imprisonment until he does give the bond, not exceeding six so as to make a just and effective response to the prohibition months. He is thus punished in advance for an offense that amendment in spirit and in fact, I shall vote against it, if that has not been committed at all. No one ever suggested the will do any good, or I will enter my silent protest to this wild punishment of a man in advance for an offense that had not been legislation, based on the statement I have made, by not voting committed until these distinguished. apostles of Nero presented at all. [Applause.] this measure. Mr. VOLSTEAD. 1\Jr. Chairman, I yield 20 minutes to the Under the provisions of this bill, a man can not secure liquor gentleman from Georgia [Mr. UPSHAW]. for medicinal purposes without going through formulas that Mr. UPSHAW. 1\lr. Chairman and gentlem~n of the com make it almost impossible. If a sick man needing stimulation mittee, one day in a Georgia court room the great Ben Hill, so could not reach a doctor hi.=- friend could not give him a drink of long the eloquent tribune of the South, was trying a case, and liquor without going to prison as a result. If a farmer shcuU in rising to address the jury he said: permit a keg of sweet cider to ferment and contain more than May it plt=-ase t l'e court and gentlemen of the iury, I feel oppreR. eel one-half of 1 per cent of alcohol and clid not throw it away im on this occasion. 'Yhenever I am called upon to do anything for which mediately on knowledge thereof he would have to pay fines o1· I see no earthly use, I must regard it in the light of an oppression. have to go to the jail and probably lo e his farm, or if a barrel It was the great lawyer-statesman's ingenious way of seeking of vinegar, perchance, should by any reason become nlcoholic to to impre s the jury from the very outset that his case was so the extent of one-half of 1 per cent, as sometimes happens, it plain, the evidence so unmistakable, that he saw no necessity would have to be disposed of at once, because after it was for argument. The case of the people against the liquor traffic known by its owner that it conta.ined one-half of 1 per cent and in favor of thi law-enforcement bill is likewise plain. I feel alcohol, or if he could have reasonably known it, he would a sense of oppression in the very nece sity of combating the op become liable to fine and imprisonment if he retained it. position to this bill. I do not mean that there are not certain I might mention a number of things equally objectionable in features of the bill that may need a slight amendment. I am this bill, because it is a code of laws in itself, as impracticable speaking of the opposition to the bill as a general proposition. It lllld senseless as anything ever suggested. We surely ought not seems to me that whatever a man's personal opinion may have to be laying traps for the unwary and ignorant, as well as for been, "either for or against the prohibition of the liquor traffic, he the better informed, by which they may be deprived of their should now take the magnificent stand of the gentleman from liberty or property for doing an act which everyone would Kentucky [Mr. C.aNTRILL), who in the beginning of this debate recognize in itself as not criminal or in any sense involving reminded the House that he had always opposed prohibition moral turpitude. as a principle, but that now since the friends of national con . This bill should be opposed because it is worse in all its stitutional prohibition had gone out into the open into a free, features than the infamous force bill. It would take an army fair fight and bad won an overwhelming yictory through the of marshals, deputies, and police, annoying and disturbing the proper channels of leo-islati.-e enactment, he was But before I go into the discussion of any features of the .And as for· Chicago's 1:ecent heavy vote against prohibition, I bill itself I wish to .clear away a few brush left in my path by remind this House that that is the same cicy, largely of foreign the little " brush " that took place on the floor o:f the House the domination, tful.t believes in keeping almost no law at all on the other day between the gentleman from New York [Mr. :LA liquor·question. For 40·years-it has been against the law of God Gu .AJIDIA], the gentleman from North Carolina [Mr. SMALL], and man. to sen. liquur· in· Chicago on Sunday, and for 40 years the genial al}d festive gentleman from Massachusetts [Mr~ GAL 7,000 saloons in Chicago• trampled! the laws of man and of God LIVAN], and the gentleman from Georgia. by lteeping open on Sunday. Andi when the mayor of Chicago, At the close of his three-minute speech, when l had no time in response to the· demand of the law-enforcement leaders, closed in his time or my time to properly reply, the gentleman from the liquor shops on Sunday the champions of the liquor business, New York, in the spirit of playful repartee, referred to moon the· same lea-ders and the same· rank and file that are now favor shiners in the mountains of Georgia and Kentucky and sug ing the trampling of the Constitution by continuing beer saloons gested that " the gentleman from Georgia wa:s evid'ently an and: the reign of German brewers in politics-these same op authority on moonshiners." Of course, we all understood the ponents of prohibition, " past, present, and to come," staged a sptrit of raillery in which the gentleman spi>ke,, but I remind' great demonstration and marched through the streets of Chi both him and the gentleman from Massachusetts [Mr. GALLI cago- !00,000· strong, boasting gamblers, hoodlums, and harlots in VAN] that they began the thrust- and· they must not complain their parade-for they all thrive together-calling on the may~ if I answer in kind. An Irish washwoman saw her little boy of Chicago to again trample· the law of man and of God by open ~like vigorously, scratching his head, and she yelled at him, ing saloons on Sunday. This, Mr. Chairman, is said "not in " Milte, Mike, stop scratching your head ! " And Mike replied bitterness, but in: sorrow," as Henry Grady used to say, but this in tearful tones, " I won't do it, Ma'am ~ they commenced on is the- brand of morality and law enforcement which these great me fust." Parenthetically, I really believe· that Mike had a liquor centers, chiefly o:ff foreign domination, would transmit and right to scratch; but the gentleman from New York and the transmute· into winking courts and seared consciences for the gentleman from Massachusetts, who believe in "personal lib~ law-abiding, God-fearing people of America who have tried so erty " and " regulation " would contend that Mike's tormentor long to free themselves from the· mighty curse of drink and crime. ought to be brought in ·from the residential districts, put on [Applause.] some special preserve along the crowded marts of trade~ in Concerning the dignified and yet mistaken strictures of the the full .enjoyment of police protection, and thereby allowed to Anti-Saloon League, made by my friend, the gentleman from continue his torment and devilment in the full exercise o:t per North Carolina [Mr~ SMALL] •. I feel constrained to say that sonal liberty. Mike believed not in regulation but in extermina I hold him personally in high esteem, a man with a Damascus tion, and Mike was right. bla:de for an intellect and an honest regnant conscience. This Both of these gentlemen began on me first, and I am tempted fact makes it all the more regrettable that he should be so to here and now declare, in all good.humor, that it is a good thing much in errol'" as to criticize harshly the work of the Anti that the gentleman from New York [Mr. LAGUARDIA} recently Saloon League, and to charge the honest men and women who sacrificed his wonderful shock of princely Halo-American hair,, ha-ve wrought ·so unsel!fishly and· so successfully for a sober because I am thus relieved of the necessity of perpetrating a America, as being th~ir · "servile followers." I hold no com cross between a comedy and a tragedy by" snatching him bald.: mission for defending the leaders of the Anti-Saloon League headed " [laughter] for his " moonshine " suggestion ; and:, as except that commission which an· informed conscience compels. to the gentleman from Massachusetts [1\Ir. GALLIVAN], there I was for a time one of the vice presidents of the Anti-Saloon· • simply "aiD7t any to snatch." League of America and one of its unpaid directors. And I 1 speak the truth when I declare that never in secret conclave I do not deny that there may be here and there a moonshine 1 distillery in the mountains of north Georgia-the Kentucky (if such a conclave were ever held'), never in the inner councils Congressmen ar~ able to take care of the charge against their of that great body of patriotic, philanthropic men, did I ever, own lordly mountains. I deprecate their presence, although see or hear one thing done or one thing proposed that was out they are found few and far between, but I place them along of keeping with the highest and noblest ethics. The· gentleman with certain other overt violations of law-the law against from North Carolina [Mr. SnALL] said that, disclaiming being theft and gambling and murder-but no man would think. of a servile follower, the gentleman from Georgia "assumed to; repealing the law against these crimes o~ licensing for any be a leader." I plead guilty to the "·soft impeachment." I amount of money the perpetrators of these crimes. And tlie.s~ have rejoiced to follow su.ch great Godl-fearing statesmen as " blind-tiger" distilleries are simply the fruitage of the appe Howard Russell, the venerable father ef the Anti-Saloon I tites left to us as a legacy by the long tenure of the liq_uo.r traf League·; Bishop Luther B. Wilson, its honored president ; P. A.' fic. When Baltimore, New York, Boston, and Chicago, the great Baker, its stalwart · superintenuent; Ernest H. Cherrington,.1 "wet" centers, shall cease to violate the virtue of "dry" terri its towering business director and editor of The American tory by shipping liquor into. my own State and aU of the States Issue:; Edwin C. Dinwiddie, the tireless and efficient legis that have voted to be free, it will be far easier to ferret out and lative- secretary; and Wayne B. Wheeler, the astute, clear-; destroy the moonshine distilleries of which this gentleman com headed, and golden-hearted national attorney, w.ho is charged ~ plained. by the· gentlema.Il from Massachusetts [:Mr. GALLIVAN] with Interesting indeed to submit right h&e is the following letter' . b.eing the author of this law-enforcement bill. All of these gentlemen are grandJy capable men, and there. fuom Baltimore: is not one of them who not have been making far more : BALTIMORE, MD., JUVy· 10, 191.9.. cou.~d money through all these years of ceaseless vigil and consecrated 1 Hon. W. D. UPSHAW, Washington., D. 0. effort if they had only chosen to love money betteu than they MY DEAR Mrt. UPSHAw : Am greatly enjoying the debate on the prohi have loved human happiness. I personally saw Ernest. Cher bition-enforcement 'question as recorded in the CONGRESSIONAL- REcoRD. rington, with ability enough to be governor or president, turn I am confident you will "tell them a· few things" when your turn comes .. Be sure to remind "the gentleman from New York" that the Gov down a salary nearly three times as lax-ge as the league paid ernment's statistics will show that there is more "moonshining" car him in order to continue his. unselfish. fight against liq,uor. And ried on in New York City than in the mountains· of North Carolina; as for myself, having been active in trying to drive saloons, Tennessee, and Georgia combined. · You. can get the figures from. the Thternal Revenue Department. through the triumph of a prohibitionized democracy, out of my Good luck, and may God bless you in your fearless fight for the. right. own State of Georgi'a, the pioneer prohibition State of the Sincerely, yours, South; I offer' apology to no living man. fm.• having responded WM. F. WII:LIAMS. to the> cali of many other States of· the Union, and for having But, after all, lUT. Chairman and gentlemen of· th~ committee, earnestly and honestly tded to lead: the people in the saloon I do not think it is much more·harm for a Georgia: mountaineer ridden States into the economic and moral blessings of prohibi to make moonshine whisky for home consumption, and even a tion, which have so greatly enriched my native State. little for his neighbors, than it is for these Representatives of the I heard: o:fi a negro boy down in Georgia who wa& thrown. great wet districts of foreign-b(}rn population to. make " moon from a: mnJ.e: and terribly shaken up inside and out~ The negro shine" speeches on the floor of this House-simply fo.u "hmne con d-octor was seat for, but things were not going well, and a white sumption." [Laughter and applause.] Knowing that th-eir case doctor was called in consultation ; and: wishing tv defer to his. is hopeless, knowing that the unselfish prohibition friends of own profession, the white do ATLANTA, GA., JuZy 9, 1919. keep out of jail; and sympathy should be given by this Con Hon. W. D. UPSHAW, l\I. C., Washington, D. 0.: gress, not to this vampire of civilization but to that fair ci\ili Prohibition laws in Georgia are being as well enforced as any other zation itself from which the lawbreaking vampire sucks the laws against crime. Violators· are being apprehended daily and many blood of his ignoble existence. There is but one course, gen of th<'m, both white and black, are being sent to the chain gang. Our tlemen, for patriotic men to pursue-stand by the majesty of Georgia laws should probably be strengthened and the United States Government, now that the prohibition amendment has been passed; this righteous and wholesome law, for the protection of the should lend a helping hand. It is only a question of time before, in my home, for the sac~·edness of humanity, for the sobriety of opinion, traffic in whisky will be reduced to a minimum. America, and the happiness of the world. [Applause.] HUGH M. D ORSEY, Governor ot Georgia. RON. WAYNE B. WHEELER ON u COXCURRENT POWER." H ere is another telegram "hich deals with labor's attitude on One of the opponents of this hill took the occasion to quote this question : a sentence or two from what Hon. 'Vayne B. Wheeler, the ATLANTA, GA., June 11, 1919. national attorney of the Anti-Saloon League, said concerning lion. WrLUAM D. UPSHAw, M. C., concurrent power. As he failed to quote the statement fully, lVasllington, D. 0.: I ask the privilege of submitting herewith the following which Your Flag Day speech in Congress made history. It was bomb-proof. The demonstration on the steps of the Capitol last-Saturday in favor represents the position of Mr. Wheeler on this important sub of continuing beer saloons under constitutional- prohibition was a ject: r fl ection on the American flag and the native-born laboring men of It has been stated quite recently by counsel for the distillers' com America. This sentiment was heartily approved at a great mass meetbg mittee that the " concurrent power" clause in the eighteenth amend in om· church Sund2.y night. Organized labor feels that it has been ment to the Constitution of the United States (the prohibition amend- done an injustice by its chief representative in making it the goat in ment) will render the law a dead letter. - the interest of l\lilwauke!:' , Aurora. and other cities of like fame. By Section 2 of the amendment is giving the wets a. great deal of com unanimous standing vote, after many enthusiastic speeches by the fort. They are claiming that it is not self-executive, and that it is laboring men themselves, the following resolution was passed : necessary to enact concurrent enforcement legislation to make it effec "Res olved by tile Tabernacle Congregation of Atlanta, That we are tive. beartily opposed to any change in the war-time prohibition act passed The "concurrent power" clause, which is coming in for a large by Congress. We believe that the agitation for repeal and for continued share of public attention now, is included in section 2 of the prohibi beer saloons originates with the brewers and that their agents have tion amendment, which reads as follows : mobilized a lot of foreigners to put on a public demonstration in the " The Congress and the several States shall have concurrent power to interest of the manufacturers of ·debauchery. We heartily resent the enforce this article by appropriate legislation." effort to saddle toe r~ f.ponsibility of a 'wet' Nation upon the backs of Opponents of prohibition assert that the eighteenth amendment can organized labor." not be enforced until the State and Federal Governments enact identi JOHN w. HAM, cally the same laws on this subject matter; that concurrent power Pastor Baptist Tabe1·nacZe. means joint action, ' or exactly the same action on the issue involved. Mayor James L. Key, of Atlanta, where we have had prohibi The friends of the eighteenth amendment insist that concurrent power simply means equal power or authority on the part of the State and tion since 1908, says: Federal Governments to enact prohibition legislatton, and that the use Prohibition bas proved a success in Atlanta in every way. Crime, or failure to use this power by one does not prevent the other unit of drunkenness, and vice have decreased. The general efficiency of the Government from using its full power , or part of its power, to carry body of citizens has increased. General business conditions have im out the manifest purpose of the eighteenth amendment. proved. The law meets with the approval of the community and is In constitutional law, power is simply the right to take action in enforced· as well as other measures. respect to a particular subject matter. The power referred to in this amendment is the governmental power to enact legislation to enforce the Chief 5f Police James L. Beavers says: prohibition amendment. Drunkenness has decreased more than 50 per cent. Prohibition has In the long lip.e of decisions the word " concurrent " has been con been very successful here, and it will be more so when we get the strued to mean the followin~: "Contributing to the same event or n ation-wide prohibition law July 1. effect," "cooperating," "seekmg the same objects." These and many RIGHT IS NEVER EXTRE~IE. other similar court constructions make clear that two units of gov~n ment may be given authority or power to carry out the purpose of the Honest men on the :floor of this House complain that this bill eighteenth amendment. There is no limitation on this power except Is too extreme, but there is no such ·thing as a man's being that these units of government can only use that authority in harmony with the purpose of the eighteenth amendment. "extremely right." He is simply right or wrong. No genuinely The opponents of the eighteenth amendment err in claiming that honest man objects to a law against pilfering. Though the concurrent legislation must be enacted. The Constitution does not re penalty for stealing a box of matches be half a hundred years, quire concurrent legislation before the eighteenth amendment can be enforced. It simply confers concurrent power upon the State and Fed the honest man is absolutely safe. And the sellers of liquor eral Government. There is a vast difference between two units of gov haYe caused the friends of sobriety, in dry territory, to suffer so ernment having power to do a thing and making the enforcement of a much, we are afraid of anything that looks like beer or smells constitutional provision contingent upon the State and Federal Govern- ments enacting concurrent legislation. · like beer-for the brewery interests are back of it all, and the The section in controversy was inserted by the House in place of the . brewery in politics and in morals in a nation that has lifted provision which was originally adopted by the Senate, which reads as a " stainless banner" above its head, is a travesty and a tragedy follows : The Congress shall have power to enforce this article by appropriate all in one. legislation. In \ain did Neal Dow, the great old prophet of Maine, dream The Judiciary Committee of the House raised the question whether and work and dream; in vain did John B. Gough lift his win the States would have complete and ample authority to enforce prohi bition if the Senate provision was adopted. Such power was not exactly some, pleading voice ; in vain did John P. St. John add cleansing given. Many of the ablest lawyers in the Senate contended that States glory to the pioneer prohibition State of the West; in vain did would have power to enforce prohibition under the clause which they ~ll e unique and fearless Sam Jones hurl his thunderbolts at adopted, because power was not specifically limited or taken from the States. If the Senate provision had been adopted, the courts probably the liqnor that one time sought his ruin; in vain has George would have construed the amendment to give ample power to the States Stuart "~ielded the sickle of his entrancing power; in vain has to enforce laws providing for the prohibition of the beverage liquor . Mary Harris Armor electrified a continent and Nannie Webb traffic. It will therefore be seen that the clause which the wets hope will weaken the amendment and render it unenforceable was designed Curtis and Carcolyn Geisel have captivated the hearts and con to strengthen it and give it effectiveness. . sciences of men and women; in vain have those wizards of The doubt which arose in the minds of some of the Congressmen con speech and philosophy, John G. Wooley, Clinton Howard, and cerning the power of the State under the Senate provision was based upon decisions of the Supreme Court like the following : ·sam ,V. Small, dedicated their marvelous eloquence; in vain " Whenever the terms in which a power is granted by Congress, or has Richmond P. Hobson submarined the liquor traffic with the nature of the power required that it should be exercised exclusively the pitiless dynamics of his scientific logic; and forever vain by Congress, the subject is as completely taken from the State legisla ture as if they had been expressly forbidden to act on it." and useless the marvelous measure of William J. Bryan's stain The House Judiciary Committee, in order to make this power of the ·, less devotion-in vain, I say, and useless all, the transforming States more certain, inserted the " concurrent" clause provision in the world-lifting efforts of these mountain-peak: men, with all the act, so that there would be no doubt that the State would have full white-ribbon handmaidens of God who have upheld them with power to enforce the prohibition within its borders. ' their ideals, their prayers, and their tears, if this high and holy HOW AMENDMENT WILL BE ENFORCED. Congress, having the power as well as the obligation to enact legis cause in this hour of its glorious triumph is to lay down the bars lation to enforce the amendment, will doubtless prohibit the manufac and open the doors to the law-breaking minions of the demon ture and sale of intoxicating liquor for beverage purposes and place the they have fought so long. obligation upon the Federal courts to enforce the prohibition act and outline the procedure for its enforcement. It is stated by opponents 'For whom do my worthy colleagues plead in their opposition of prohibition that this policy will result in a conflict between the Fed to what they call the "drastic measures." of this ·bill? They eral and State laws and that concurrent power under such a condition say that they believe in law enforcement Then let us have a is impossible. The Con~titution must be construed in its entirety. Article VI of law ·with teeth in it. This law is intended only for the law the Constitution was not amended or repealed by the eighteenth amend breaker, and surely there is n·o one on the floor of this House ment. :Article VI says : who would lift his -voice in his behalf. A man who will "This Constitution and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall deliberately fill his pockets with money through the financial be made, under the authorities of the United States, shaH be the depletion and the physical and moral debauchery of those who superior law of the land, and the judges in every State shall be bound patronize his business, whether legal or illegal, will soon have thereby ; anything in the Constitution or the laws of any State to the contrary notwithstanding." his conscience so seare . ·2470 CONGRESSIONAL RECORD-HOUSE. JULY ll, are as much a part o! the law of every State a.s its own local laws· and con titution." This power o! the Federal Government over the Mr. FITZGERALD. 1\Ir. Chairman, I would like· the gentle State Government was illustrated in the West Virginia case decidec:I man from :Missouri to yield me just one minute. by the upreme Court in January. 1919. The court said : Mr. IGOE. I yield to the gentlem.an. ."When Congress exerts its authority in a matter within fts eontrol, State laws mu t give way in view o! the regulation. of the subject . 1\fr. FITZGERALD. Mr~ Chaii;man, I would like to say to. matter by the superior power conferred by the Constitution." the gentleman from Georgia that we did have a street railway While the State is f?iven equal power witfifn its jurisdiction to enact strike in Bo~ton while I was mayor, but the saloons were not laws prohibiting the liquo11 traffic, if it does not use that power to the full extent, this will not prevent the Federal Government from carry closed, and there was: not the slightest hint that the saloons ing out the full purpose and power of the eighteenth amendment as should close. The men in the business in Boston conduct their authorized in the Constitution. places in an orderly way. There was a street railway strike, There will be 110 more con:tlict than there is now between offenses on the same subject matter whlch are defined by a Federal and a State however, in Bangor, ·Me.-prohibition Bangor and prohibition Government. There are varying and even con:tlicting standards be Maine-and the mayor in a public statement said that he was tween the State and Federal laws as to what is intoxicating liquor, obliged to close the saloons there'in order to protect the lives and adulterated foods, drugs, etc. A citizen of a State who is inclined to break these l:iw' will have to inform himself as to the provisions of the property of the people. [Applause. J And I ask the gentleman both Federal and State enactments and conform his conduct to both. from Maine [Mr.liEBsEY] whether that statement is true or not The eighteenth amendment notifies him that the beverage liquor tralfic 1\Ir. HERSEY. I do not knew. is prohlbited, and there is no limit on the power of the State or Fed eral legislative bodies in passing laws which have a reasonable relation 1\fl~. GALLIVAN. It is positively true. to the end authorized. '.rhe l!'ederal court will enforce the Federal Mr. FITZGERALD. It so appeared in the press and was a acts. The State courts will have at least as- much authority to make matter of public comment all through this country. arrests a-nd help to enforce this Federal law as they have to enforce any other Federal law. Section 1014 of the Fec:Ieral statutes provides: Mr. IGOE. Mr. Chairman, I yield 15 minutes to the gentle "For any crime or offense against the United States, the offender man from New York [1\lr. HAsKELL]. may, by any justice or judge of the United States, or by any commis Mr. HASKELL. Mr. Chairman, I ask unanimous consent to sioner of a circuit court, to take bail, or by any chancellor, judge of a supreme oc superior court, chief or first judge of common pleas, mayor revise and extend my remarks in the REcoRD. of a city,. justice of the peace, or other magistrate, of any State The CHAIRMAN. Is there objection? [After a pause.] The where he may be found, and agreeable to the usual mode of process Chair hears none. against oJfenders in such State, and at the expense o1 the United States, be arrested or imprisoned, or bailed, as the case may be, for trial be Mr. HASKELL. 1\fr. Chairman, 1 have reduced my remarks fore such court of the United States as by law has cognizance of the to manuscript, and as the time is short I would ask not to be olfense. Copies of the process shall be returned as speedily as may be interrupted. into the clerk's office- of such court, together with the recognizances of the witnesses- for their appearance to testify in the case. And where The conh·oversy over the question as to whether one-half of any otl'ender or witness is committed in any district other than that 1 per cent of alcohol, or 2.75 per cent, or some other per cent where the offense is to be tried', it shall be the duty of the judge of the Should be fixed in this bill, or whether it should be left out en district where such otl'ender or. witness is imprisoned, seasonably to is~ sue, ana of tile marshal to execut-e. a warra:nt for his removal to the dis tirely, is only the beginning of your difficulties. trict where the· trial is to be held." (R. S., sec. 1014; acts Sept. 24, It is the reward for the mistaken idea that the way to make 1789, c. 20, sec. 33:, L Stat.~ 91; Mar. 2, H93, c. 22~ sec. 4, 1 Stat., 334; people good is by legislation instead of education . .Au~r. 22, 1842, c. 188', sec. 1. 5 Stat., 516.) Tfre State courts, with the larger numbw of officers and more ade ·with sufficient rope and persistence· along the same Jines, the quate law enforcement machinery, will enforce. the laws enacted by the program will ultimately defeat itself. · States. in order to make prohibition effective within their borders. All we opposed to prohibition are obliged to do is ~urs-ue a When a State and, a municipality have "concurrent power" to prohlbit tile liquor- traffic, each enacts its own laws. The municipality enforces course o:E watehful wai-ting and observe once more how the phe- its own laws· within the municipnJlty. Tbe State enforces its State law nomena of hun1an nature work. • not only in the municipality but throughout the whole State_ Each You might as \Yell regulate by force the morals of the people unit of government en!orces its laws throughout the entire territory within its jurtsdiction. M.any dry States give not only "concurrent as to change by legislation the mentality of any individual. It power " to the municipal council and the State legislature to prohibit can not be done. the sale of liquor, but they confer "concurrent" jurisdiction on city, l\ly unequivocal opposition t() prohibition has been taken out of township, county, and district courts to en1'orce the law. The suggestion that the " conclll'I'ent powel'" clauses gives one State u. sense of duty as to what I consider- right. authority to enact a law whleh wiTI apply in ano-the1: State will not be I am in no way connected with any selfish interests to be bene taken seriously by either la-wyers ou laymen. "Concurrent power." fitecr by tile professional liquor traffic. simply means equal power for both tlie State and. the N.ation to enact ADVOCATE OF INDIVIDUAL RIGHTS. laws prohlbiting the beverage liquor traffic within theii: resp~ctivc borders: To characterize my conduct by charging that I am the " saloon To give two sovereignties "concurrent powet>" over a given subJect advocate'' ana that "I openly advocate and defend the lawless matter. is not a new doctrine. Both the Federal a.nd State Governments have powen to regulate ele-ctions for Congress. (See Ex parte Yarbrough, liquor business'' is a perversion of my stand in favor of indi 110 U. S., 662; Commonwealth v. Kitchen, 141 Ky., 657; In rc Coy, vidual rights and the preservation for each person of a choice 127 u. s., 743'.) between right and wrong. It has been held by the court that persons owing duty to two- sov ereignties are amenable to both, Justice Grier in rendering this opinion A P1ffiAMIU Oil' LAWS WILT:. NOT ACCOMPLISH MORAL REFORM. said: lUy view is that a pyramid of laws will not accomplish moral " Every citizen ot tile United Slates is also a citizen of a State or reform. Uy·judgment is that prohibition by legislation, confisca Territory. He may be said to owe allegi;a.nee to two sovereigns, and may be liable to punishment for an infraction of the laws of either. The tion, and force wiD not benefit society. My opinion is that the same act may be an otfense or transgression of the Jlrws of both. eighteenth amendment violated the powers reserved to the sev~ · * * • That either or both may (if they see fit) punish such an eral States and established a dangerous precedent for the future. offender can not be c:Ioubted. Yet it can. not be truly averred that the- offender has been twice puni 11-ec:I for the same offense ; bt:tlr only that by STATE RIGHTS. one act he Jla.s committed two offenses. for each of which he is justly The United States Supreme Court in Crane against Campbell,. punishable. He could not plead the puni hment by one iDJ ball to a con- decided December 10, 1917, Two hundred and forty-fifth United viction by the other." Justice Hook in case of McKinney against Landon said: States, page 305, held that a" State has power absolutely to pro " It is no defense to a prol;':eeution for a violation of the antitrust hibit manufacture, gift, purchase, sale, or transportation of in laws of a State that the accused by the same general course of conduct to:xicating liquors within its borders witho.ut violating the guar- · has also violated the similar laws of the United Sta:tes, or, indeed, bas antt•es of the fiourteenth amendment." been p1lllished therefor." (209 ~d., 300, p. 807.) It has been repeatedly held tliat when the Government is given· juris- The United States Supreme Court in West Virginia ao-ainst diction over a subject matter it may enact laws to make its power effec- Adams Express Co·., Tw() hundred and nineteenth Federal Re tive. The Supreme Court said, in re Raher (140 U. S., 3~5}, that the Wilson .Act was "enacted in the exercise of its police powers." In the porter, page 794, held "That the Cengress ha:s power to outlaw case of H()ke against State it says: and exclude absolutely or conditionally from interstate com- " Congress may adopt not only the necessary but the convenient means merce intoxicating liquors." necessary to exercise its power over a. subject completely withln its power, and such means may have the quality of police regulation. The New York Court of Appeals in People against Wynehamer, * * • Our dual form of government has its perplexities. State and Thirteenth New Yod~ page 378", dedared unconstitutional ''·An Nation have different spheres of jurisdiction, as we have said, but it t .e: th ti f · t · d · " must be kept in mind that we are one people, and the powers reserved to- ac .l.Or e preven on o m emperance, po.upensm, an crrme, the States, and those conferred on the Nation, are adapted to be exer- passed April 9, 1855, upon the grounds tha:t it violated the pro- ·cised, whether inoependently or concurrently, to promote the general wei- vision in the constitution of the State which declares that no fa.IJ:7 .¥1;0~~!:r~~~~:;~;'~a~2;J :ie:cisgg 9t)~ State and Nation without person shall be-" deprived of· Iilfe, liberty, or property without thls provision in the eighteenth· amendment, It will not be b:indered by due process of Iaw" (which provision is similar to that of the having the authority for the exercise. of the power written in the Con,_ fifth amendment of th~ United Stutes Constitution), inasmuch as stitution. It is manifest from this and other de~ons that the court is the a:et did not discriminate between liquors existing when it ~~~~;~~~a~~~~. toT~~~e~~~ ~~f~= ~:,n x!~~e s~: took· effect as a law and such as might thereafter be acquired by culty in sustainlng laws under this "coneurrent p-ower" clause than Iimportation or manufacture. tate couxts find in sustaining laws which give "concurrent power: •• to, This. decision was eited and followed by the New York Court ~ ~~~~~~~~ Fur~s~i~{fot; ~g~~f ~ds~[at: ~~s~ =rg~n.f:! of Appeals in its decision of October, 1918, in Fougera & Co. law. - agrunst the City of New York, where it held invalid an oru'inance 1919. CONGRESSIONAL RECORD-HOUSE. ~471 prohibiting the sale of patent or proprietary medicines in the NOT NARROW-MINDED ABOUT TTIE SiTI;ATIOX. citv of New York unless the names of the ingredients of every I am not narrow-minded about the ·ituatioh. I have · no such medicine be registered in the department of health, where sympathy with that mental attitude of the champion or op it VINDICATION WILL Blil WON. St. Timothy's Church of Brooklyn, speaking through the rec Those of us who as a matter ·of conviction believe that this tor, Rev. Charles E. Taylor, forwarded me on June 3 this mes legislation is wrong in principle have still the right to assert our sage: honest convictions in the hope that later on vindication of oru· I strongly commend your action in Congress in re prohibition, but you _present position will be won, and in the meantime we will have are marked for slaughter by the antisaloon forces. You will win. the satisfaction of performing our duty as we conceive it, even Henry Ward Beecher once remarked: ·though not voting with the majority of this House. If you say to me that I ought not to drink perhaps I would agree with you; but if you tell me I must not drink, I will drink, because I THE FOURTEENTH"AND FIFTE.ENTH AME"!\"l>MENTS. have a natural right to do so--to drink what I please. We have heard much said that it is no longer a matter of The Rev. Dr. Lyman Abbott once said: t opposition to prohibition legislation, but that loyalty requires Personally, I have entire respect for the total abstainer who really f the giving of our approval to the eighteenth amendment. In this does abstain, and also respect for the one who believes that it is legiti 1 connection I might say that we have long had as a part of the mate to use wine in moderation upon · the dinner table; but I find it :- constitution the fourteenth and fifteenth amendments, which are very difficult to maintain respect for the total abstainer who banishes wine .from the dinner table and then drinks out of a bottle from the ' best known for the failure to enforce them, 1l.lld it does seem to closet between meals and calls it medicine. .About such a one there me appropriate at this time that we might well give our atten appears to me a rather serious deficiency, which it is charitable to hope tion to the enforcement of the fourteenth and fifteenth amend is intellectual rather than moral. Such imbibers are often entirely ments. hone t, but they are easily deluded. Amendment 15 provides: USE OF LIQUOllS FOR MEDICINAL PURPOSES. The right of the citizens of the United States to vote shall not be denied It is to be observed that the eighteenth amendment only pro or abridged by the United States or by any State on account of rnce, color, or previous condition of servitude. hibits the manufacture, sale, and tra)lsportation of intoxicating liquors for beverage purposes. There is no prohibition against DEMOCRACY VERSUS DICTATORSHIP. the manufacture, sale, and transportation of intoxicating liquors l\ly view of a democracy is that the individual is only required for medicinal purposes. It requires very little stretch of the to sacrifice such privileges as are essentia:lly necessary to be imagination to look forward into the future and to observe if sacrificed to protect people in a state of society with 1·eference to the prohibition program is to be persisted in, the vast abu'ses their lives, liberty, property, and the pursuit of happiness, and that will grow out of the drug-store liquor traffic. that anything beyond this tends toward the creation of a dicta torship and should not .be allowed. rRACT~C.!.L REFORM TRE llEMED:r FOR EXISTING EVILS. We can not afford to establish an organized minority to act as It is undoubtedly true that many of those who have be n en 1;he ·czar of this country. gaged in the selling or dispensing of alcoholic be>erages have MAJORITY SHOULD RECOGNIZE THE RIGHTS OF THE 1\IINORJTY. never taken into consideration the great trust imposed in them, Even a majority should not willfully override the rights of a but legislation could be passed to remedy this situation. It minority. If the democracy of this country is to remain well would have been a practical reform if some of the vast ex balanced the majority must always have a due regard for the penditures made in the effort to accomplish prohibition could rights of the minority. They may have the power, but they have have been used to provide safeguaTds and protect the public no moral right to regulate what the minority shall drink or eat, against inferior goods. Proper governmental supervision and or the clothes that they shall wear, or the church they shall stricter regulation would have protected the public against the attend. existing evils and have established the highest standard of In a despotic form of government the majority might force its purity for the beverages consumed. will upon the minority and attempt to regulate religion, the PROHIBITIO:.'i IX VIRGINIA AND ELSEWHERE. clothes to be worn, and the food to be eaten, but we hardly expect The following extract is from the editorial columns of the such to be the practice in free America. Charlottesville (Va.) Daily Progress of April 3: Hundreds of thousands of employees are being thrown out of in Drunkenness is not the only e-vil of mankind. It is possible for employment an attempt to -establish prohibition which is not some things to be quite as bad, if not worse, than even the violation likely to proru'bit, and if it does is bound to create evils of its of the liquor laws ·of the State. It has been held for· years in Virginia, own. and for the most part by the common law, that no officer could arrest PROHIBITION A MORAL ISSUm. an offender without a warrant, except in case of a felony, or unless thE' misdemeanor was committed in his presence. If the reports are In my opinion prohibition is purely a moral issue, and not true, men against whom there is no suspicion are held up and searched, within the sphere of legislation upon any grounds other than for and women on Pullman trains are awakened by flashlights in the hands of officers and at the point of a pistol are compelled to submit to a rev~mue, the regulation of the police power of the States, and in full investigation of the contents of their traveling bags. war times for the conservation of food. It being a moral issue, So gross has been the conduct of these official " thugs" that a sincere advocates of prohibition should ·confine themselves to an mayor of a No1.·th Carolina city has appealed to the director of railroads and to Gov. Davis for the protection .of the women of his State while appeal to the conscience and the morals of the individual, and pa ing through Virginia. Following upon this comes the seemingly they will find sooner or later that to pursue any other method well-authenticated report that a casket containing a corpse was broken will prove a boomerang, and their cause will be injured thereby open by prohibition officers in southwest Virginia a few days ago in their zeal to convict some unknown person of shipping whisky in a rather than helped. coifin. This "strict and limitless enforcement of the law may be the CROUCHES AKD MINISTERS. only way to break up the illegal traffic. If it is, God save the Common One of the churches in my congressional disiTict, through its wealth!" official board, recently voted to express its opposition to my Commissioner Bird S. Ooler, of the department of charities, stand upon this subject " in disregarding the sentiments of the New York City, says: vast majority of the Protestant church members of his [my] Sin.ce prohibitive restrictions and prices have been placed upon district and in giving support and encom·agement to the saloon whisky there has been a marked increa-se in the drug victims at the cit)·'s hospitals, and Health Commissioner Copeland says that prohibi an<.l th~ brewery sympathizers." tion will bring about a condition in New York conc~rning the drug M:y answer has been made to the per>erted characterization traffic which the most conservative citizen may well contemplate with of my attitude as supporting the saloon and the brewery sympa concern. The same is true in other States where pTohibition is already in full force, and as yet no effective plan has been devised to meet this thizers. new form of eviL The advocates of prohibition are destructive, not I am not bigoted, and am one of those who believe that the constructive, in their ideas, and no help need be expected from them. question as to whether a man is a Catholic, a Jew, a Protestant, It is well I..'"Ilown that within recent years, and notably within the last 19 or 12 years, the area of territory in the United Stntes ol America or whatever else he may happen to be do s not enter into the under local or State prohibition laws has considerably increased; but, proposition. The attempt to make a religious alignment is to strange a.s it may appear, the consumption of alcohol during the same my mind another -one of the un-American features of the whole period has not diminished, but right up to the war it actually increased. The actual position is shown very clearly in the fact that whereas in proposition. I challenge the statement that a majority of the the late nineties the people of the United States consumed on the aver Protestant· church members in my district are oppo ed to the age less . than one-half of the amount of absolute alcohol consumed per action taken by myself. The best proof of that fact is that in head in the United Kingdom. in the five years preceding the war the average per capita consumption of the United States rose to nine-tenths my last campaign for reelection to Congres , not only in the of the average British consumption in the same period. · During the war very church which afterwards passed the resolution mentioned American consumption has exceeded British consumption. (Page 7, but in answer to a communication from the Kings County com State Purchase of the Liquor Traffic, by Ronntree and Sherwell.) mittee of the Prohibition Pn..rty I informed them all, well in The Washington Star of May 19, 1919, contained the follow advance of the election at which I was successful for the third ing .statement; time, where·I stood. At the primary preceding the said election Harry W. Mager, Qcting chief revenue agent of the bureau, declared I was nominn..ted on the prohibition ticket .and promptly declined that illicit drug traffic and use was notable in prohibitive terdtory; ac cording to report received by him.. He accounted for this by the it. I had also voted in Congress n.o.oninst the submission of the explanation that some traffic channels of "wet goods " had switched to proposed prohibition amendment to the Constitution. the illicit traffic in drugs. 1919. CONGRESSIONAL RECORD-HOUSE. 2473 In an article in the Ne'Y York Sun of April 23, i919, ex-Sena He said- tor Chauncey Depew is quoted as saying: has brought to a climax the opposition to it. Now that. the war is over, the antitobacco mavement will be pushed vigorously. I understand that prohibition works well in Kansas, but in the dry The greater part of the prohibitionists will fall in line. States I have visited the conversation was all about how to get around 1' believe a n-ational amendment prohibitin-g the use of tobacco in any the law and which of the many recipes for home manufacture was the fo.xrm will be adopted within two years. best. • Let me read some poetry composed by one of my constituents : SOCIAI.ISM• Ex:-Representative.Martin Dies, after a service of 10 years in PROHIBITIO::\'-PLAI~ L.A .-Gl::.WE FROM "TUG':J:HFUL DILL.'' this House, during the last session of Congress, when he was You may make your cracks at the jumping jacks, retiring from this body, addressed this House, and in part said: Who bow to their venal gods ; You may have your fling at the guys who sing, You have· taken the fairest and best Government ever know.n among With their souls in their money wads ; men, and you are making it into the most despicable socialism. But I want to say in the plainest way You took the American people at a time when they believed they could '.ro the folks who shout and kneel, support themselves and their Uovernment, and yon are teaching them With upturned eyes, looking saintly-wise. hour by hour and day by day to expect that their Government shall But cold as a gouger-eel suppod them. That they'll never reach, though they pray and preach No. You will not help the people unless you tell them that the Gov And gush like a waterspout, ernment has but one duty to the citizen, and that is to protect his life The golden gate, where the angels wait and property and give him an equal and fair race in the world. With a smile for the " down and out,.; Are you teaching him that the duty of the Government is to help him? Though I toil and slave, I can never crave My beloved country l I do not know, we are losing the greatest Republic The wage of a hypocrite. ·the world has ever seen. Though the law has passed, may it be the last Where the cranks shall have their way, To my mind these remarks apply with equal force to the And freeborn men must stand aghast. launching forth of this Government in- a paternalistic prohibi While fancies rule the day ; Should the land go dry, they may soon descry tion effort to regulate the moral conduct of the people of this The voters' gathering storm, country, where it is not essentially or fundamentally necessary Which will choke their spout and put to rout to These gargoyles of reform ! so to do, maintain the GoYernment, the rights of the individual, and of society. 1!/ENVOI-"l'HE SOLDIE11 TO THE SLACKEn. The whole pPohibition program is making for socialistic gains There's a world of cheer in the foaming !Jeer in this country. With confid.ence shaken in representative gov- And the warmth of the bubbling wine, Yet you seized the chance, while we fought in Fntnce , ernment by its socialistic and paternalistic tendencies the people And broke th-e Hunnish line. · will grasp at straws in an endeavor to save themselves. T~e To repay our zeal with a base. appeat one competitor in the field appealing for support and ~otes IS To cant and bi.,..otry, And to mock right'i's cause with your slackl'r laws, the Socialistic Party, unless you take into account a ,...-orse While we bled to kee{> you free. evil, the activities of the anarchists, the Bolsheviki, and the K. -By W. W. Elsworth, 144 Decatur Street, Brooklyn, Y. I.W.W. . LOSS OF REVENUE. The champions of personal liberty are standing fairly and There will be a loss to the Government of more than $500,- squarely upon the merits of their appeal, and are asking for a 000,000 in reYenue per annum. referendum vote of the people, and they want nothing to do wit1l I. Rl'lFERENDUl.\1. the Socialists Bolsheviki, and the W. W., and while the Anti Saloon Leag~e, in its usual fashion, will attempt to handicap The only solution of the whole proposition, in order to give the forces favoring the preservation of personal Uberty by the people a fair chance, is to. resubmit the question of prohibi charging the responsibility fOT the same· at their door, it will, tion to a referendum vote. If our faith in repre.seutative gov in fact, be the result of those forces which have attempted to ernment is to remain un.questioned, the Congress of the United States and the legislatures of the several States should not invade the rights of the individual. be unwilling to have their action submitted for public approval. THE UPr.IFT MOVEMENT. I am at a loss to understand why people, whether they be '\"i'e must not deceive ourselves here, or at any other time, that lieve in prohibition or otherwise, sho1lld be unwilling to favor the movement for prohibition has been entirely a rigl1teous the adoption of an amendment to our Federal Constitution which cause. We are compelled to recogn~e that selfish interests exist will obtain for the people of the United States the privilege of back of the whole propaganda, that the campaign was \\:ell voting directly upon the prohibition proposition. financed. and the accounts of the moneys received and expended There are many who believe that our system of representative have not so far as I am advised, ever been publishced, and it government did not truly express the wishes of the people as would be'very interesting reading, indeed, if the light of publicity to the eighteenth amendment, and in order to. settle the proposi could be thrown upon the ...-ast receipts and expenditute.s of the tion in a most satisfactory manner I believe that such a referen Anti-Saloon League of this country. dum v-ote should be had. The Anti-Saloon League has an organization apparently most You will remember that not many years ago it was· tbougbt potential and is conducting ~.n extensive a~ intensive pr?pa; that the selection of United States Senators by the legislatures ganda. Recently they orgaruzed the "Worlds League Agamst of the several States was not truly representative of the seati Alcoholism." They have expended large sums of money in sup ment of tlle pe-ople of the .respective States, and the Federal port of their dry pFopaganda, and more than once it has been Constitution was amended to p:tovide for the direct selection of intimated that pledoooes have been asked in advance from candi United States Senators by the people. dates for election to Congress. In the last Congress a re olu SOLDIERS. tion was passed to investigate the activities of the National It was not long ago whE-n our soldiers, sailors, and marines Securities League in connection with the election of Members were h·aveling overseas heartily singing the song: of Congress, and it seems to me that a similar investigation should be had with reference to the activities 1n congres ional Away, away, across the seas To nght the fight of liberty ; campaigns of the Anti-Saloon League. We'r~ on our way to Germany; WE WILL UPHOLD THE LAWS WHILE WORKING FOR A REPlU.(.. We're going to lick the Kaiser. As good American citizen , loyal to our country, we will ·up And after they were gone, and while they wen~ engaged in port all prohibition laws but at the same time ex:erci e our going "over the top," America permitted an organize-d minority equally fundamental right as Ameriean citizens to work for tlte to put prohibition over on thcem. repeal th.ereof. In support of this right we have no less an There were 4,000,000 of our soldiers, sailors, and marines in authority than the Coll:Stitution itself and ex-President John the service oYer there or in this country ready to go ove-r there, Adams, who, after serYing as tbe Cb.ief Executive of our coun and they bad no \."Oice upon this important p:mposition. This, try served in the Congress of the Uruted State , where he adv-o therefore. is another reason why the wbole proposition sh-ould ca·t~ it to be his duty to present all :petitions coming from his be submitted anew to all the people of this country. constituents, even if they went t() the extent of changing the SMOKING. form of the Go\ernment. If the drys succeed now, the antismoking crusade is the next! WO~IAX'S SUFFRAGE. to be launched. Recently Prof. Frederi<;k W. Roman, of the In the last Congress, and again in thi-s one, I voted to· submit department of economics of Syracuse University, started a gen an amendment to the Constitution conferring the right of woman eral movement for a Federal amendment prohibiting the use of suffra "'e. 1 belieYe that the wome-n of tl':us country will e:s:e-r tobacco. The mov:ement, he said, will be kept in abeyance dur- cise the- franchise with due toleranee for the rights of th~ indi ing the war for "patriotic reasons." · Yidual and not be unwilling to submit this entire probibiti.oo The liberal use of tobacco during the war- proposition to a referendum vote. 2474 OQNGRESSION AL REOORD-HOUSID. THE WORKUiGMA tedly contained no alcohol whatsoever, an<.l -,rhich was admit The fo ll owing is from a recent statement by Samuel Gompers: tedly a healthful beverage. It attacked the statute on the IXVADI NG A MAN'S HABITS. ground that it was unconstitutional and violated those pro It is not a question of right or wrong. It is not a question of visions both of the State and National Constitutions which pro whetht> r we approve or disapprove of beer or drinkjng. It is his habit. tected the citizen in his property from any unjustified action on And when you invade a man's habits, what happens"? You upset that the part of the State. It said that this statute was unconstitu man. You unsettle him. prooting ope habit uproots others. And you find tha t the mnn who was heretofore satisfied to labor as he had been tional because it barred nonintoxicating liquors, because it la boring, to go home nights and talk or r ead, becomes restive and dis baned liquors which contained no alcohol; that the power of contented. I nstead of sitting down to rest and read, he restlessly goes the State extended only to barring tho e liquors which were out into the str£et. There be meets other men, restless a nd unsettled like himself. And intoxicating-the same argument which is made here under in the rubbing t ogether of their mutual grievances there are sparks and the terms of this amendment. This case finally went to the sometimes fire. Supreme Court of the United States, and it held that Mi sis I have heard it stated, and I believe jt, that the birth of the Bolsheviki was in prohibition. Ha rmful as vodka was, it enabled the Russian sippi, by virtue of its inherent authority as a sovereign State, pea ant to find sm·cease from the dull monotony of his life. Without had plenary power over intoxicating liquor-over nothing el e. it he founu only trouble and torment and the desire to t ear down that Everything but intoxicating liquors was protected by the con which he can not r ebuild. And to-day Russia lies bleeding, tortured. It was t oo big a price to pay. stitutional provision, both of the State and National Constitu It is t ime for a ll of us to recognize the fact that a thing like prohibi tions, which protected property. nut, notwithstanding that fact,. tion can not be a ttained by E xecutive decree. they said Mississippi, by virtue of its inherent authority and It c~ n not be pounded, with heavy hand, from the top downward. It must, like democracy, f!ow from the bottom upward. sovereignty as an independent State, had the power to bar intoxicating liquors, and having that power, she had the right Distilled liquors and wines have been stored in wholesale to pass any measure that made that power effective, and she fa hjon by private citizens throughout the United States, but ~ad the_ right, in order to prohibit intoxicating liquors, to what about the workingman and the people of small means wb,o mclude liquors which were nonintoxicating. The Supreme Court can not afford to follow this procedure? upheld the statute and said it was not unconstitutional, eithel' The workingman of this country has repeatedly shown his re as violative of the fourteenth amendment to the Constitution sentment against legislation which interferes with the use in of the United States or as violative of any provision of the State moderation of intoxicating beverages. During the war labor constitution placed there to protect citizens in their property. throughout this countl·y supported its vigorous prosecution and ~Now, a distinction is sought to be made. It is argued by the contributed most materially to its successful conclusion. It is distinguished gentleman from Pennsylvania that here the most illogical, unjust, and improper that we should repay them source of power is a constitutional amendment, while there the with legislation depriving them of their personal liberty. source of .Power was the so-called police power of the Sta~e. CO~CLUSION. He did not show us why a distinction came from the difference, In conclusion I again urge that immediate action be taken but he said there was a distinction because there was a differ by Congress for a resubmission ·of the prohibition proposition to ence. the several States, with a provision that upon ratification Now, it does not make a particle of difference what the thereof by three-fourths of the States a referendum vote shall source of the power is. Mississippi had the power to prohibit be had along the lines of House joint resolution No. 'i', introduced intoxicating liquor by virtue of its inherent sovereignty. by myself on the first day of the present Congress. [Applause.] The CHAinMAN. The time of the gentleman from Missis Mr. VOLSTEAD. :Mr. Chairman, I yield. 10 minutes to tht;; sippi has expired. gentleman from Mississippi [Mr. VENABLE]. Mr. VENABLE. Mr. Chairman, may I have five minutes more The CHAIRMAN. The gentleman from Mississipvi is recog in which to finish? nized for 10 minutes. The CHAIRMAJ.~. Is there objection to the gentleman's re Mr. VENABLE. Mr. Chairman, the question has been argued quest? and has been put in issue here whether or not in the enforce There was no objection. ment of the eighteenth amendment this Congre s has the power l\fr. VENABLE. That was the source of the power, but the to prescribe that all liquor containing more than one-half of 1 power was to prohibit intoxicating liquors. Here the source of per cent of alcohol by volume shall be barred. It is my pur the power is a constitutional amendment which gives the United pose to discuss that question in the time I have, although it States Government the power to prohibit intoxicating liquors. will bring me in conflict with the position taken by gentlemen It is the same power to be exercised by the Federal Government of the committee and others for whose legal opinion I have the that is exercised by the States. And if it is a reasonable regula very highest respect. tion to ban nonintoxicating liquors as a means toward the end of It has been urged that the effort on the part of Congress, if banning intoxicating liquors on the part of the State, it is it should be made, to :fi.x the alcoholic content of liquor would equally a reasonable regulation on tP,e part of the Federal Gov be an effort by Congress, a legislative body, to construe and ernment; because it has been held that it is a reasonable means interpret the language and the terms of the constitutional pro toward the end sought. vision, and it is urged that since the Legislature has no judicial I am not talking about the wisdom of the legislation. I am function, it is without power to define alcoholic liquor as con talking about the power which this Congress has to enact it. tained in the amendment, because our Constitution divides the If it is a proper exercise of the power to bnr liquor thnt has no Government into its several departments, the powers of which alcoholic content at all, it is certainly within the jurisdiction of are exclusive each of the other. This position is undoubtedly the Congress to fix the alcoholic content of liquor. correct. Now, once more the point is made that Congress and the sev This Congress can not construe the meaning of the words eral States shall have concurrent power, and it is urged that " intoxicating liquor " as used in the eighteenth amendment. that means that each one must pass the same lnw, and it is But that is not the question here. The question here is whether pointed out that it would be a legal absurdity if the State should or not as a reasonable regulation, in order to carry out the have one statute with one penalty and the Federal Government eighteenth amendment, we can bar liquor which is admittedly should have another statute with another penalty. I merely nonintoxicating. wish to submit to you that that is not a legal absurdity at nll. Now, there are two sources of power. One source is the power Each is given the power to pass legislation to enforce the first inherent in the Government by virtue of its sovereignty. The section. So the statutes, both of the Congress and of the States, Congre s has no power of that kind over intoxicating liquor. must have a reasonable relationship to the accomplishment of The second source of power is a special grant by the States or that end.. The State passes a law and the Congress pas es the people; and here we find the justification, because the eight another law, each having a reasonable relationship to the ac eenth amendment in its second section specifically grants to the complishment of the end sought.. ¥y citizenship is dual. I owe Congress the power, by "appropriate legislation," to enforce the allegiance to two sovereigns-one my State and one the Federal provisions of the first section. "Appropriate legislation " neces Government. If I violate the State law, the State law punishes sarily means that legislation which is reasonably necessary to me for a violation of its sovereign will. If I violate the Federal carry out the directions of the first section. law, the Federal law punishes me for violating its sovereign Now, this question is not a new one. The same question has will. The two do not conflict. arisen in the past, and reference has been made to the Poin We have an illustration of this dual sovereignty. I go to setta case from the State of Mississippi. Mississippi had a your city and shoot at you on the street. Your municipal au statute prohibiting the manufacture of malt, vinous, spirituous, thorities take me and try me under a city ordinance b ecau~ e I alcoholic, or intoxicating liquors, and you will notice that under have violated a law of the sovereignty of the municipality, the terms of the statute that all malt liquors are prohibited, and I am punished under that. Immediately aftcrwnn1 l'l t he whether intoxicating or not. The Poinsetta 1\Ianufacturin~ Co. Stnte authorities ~e t me, 0 1· I r m infli<.: te<1 by n ~r n n d ,i nr;\- :-.n<1 manufactured a drink which was a malt drink, but which :ulmit- tried in the St:-:tc c;:crt t:!:t:e:· a <; i r:e.l'ilt ::; ~::L : ; c \'.'i.ll t: i r!'c! t•ut 1919. CONGRESSIONAL RECOR.D-HOUSE. enalties for a violation of the sovereignty of the State, an·d ceutical, scientific, sacramental, mechanical, culinary, flavoring, or toilet P preparations. which may contain such percentage of alcohol as may be there is no inconsistency in the provision, but the courts sustain necessary to extract or hold the constituents in solution, preserve the such action daily. [Applause.] prepal'ation, or keep it from freezing; provided, however, that no such l\lr. IGOE. I yield 10 minutes to the gentleman from 1\Iacy- preparati-on shall be manufactured, bought, sold, or dealt in for use as an intoxicating beverage. •• land [Ur. BENSON]. Best attorneys he has consulted insist that without some such provi- l\Ir. BENSON. Gentlemen of the committee, I expect to speak sion the flavoring extract business will undo"U.btedly be prohibited since "th f ti ,, · · f th" bill and not leading manufacturers claim that as yet the successful manufacture of1 WI re erence to one par Cluar proviSion ° IS flavoring extracts is dependent upon use of alcohol, and there is no with reference to· the bill generally. known method to make them nonpotable. I presume that those who are fathering this meas"':lre do not We are inclined to believe that this suggestion is reasonable_, and we inte-nd or I) I'OPO~ e to put out of business fill'' le"'itimate industry urge your careful consideration for the protection of these mterests. · J ~ Please wire fully immediately Centenary Office, Fair Grounds, your atti- that is not the business of furnishing alcoholic beverages. To tude o~ this point. pro'"e that this is so, section 4 of the bill, on pages 9 and 10, JAMES CAN ·oN, Jr. contains several exceptions with reference to denatured alcohol, En.NEST H. CHERRIXGTO~. medical preparations, patent medicines, toilet articles, flavoring Now, I want to call attention to the bad construction of these extracts, vinegar, and so forth. In all of these first provisions sentences. Nonpotable means nondrinkable, and if it_ does not the language of the bill origin...'l.lly introduced used the words that mean nondrinkable, I would like to have some one tell me what this act shall not apply to these particular articles provided they it does mean-to say that flavorfug extracts may be mad~ ~~e were nonpotable and incapable of being used for intoxicating they are nonpotable and ineapable of being used for intoxicating beverage purposes. All of those exceptions were changed except beverage purposes, and then the chairman says that intoxica~g 1 the one with reference to flavoring extracts. A, B, C, and D were beverages have a distinct meaning, that the beverage means all made to read "nonpotable and unfit for beverage purposes." semething pleasant to take. It does not say nonpotable or in The one with reference to flavoring extracts is still in the bill capable, and so forth; it says they must be nonpotable and "nonpotable and incapable of being tLsecl fot· intoxicating bever- incapable. In other words, if nonpotable is .nondrinkable you age purpo ~ es." can not u-se them. It says in one place you can manufacture Now, the distinguished chah·man of the committee stated the them, when actually you can not. other 1\lorall:y, socfal1y, and economically the liquor traffic was found any other society organized to oppose the saloon or to advance guilty, and the pas age of the so-called war-time prohibition act, prohibition. But let me say to you that even if all that the gen as well as the submission of the amendment to ·the Constitution, tleman from North Carolina said roncerillng the Anti-Saloon. was, in my judgment, a deliberate expression of the great ma ·Lea·gue be tl'ue, ·it is apparent that they are not the only jority of the people of this country that this traffic must not offenders. stand upon the order of going, but go at once. I hold in my hand a printed communication that I presume In.other words, having tried pretty nearly every other method bas come to other Members of Congress, as it has come to me of control, and having found them all ineffectual, the American within the last few weeks. It bears the union label and appar people bad adopted Lincoln's conclusion expressed at Springfield, ently has originated with some organization that is active in Ill., in 1853 : creating sentiment opposed to this bill. I have myself received " The most effectual remed37 would be the passage of a law five of these cards within about a month. They are all exactly altogether abolishing the liquor traffic. There must be no more alike except for the date and the name and address of the signer. attempts to regulate the cancer; it must be eradicated." The one I have here purports to have been signed by one Joseph Gentlemen complain that the legislation proposed here is Desmarais, address 114 North Church Sh·eet, Manchester, N.H., "dr.astic" and "radical." As a m.atter of fact it is no more and reads as follows : drastic and no more radical than legislation now to be found [Form of communication to United States cnators and Members of upon the statute books of more than 30 States of this Union. Congress.] In many respects it is less drastic and less radical than is this State legislation. . To be sure, it does undertake to make effec Date ----, 1919. tive tp.e great purpose of our people in passing the war-time pro Hon. SHERMAN E. BURROUGHs, M. C., hibition act and in ratifying the Federal amendment; that Washington, D. 0. is to say, it does represent an attempt, to use Lincoln's phrase, DEAR Srn: The eighteenth amendment to the Constitution of "to e.;:·adicate the cancer." This bill is designed to make the the United States deprives the citizens of this Republic of a former legislation effective, and it will fail in its purpose if it personal right and a personal liberty. does not succeed in doing that. If one right and one liberty can be taken n.way by constitu All this talk about "freedom" and "personal liberty," con tional amendment, what is to prevent others being taken away sidering the source from which it comes, is, to my mind, simply by the same method? ridiculous. Ever since the days of Madam Roland liberty has I am sternly and irrevocably opposed to tile taking away of been made to cover a multitude of sins, itself a robe of purest any of the natural and inherent rights of free men by amend whiteness thrown over the shoulders of iniquity. I believe in ment to the Constitution of the United States. freedom and the liberty of the individual. It is upon that basis Therefore I am sternly and irrevocably opposed to any bill that we have completed the fine and noble structure of our passed by Congress providing for the enforcement of the eight American Government. But I confess I am not greatly im eenth amendment until such time as the United States Supreme pressed when I hear the mouthings about liberty uttered by some Court has said that the amendment is legally a part of the of those who are most prominent in the public eye to-day. When fundamental law of this Republic. I read of the murder and rape and all the other brutal and Therefore I shall be sternly and irrevocably opposed to you wanton crimes that are being committed to-day by the Bolshe or any other l\Iember of the Sixty-sixth Congress who votes in vik! in Russia, the fine phrases of Lenin and Trotski about favor of any bill providing for the enforcement of this amend "liberty" do not greatly impress me. And here in our own ment. Furthermore, I demand that you use every effort in your country every socialist, I. ·w. \V. advocate, every anarchist power to repeal, on or before June 30, the so-called Sheppanl and proenemy sympathizer, every bomb thrower, and every amendment to the Agricultural bilL You have only to rend the enemy of American institutions justifies, or attempts to justify, language of the Sheppard amendment to be convinced of its pres his wicked thought and his traitorous act by an appeal to ent iniquitous absurdity. If such an amendment were offered "liberty." at the present session of_Congress, it would ·be almost unani Mr. Chairman, liberty is indeed sacred, but it is not a whit mously defeated, because the occasion for it no longer exists. more sacred than its limitations in the common inte-rest. In If it could not be passed now, it ought not be enforced now. my judgment the safety and welfare of society is quite as im ~ JOSEPH DESMARAIS, portant as the "liberty " of the brewers and the saloon keepers 114 North Church Street, Manoltester, N.H. to manufacture and traffic in alcoholic liquors. [Applause.] Who are the people, anyway, who are protesting against this You will note that this communication is an argument against the eighteenth amendment to the Constitution of the United legi~lation as being "drastic," "radical," and contrary to the· principles of our Government? Who are the people that are writ States, and says in so many words that "it deprives the citizens of this Republic of a personal right and a personal liberty," ing us ~d sending us petitions and telegrams to vote against this bill'! 'Vould you say that the great moral forces of the to which might be answered, so does the amendment against Nation are arrayed against this legislation? 'Vhat Member of slavery. That, too, deprives the citizens of this Republic of this House has received resolutions passed by any church or what was up to the time of its passage considered "u. per onal ganization protesting against this bill? What educational or right and a personal liberty." philanthropic society in America has taken a stand against it.? This card says that the signer "shall be sternly. and irrevo How many ·wives, mothers, sisters, and sweethearts have written cably opposed to you-me-or any other Member of the L~ty letters to l\fembers of this House protesting against the passage sixth Congress who votes in favor of any bill providing for the of this bill? [Applause.] If any Member of this House has enforcemPnt of this amendment." received any communication of this character I would be glad Talk about the Anti-Saloon League, Mr. Chairman. I under to yield to him such time as may be necessary for him to make take to say that no more brazen and barefaced attempt was the fact known. Much has been said about the opposition of the ever made to frighten and browbeat the American Congress soldiers to this legislation and the charge has been made broad than is disclosed in .the communication I have just read. I cast over the country that something has been " put over on have never answered it or any of the others like it that came to them" while they were fighting to preserve our country's prin me. I answer it now, however, from my place in this House ciples in Europe. I do not know how it may be with other by reading it into the RECORD of the House, and I say to the Members, but so far as I am concerned I have not received a gentleman who signed it and sent it to me, as I do to the others single protest from any soldier, whether returned from service who have sent me similar communications, that the eighteenth abroad or still in his country's service overseas. It is no doubt amendment to the Constitution of the United States was adopted true that many of them are not in sympathy with this legislation, by 45 States of this Union according to the method laid down but that there is any widespread and outspoken opposition to it in the Constitution itself providing for its amendment, and from this source I deny. Certainly up to date I have no evi that if he intends to be and remain an American citizen, the dence that such is the fact. only decent, honorable, and safe thing for him and the organiza No. The fact is, and we all know it, that every organized tion back of him to do is to obey the terms of that amendment association or society that stands for the well-being of the com as a part of the supreme law of the land. I say to him further munity, that stands for law and order, the elimination of waste, that if he and the men or the organization back of him that &nd for moral, social, and civic betterment is strongly in favor printed this circular and are promoting its signature throughout of the passage of this legislation. [Applause.] the counh·y put so cheap an estimate on the American Con A day or two ago the gentleman from North Carolina [Mr. gress as to think that its Members would be influenced in the S?>rALL] spoke in most sarcastic vein of the activities of the Anti slightest degree by such language and threats as are conWned Saloon League in promoting the passage of this bill. I hold no therein, it is time for him and all like him to go back to the brief for the Anti-Saloon League or any of its officers or mem counh·ies from whicll' they came. We do not need them nor . ~rs. I am not connected with it, directly or indirectly, nor with desire them here. So far as I am concerned, and I think I • 1919. CONGRESSIONAL RECORD-· HOUSE. 2477 voice the sentiment of all Members of this House on both sides "In trying to comprehend the legislative purpose in prohibi of this Chamber and on both sides of this question when I say tion statutes, it is important to remember that the ultimate end it, I utterly refuse to be coerced or browbeaten or influenced sought in prohibition legislation is not the prevention or restric in the slightest degree by any such insulting and scandalous tion of the mere sale of intoxicants but the prevention of their communication as this. If I knew that my seat in Congress consumption as a beverage." · · depended upon this man's vote, I would resign to-morrow before 2. It is notoriously true that whenever and wherever legisla I would cringe to him or to the organization that is back of him. tion prohibiting the sale of intoxicants is sought to be enforced, And this is not the only instance of attempts to threaten and every trick, fraud, artifice, and subterfuge that the mind of man coerce the Members of this Congress against voting for this legis can conceive or invent is bound to be used as it has always been lation. Only two or three weeks ago a widely advertised "dem used under such circumstances to circumvent the law and render onstration" took place out here on the east front of the Capitol. its restrictive provisions null and void and of no effect. Every Metropolitan newspapers all over the country had widely pro body knows this, and our courts have taken judicial notice of it. · claimed that fully 150,000 people would on that occasion march My understanding is that Congress has full power to adopt any through the streets of ·washington and appear on Capitol Hill to measure or means that it shall consider necessary or convenient show the Congress the strength and extent of the feeling against in order to make this prohibition effective. All that is necessary prohibition. is that the means or measures provided shall have some reason As on some other occasions, the result did not quite come up able relation to the end sought, and not be purely arbitrary. to the manifesto. Instead of 150,000 there was a bare 3,000, Justice M:cReynolr!s, in rendering the opinion in Crane v. including musicians, stragglers, and curiosity seekers. This Campbell (245 U. S., 304), said: meeting was supposed to be a " monster demonstration " or the "And, considering the notorious difficulties always attendant laboring interests of the country in protest against national upon efforts to suppress traffic in liquors, we are unable to say prohibition. Samuel Gompers, head of the American Federa that the challenged inhibition of their possession was arbitrary tion, undertook to speak for 3,000,000 members of organized and unreasonable or without proper relation to the legitimate ... labor in this country. I deny that in what he said he did in legislative purpose." fact represent anything like 3,000,000 members of union labor In a comparatively re_cent case, Purity J "We had a little temperance party of a thousand or two "The Norsemen discovered America before Columbus did, but which often held the balance of power. They were really. God's America-didn't stay discovered, so that it has turned out that elect, but generally helped the Demo'crats, because the Reimbli· Columbus discovered, as an incident to his discovery of America, cans were a few hundred the most numerous in the State. The the Norsemen themselves; and but for Columbus ( ~r some other older ones bossed things. But several of the young ministers real discoverer) the Norsemen would not suspect that there was and friends led by them rebelled and voted for me without ask now or ever had been any such place as America at all. ing any pledges whatever-they just trusted me man fashion POINTS TO PRACTICAL FAILURES. and I was elected by 162 votes. "As you will say, there was the Washingtonian movement and " Of course, these men wanted no money nor reward of any much agitation upon the subject of temperance before the na l - kind. But I lmew who elected me. - Aunt Fannie was worried tional prohibitory movement was begun by me, but it is hardly almost to distraction lest I be defeated, but when she met me too much to say that all had practically failed, not even except the lust Saturday night before the home grapple at the polls the ing the Maine law itself. Something new had to be done. There nert Tuesday she was singing like a lark, so to speak. Aunt was the old Congressional Temperance Society. Rev. Dr. Chick Fannie had direct intercourse all her life with some Being on ering had the book. Daniel 'Vebster, I think, and many of the high, and knew what was coming. She didn't worry about the great temperance leaders of that day belonged to it, and so did election any more. But we worked right on and kept the district I. I have Father Mathews's silver banner presented to him by red bot under the snow. the ladies of Cork, blessed by the Pope and borne at the head of " It is only fair to say that the enthusiasm in my district temperance processions in our own country. · helped gi·eatly to arou-se the two other districts, although we lost "But all this is trifling now. An armistice is a great victory them, but we gained in the legislature and electe~ Gov. Cheney for the foe. Let us ''go over the top" with the needed prohibi by it, and that gave us, by preventing the cont~mplated Demo tory amendments covering all harmful drugs and substances, cratic fatal gerrymander of the State senatorial districts, our and perfect the constitutions of the whole world. Now is the necessary legislation and the five- presidential electors who accepted time! elected Hayes over Tilden via the electoral commission in 187G. "HENRY W. BLAm." If I had not carried my district Tilden would have been elected oyer Hayes by four undisputed votes in the Electoral College L ist of arrests as tabulated in each city for the last year under license probabli' many more. , and the first vem· under prohibition. , LICE:-lSE. VITAL PART OF HISTORY. Berlin------1,297 "This vital part of our political history bas never been half Concord ------500 told. It is high time to do it. The records prove it. New Dover ------444 Hamphire deserves it. Our national leaders well knew that the Franklin ------389 State \va lost in 1876 if I failed to carry my district in 1875. " I said that Aunt Fannie knew the result before the rest of us. Portsmouth------~---~:~~~ist~~-======~~======1,17&3,~~~ Bnt Col. Kent and I went over the returns with William Butter Somersworth ------~------178 field, Democratic secretary of state, and found out that her Total ------8,170 information was correct. I'm a little superstitious. NO LICENSE. " The young ministers didn't say a woed to me-kept on pray Berlin ------143 ing, I suppose. Concord ------117 · "'Veil, I thought it over for months. I knew that something Dover ------108 done for temperance would suit them best of anything, and per Franklin ------15 ~anchester------705 haps the Almighty Gou also, but what to do and how to do it Nashua ------346 without hurting the party was a poser, and I could not discuss it Portsmouth ------416 with party friends, for it would get out and I would be in hot Somersworth ------31 water and perhaps not ha\e pluck enough to do anything at all, Total ------1,881 and if I found out that I was a coward I could not 'live long with Decrease, 76 + per cent. myself. l\lr. VOLSTEAD. 1\Ir. Chairman, I yield one minute to the " Then I would think bow manly those young ministers had gentleman from Tennessee [Mr. SrM:s]. been, and I thought I ought to be as much of a man as a min Mr. SDIS. Mr. Chairman, I ask unanimous consent to extend ister is, anyway. Besides, I \Vas of n. temperance race, rather, my remarks in the RECORD for the purpose of printing, at least myself. I had been county prosecuting officer before the war in part, a speech I .made on the subject of prohibition in the and knew what a farce mere State prohibition is, even of the District of Columbia on the 26th day of May, 1908. I was then Neal Dow order, and I never had thought or heard of any na the pioneer of the movement in the District of Columbia. I tional connection with the traffic any more than in the transpor want to republish this speech simply to show conditions then tation of other ' goods, wares, and merchandise.' It was the as compared with conditions that now exist. business of the States, the demand was everywhere, and any The CHAIRMAl~. The gentleman from Te1messee asks unani single State, Territory, or the District of Columbia could supply mous consent to extend his remarks in the RECORD by printing the whole for home consumption and exportation. the speech indicated. Is there objection? COlliES TO Ullii AS A YISIO:-l. Mr. MOORE of Pennsylvania. l\Ir. Chairman, reser\ing the "Finally, one day \-rhile gaziug up the Pemigewassett Valley right to object, this was a good many years ago that the gentle to the mountains the whole thing flashed into my mind like a man made this speech. vision. I soon made a record of it almost word for word as Mr. Sll\lS. Eleven years ago the ~Gth of 1tlay. originnlly impre sed upon my mind. I concealed it from every Mr. MOORE of Pennsylyania. He was then a new and one nntil I arrived in New York, where I showed it confidentially bucolic Member of this House? to George N. Ste:u·ns, secretary of the National Temperance .l\lr. Sil\IS. Oh, I have been here now almost 23 years. I Society, and his able assistant. was not then a new :Member. " To them the idea of placing the traffic under the national Mr. MOORE of Pennsylvania. I wanted to ask whether he power seemed new and puzzling, and my proposed aJPendment holds the same views now in this rear of our Lord 1919 that he entirely ne\v and strange to them both. They neither approved entertained away back yonder when he was a new Member of nor opposed; they would think it O\er. I insisted on secrecy the House in 1908. · until I actuoJly introduced it. l\Ir. SIMS. But I was not a new Member then. "l\fr. Stearns published the amendment anu the speech accom The CHAIRl\IAN. The time of the gentleman from Tennessee panying and always stood by it after he had full opportunity to has expired. Is -there objection to the gentleman's request? examine it; and so of his able assistant. Mr. GALLIVAN. Mr. Chairman, reserving the right to ob f ' The original amendment and comprehensive sneech will be ject-- found in the record of House of Representatives, December, The CHAIRMAN. The time of the gentleman from Tennessee 1F~7G-its second section greatly enlarged the nower of the States has expired_ to prohibit also. Mr. MOORE of Pennsylvania. I \Yonld like to know whether " I never heard of any claim to the suggestion of prohibition the gentleman· entertains the !:_C:ame view now that he held then. by the Nation until recently. In fact, I found it to be exceed He has not answered the question. ingly unpopular for many y<'ars. The Good Templars were a Mr. SIMS. The speech will show. powerful and secret orp;nni,~:1tion, and individuals may have diS' Mr. MOORE of Pennsyly-anin. Has tbe gentlemnn c~:n nge<1 cussed all conceinlhle me1lw1:s of ~tate or 3ational action, and his front upon tbe subject? the right of petiti1111 j.· r ·1iyenml. Certainly nothing tangible was '.M:r. SIMS. No. ever done, if t!wt;;;ht d . Mr. MOORE of PennsylYania. 'i'heu I do ;wt oltject. 2480 CONGRESSIONAL RECORDJ-HOTJSE. JULY 11, Mr. GALLIVAN. Mr-. Chairman, rese:rYing the- right. to ob .. A nEAL TEMPERANCE ADVOCATE. ject, I want to know what position the gentleman.took in that , I 1iave been a temperance man since I sbed my pantalettes, speech: 'over 7o years ago. I have- never had occasion to use either , l\Ir. SIMS. I made a speech in favo-r· of. prohibition in the vinous or· spirituous liquors, either in war or peace, or in District of Columbia. political campaigns. r·do not know a Manhattan cocktail from Mr. GALLIVAN. Then I object: a segregated moonshine seismometer, now doing a sizzing busi- Mr. IGOE. Mr. Chairman, I yield. one-half minute to the ness in. prohibition Georgia.. I have never had a cigarette or 1 gentleman from Massachusetts [Mr. FITZGERALD]. a particle of tobacco in my mouth, and I never chewed gum. Mr. FITZGERALD. 1\Ir. Chairman, in the half minute Iwant I do not mention these. matters to claim any of the abstemious to say that Admiral Sims in a public speech within .a-month-- virtues, but as convincing evidence that I have a temperance · 1\Ir. MADDEN. Does. the gentleman refer to the gentleman record, tested longer by experience and age than any of these 1 from Tennessee [1\Ir. Snrs] who has just takenhls seat? self-glorifying regnants responsible for this bill. Mr. FITZGERALD. Oh, I said Admiral Sims. CAN NOT ~FORCE AN UNRIGHTEOUS LAW. 1\Ir. GALLIVAN. A real admiral. I do not believe you can make either men or women good by , 1\Ir. SIMS. A member of the Sims family. either law or force, but you can make men bad by law and force. Mr. FITZGERALD. That Admiral Sims, who did such won· I believe in Jeffersonian democracy-that all legislation should derfnl work in the late war, said he was proud of"England, be be enacted to promote the greatest good to the greatest number. cause England would not deny to its citizens personal liberty, I do not believe in enacting legislation to deprive whole com and.I think Admiral Sims-- munities of the right of self-government in order to promote the 1\Ir. MADDEN. How does the gentleman from Massachusetts weal of a minority of mental and physical degenerates. It has feel about England himself? [Laughter.].. been fully demonstrated by the -experience of nations across the Ur. FITZGERALD. Tliat is the best thing. I have heard Atlantic, and more.recently in our own United States, that this about England in a long time. class of conscienceless· irresponsibles when denied intoxicants Tl1e CHAIRMAN. The time of the gentleman from Massa have almost invariably become· "·dope fiends." We remember chusetts has expired. during the closing .days of the last Congress that the gentleman Mr. IGOE. Mr. Chairman,. I yield 10 minutes to the gentle from California [Mr. KAHN], the present distinguished chair man from Ohio [Mr. SHERWOOD]. man of the Military Committee of this House, stated that the re Mr. SHERWOOD. Mr. Chairman, this bill, in my judgment, cent draft of soldiers for the World War developed the fact goes beyond any legal or legitimate interpretation of the. prohibi that 81,000 young men of draft age were found unfit for tion amendment. u-· the prohibition amendment is held. to be military duty by our medical examiners because addicted not legally adopted by the Supreme Court, every Member of Con to the liquor habtt but to the drug habit. This statement, to gress· is bound by his oath of office to- vote-for a law to make it my knowledge, has never been· contradicted. It has been nu eff.ecti ve. But the attempt to pa s a Iaw to bar· from manufac merously intimated that this large class of degenerates were ture,. sale, and use ·the beverages· held by reliable medical ex found largely in States legally dry. perts and by high-class judges to be nonintoxicants is not only DOPE · FIENDS, HOW MADE. 1.mprecedented but unfair. Since the adoption of prohibition. in so many of the Southern I am just in receipt of· u prominent daily Ohio journal con and Western States the illegitimate· consumption of opium ·has taining. a leading_ editorial against the drastic features ·Of. the increased so rapidly that now we are consuming more than ten pending- bill, of which the ·following is an extract : times as much opjum as any other country in the world, with It seems that the insane proposition. that a. beverage containing:· more the possible excep:tlon of China. I quote a vital extract from than one-half of 1 per cent of alcohol is intoxipating i~ calculated .. to the report of the narcotic committee of medical experts : destroy the grape industry of the. coli?-~¥· ~otw~thsta.nding: ~pe jmce is the beverage most approved. by prohibltiom.sts, except. water, mcluding A comparison of the per capita consumption of opium in this country the approval of that preeminent. exponent of the faith, William_.l, Bryan; with' that· of other countries indicates that this country_consumes from who will ha-ve to go without grape juice or drink slops, if the contention thirteen to seventy-two times as much .opium I>"er capita as is consumed referred to is sustained by Congress and the courts. by any other country. A PLEA FOr:. THE ISLA..."\DERS OF LAKE ERIE. It· is cleal'ly evident that if · partial prohibition has ·resulted in such a startling increase of dope fiends, universal prohibition My most valued constituents· are the grape growers of those will be still more startling and degrading. In the presence of emerald isles-North Bass, Middle Bass, and Put in Bay, on these deplorable conditions, it is ·the dutJ' of every sane and the south shore ot Lake Erie. These islands are devoted patriotic citizen to pause-·and ponder· over the moral crisis that almost exclusively to grape cultme. This bill if enacted into confronts·· the country. Do not forget. that it is the well:con law will pauperize and ruin these islanders. Their grape sidered and delibeTate opinion of the· Allied Medical As ociation gro-wing acres will be rendered practically valueless, and the of America that prohibition will increase the number of opium islands, now peopled by an industrious, wholesome and moral addicts irr the. United States ·and that mild wines and beer will people, among · whom intoxication is practically unknown, will minimize that danger. be literally robbed of their~ possessions by a. la.w of Congress. THE TRAE'FIC IX NARCOTIC DI:.uGS. I would be wanting in fidelity to my trust as the repre entative On l\Iarch 25; 1918, the Secretary of the Trea ury nppointe schools in this -country .and in Europe. while testifying upon this sub any of their representatives on this floor. They are relying jec~ declru:ed that wme and beEl.\' containing tw,o and three-quarters (2:15) per cent of alcnh ol by weight .are not tntoxlcating. After de· .solely npon a denunciation . 2482 CONGRESSIONAL RECORD-HOUSE. JULY 11, guished gentleman from Massachusetts [Mr. FITZGERALD], sev question, one for the courts and not one for the legislative branch of the Government. If Congress. can define what "intoxicating liquor" eral times mayor of Boston, stated on this fioor only a few hours means and determine that any brand of whisky, wine, beer, porter, or ale ago that prohibition Maine, lying alongside of licensed Massa is intoxicatin~ that contains one-half of 1 per cent alcohol the next • chusetts, has as much or more crime and more law violations; Congress, havmg a similar power, can determme that any beverage con taining 10 per cent, 20 per cent, or 90 per cent of alcohol woulu or would as much consumption of beverages that intoxicate, comparing not be intoxicating, as no Congress has a right to bind upon matters equal populations. And another distinguished gentleman from of legislation a subsequent Congress. The meaning of the fundamental Massachusetts, Mr. GALLIVAN, of ciassic Boston, called attention law would thus vary from time to time an·d would be subject to the caprice and will of a partisan Congress. Congress can not change the to the undisputed ·fact that there has been a large increase in meaning f a constitutional power by statute nor add to nor take from crime in this National Capital since Congress voted Washington it by the use of any words defining what it means. The amenument dry. I quote: is self-explanatory. If not, it would be nugatory. The words "intoxi cating liquor " must have a fixed and determined judicial significance Do you know what has happened up to this time in the way of crime in the view and light of the meaning of those words at the time of the since you made Washington dry without giving the people of Wash adoption of the constitutional amendment, else Congress by statute ington a chance to say whether they wanted it to go dry or not? Let would be constantly changing and making constitutional provisions on me give you a few figures: the subject. The fundamental law must be stable and fixed; that it "A recent grand jury in this District found 107 new in TVi-ncs produc-ed in the Vniteil States. Mr. CRAl\1TON. Mr. Chairman, in connection with this gen- · Gallons. eral subject of prohibition, there has been much said about the 1010------50, G84,343 1911------56,655,006 views of labor, about the use of beer and 'vine, and about refer 1912------50,619,880 endums. Therefore I have thought it might be proper for me for 1913------1914 ______:______48,683,84944, 973, 643 a few .moments to eall to-your attention some .matters in the State 1915 ______·------·------27, 255, 690 of 1\-fichigan which have transpired that 'have a bearing upon 1916~------42,229,206 these -questions.. 10~1------37,640,495 Recently there has been called to the attention of Congress the 1 Above figures taken from United States Statistical Abstract report of an investigator, said to have been sent to Michigan by 1 for 1917, page 540. one Samuel Gompers, head of the American Federation of Labor,' The following figures, furnished by the Department of Agri spea1..'ing for, among others, the Bartenders' Union, the Bottle.1 culture, while only ernmates so far as the whole country is con Makers' Association, and the Brewery Workers. Mr. Gompers, cerned, those for California being correct, are believed to be quoting his unnamed investigator, gives it as his conclusion that' nearly accurate: There are 261,000 acres in the United States the enactment of State-wide prohibition in :Michigan, one of the. devoted to wine grapes, 170,000 acres being in California and greatest industrial States to adopt prohibition, resulted in the 1 the remaining 91,000 throughout the rest of the States. The spread of Bolshevism and anarchy. estimated acreage of .grapes throughout the United States is I have wondered why, if 1\Ir. Gompers was interested in the 530,000, 320,000 acres being .in California and the remaining connection between the TlSe or -prohibition of liquors and Bol 210,000 throughout the rest of the States. (Taken from the shevism, he says so little of the land of beer, Germany, where1 World Almanac for 1917.) .Bolshevism comes very near to controlling the Government, and ; The production of wines in the United States in 1915 was as why he has not made any examination of conditions in the land! follows: of wine, France. I hold in my hand a letter which I Teceived 1 California : .- Gallons.· yesterday from an American doctor of high standing, now in our military service, who, writing from the camp at Brest, tells me New ~~y~~======::::::::::::::::::~======York------2S:~8:1, 250, 000ggg of the very acute demonstration of Bolshevism among the ObiO------2,000,000 French soldiers and sailors in the land of wine. But rather than ~issourl------400,000 go to these lands of beer .and wine, where he would find Bol 200,000 Virginia.______New JerseY------100, 000 shevism in its active state, he sends this apparently amateur in North Carolina------150, 000 vestigator to :Michigan, where State-wide :prohibition was voted Otber States______150,000 in the election of November, 1.916, effective the 1st of May, 1918, • There is now general unrest throughout the United States and where, notwithstanding that fact, when the last Liberty -over the high cost of living. Many practical -students of loan was floated to maintain this Government, the State of economics believe that Congress can provide legislation that Michigan was the 'first State of all the Uni.on to go over the top. will give adequate relief. There are constant conflicts between !A-pplause.] capital and labor resulting in lockouts and strikes that are im If there was any State before us, if there is any dispute, it is peding general prosperity. The overburdened taxpayers are the State of Iowa that makes the -same claim, and the State of pleading for relief everywhere, and Congress is urged to enact Iowa likewise is dry. [Applause.] legislation to relieve . business and manufacturers from the 1\fore than that, we have b.ad the vote in Michigan in certain onerous burdens. The millions of gallant soldiers returning cities, the expression of labor, if you please, upon the south shore of Lake .Erie. Those islands have a peculiar charm recent referendum in thls country on the question of beer and 1 for the lover of heroic history. Near Put in Bay Island,16 miles wine, and they show the vote in industrial centers only. Bear from shore, on September 10, 106 years ago, Commodore Perry in mind -for the last few years Michigan cities have, as a rule, won the greatest naval victory ever fought on fresh water. And probably expanded more industrially than cities of any other near the spot on Put in Bay Island where Commodore Perry State in the country. Now, I have taken the vote of every city, landed his heroic band after the battle there stands the most without exception~ in Michigan that had a population of 10,000 commanding monument in the United States outside this Capi or more in the last census. tal, and I am still enjoying a modest pride that I aided in se The most of those cities have had a great growth since then, curing an appropriation of $250,000 by Congress to erect this and the vote of those cities is the urban vote of my State. And, magnificent .and enduring memorial to the greatest naval hero of I think it may be fairly stated that the urban population of the nineteenth century. Michigan will roughly constitute the labor vote of Michigan, I plead here that these worthy and patriotic islanders be because in an industrial center the bulk of the vote is the labor saved from the despoilment of cruel -and unjust laws. A visit vote. Take the city of Adrian, with a population of 10,000; to these teeming and historic islands would be a liberal educa votes for beer and wi'ne, 1,60D-I do not give the odd figures tion to that group of one idea idealists who need an enlarged and 2,500 against. Alpena, 1,000 for beer and wine and 1,900 vision and a broader and more humane tolerance of the char against. Ann Arbor, for beer and wine, 2,000; against, 4,000. tered rights and immunities of American citizens. Battle CrBek, for beer and wine, 3,500 ; against, 5,500. Bay Probably I shall be found in the minority -on this bill, but I City, for beer and wine, 4,000; against, 7,000, and Bay City was am accustomed to minorities. I Temember what Emerson said formerly considered one· of the wet places of Michigan. [Ap- . in the heyday of his career, " Minorities are usually right." .And plause.] Detroit-and anyone interested in the bem· and wine Emerson is conceded the greatest prophet of human destiny end of it wants to be ready to applaud now, because it is the America ever produced. only real hcpe he will find in 1\fichigan-Detroit, with her large l\1r. VOLSTEAD. Mr. Chairman, I yield 15 minut-es to the foreign popn!ation, a large number of those men who have not gentleman fro:n Michigan [l\fr. CRAMTON]. yet learned that when th·ey come to America they must bow : ( ,, . '. 2484 CONG·RESSION AL "' RECORD-~ HOUSE:· · , JULY 11, to American ideals and live in the American ways of decency ing the election and without the detailed situation before it I Detroit, 87,800 for beer and wine and 53,205 against. The city have compiled for you, speaking of the general city results : has about a million population now ·and had only 465,766 in MICHIGAN'S VOTn ON - PROHIBITION. 1910. Escanaba, 2,019 for beer and wine and 2,040 against. Flint, which but a few years ago, in the census of 1910, had a [EditOTial from · Chicago Daily News.] Michigan's popular vote on the proposed amendment to its State con population of only 38,000 and now has ·nearly 100,0()()-that stitution permitting the manufacture and sale of light wines and beers is new industrial city that had been dry for several years by particularly noteworthy. The returns indicate that not only the voters county option voted 4,670 for beer and wine and 8,914 against. in the villages, small towns, and suburban districts but those in the larger towns and cities as well, with the exception of Detroit, gave heavy [Applause.] Grand Rapids, the second city in the State, a great majorities against the amendment. industrial city in the manufacture of furniture and other arti It would be unfortunate, of course, if on so important an issue as cles of legitimate commerce, voted 11,260 for beer and wine and prohibition of the liquor traffic the country districts and the cities took opposite views and one section attempted to force its policy on the other 24,706 against. [Applause.] section of the Commonwealth. Agreement between country and city Highland Park, which is a village located in the midst of the would remove formidable difficulties from the patll of those whose duty it is to enforce the law and prevent serious and widespread eva ion of city of Detroit, surrounded entirely by the territory of Detroit, its requirements. but separate in its government, and where the Ford automobile The vote in Michigan meets, so far as that State is concerned, the is made, which had only 4,120 of population in 1910 but now objection advanced in many quarters by opponents of constitutional pro hibition, namely, that the pOQple have not had an opportunity to pass . has over 30,000, went 2,931 for beer and wine and 5,800 against ; on the issue, and that a referendum · would result in a mandate for a Holland, 814 for beer and wine and 1,900 against; Ironwood, compromise permitting the use of light beers and wines. The voters 1,430 for, 2,061 against; Ishpeming, 1,012 for, 2,187 against. of Michigan were accorded precisely such an opportunity. They have sustained flat prohibition. In Michigan, at least, it can be contended That is one of the mining cities of the upper peninsula. Jack no longer that a small, militant, extreme minority foisted an unpopular son, another automobile center, 6,918 for beer· and wine, 12,755 idea upon a disarmed electorate. And Michigan is by no means excep· against ; Kalamazoo, 4,076 for beer and '\'yine, 8,841 against ; tional in its views "on this subject, so far as the American public is Lansing, the capital city, and a great automobile center, manu aware. facturing the Reo and the Oldsmobile, 5,031 for beer and wine, I commend the result also to the study of all who are inter 10,165 against ; Manistee, 2,328 for beer and wine, 3,660 against; ested in the study of this great question. But I venture to com Marquette, 1,164 for beer and wine, 2,000 against ; Menominee mend the verdict of the cities of Michigan to all Members here and here was the only help and encouragement that Detroit had in who are concerned to know how their constituents are going the whole State-2,775 for beer and wine, 2,638 -against, a maJor to feel about the liquor traffic after the communities in which ity of 137 for beer and wine. Muskegon, 3,407 for beer and wine, they live have, perhaps for the first time, the chance to taste 4,722 against; Pontiac, another automobile center, 2,006 for beer the bles ings of a saloonless city, a boozeless town, under the and wine, 4,113 against; Port Huron, 2,079 for beer-and wine, r~gime of national prohibition riow opening. 4,036 against. That is the chief city in my own district, whe:re In Detroit they found 'admissions to the Eloise Asylum had • but a few years ago the county gave a majority of 2,500 against been 1,500 during the wet times, and during the first six months local option. Now it-the chief city of the county-votes against of dry 400. The county farm in Kent County lms been almost .even beer and wine. Saginaw-and I may say that there was a closed up. They had not prisoners enough to work it. And time when we thought Saginaw was the wettest place on earth- o it has been all over the State. [Applause.] In the marine 6,302 for beer and wine, and 8,049 against; Sault Ste. Marie, news of the Detroit News it recently was stated: 1,076 for beer and wine, 1,947 against; Traverse City, 662 for The absence of accidents aboard lake ships during the last 12 months beer and wine, 1,796 against. Altogether there were 162,324 is ascribed to the fact that a large number of Lake ports ha;e been dry, operators of local steam passenger lines say. Vessel men on the votes in the State of Michigan for beer and wine only, and there Lakes generally say that fatal accidents due to intoxication have been were 187,284 against. [Applause.] · materially reduced. The following table gives the vote above referred to, together Detroit's entrance into the dry column resulted in fully 90 per cent of preventable accidents on local vessels being eliminated. Toledo is with the vote of the same cities in 1916, on State-wide prohibi undergoing a similar experience, revorts from that port indicate. With tion of all liquors and the population of the several cities at the Cleveland bone-dry, freight-vessel operators believe this season will last census : establish a new record. The sailor colony at Cleveland is said to be more dependable than ever before, since the men suffer from fewer ac cidents and are accountable at all times while ashore. This will be November, April, 1919- true at Buffalo and other wet Lake ports when the country goes dry Novem- Novem- 1916- June 30, mariners say. ber, ber, State wide. beer and wine. 1916- 1916- Popula- It is probable that certain steamship lines operating boats between City. was voted tion, wet and dry ports, as well as the Lake Carriers' Association, will re wet or wet or 1910. cord figures of accidents this season to compare them with previous wet dry. dry. Vote Vote Vote Vote · seasons. This will determine mathematically the results of prohibition, yes. no. yes. no. so far as the Lake sailor is concerned. The prohibition wave bas wiped out many famous water-front bars. ------~ --- For· years these bars were the gathering places for sailors. -Many cap Adrian ...... Dry..... Dry..... 1,~ 1,125 1,604 2,593 10,763 tains found the water-front bar a good recruiting ground for sailors Alpena ..••.•...••. Wet.. ... Wet.. ... 1,122 1,027 1,946 12,706 when touching port with short crews. Ann Arbor ...... do .... 2,548 1,581 2,057 4,381 14,817 Battle Creek ...... Dry...... ~z-.~~:: 3,630 3,588 3,529 5,520 25,267 National prohibition '\\ill help us as well as you. The liquor Bay ity...... Wet...... do ..... 4,309 4,305 4,347 7,285 45,166 'dealers of Toledo tried to repeal the constitution of Michigan, De1 roit...... do ..... Wet ..... 53,823 62,947 87,800 53,205 465,766 and at times they made some dents in it. But enforcement 1n Escan:lba ...... do ...... do ..... 1,005 1,539 2,019 2,040 13,194 Flint...... Dry..... 19,027 8,324 4,670 8,914 38,550 Michigan is in the hands of one of the ablest, most sincere, and G~and Ra¥fds. : . .. Wet.. ... -~z·.~::: 14,989 11,948 11,260 24,706 112,571 courageous officials anywhere, Hon. Fred L. Woodworth, State Hi~hLl.nd ark... _ Dry...... do ..... 2,153 1,116 2,931 5,824 4,120 Holland ...... Wet ...... do ..... 1, 447 910 814 1,900 10,490 food and drug commissioner, and Ohio wets were held down Ironv.'ood ...... do ...... do ..... 188 143 1,430 2,061 12,821 pretty well. National prohibition repeals them. And I read in ...do ...... do ..... 1,145 867 1,012 2,187 12,448 the Detroit Free Press to-day that there being a vacancy in the ~~~~~~-~~ :~::::: ... do ...... do ..... 5,447 4,039" 6,918 12,755 31,433 Kahm:1zoo ...... Dry...... do ..... 7,904 6,093 4,076 8,841 39,437 office of sheriff of Monroe County, Mich., on the border between L211sing ...... •••. ... do ...... do ..... 6,493 3,924 5 031 10,165 31,229 Detroit and Toledo,- they are having trouble to find a man for the Manistee ...... Wet..... Wet.. ... 2 058 2,529 2:328 3,660 12,381 job to succeed former Sheriff Bairley. It is stated: Marquette...... do ...... do ..... 1:093 1,111 1,164 2,000 - 11,503 Menomlnee ...... do ...... do ..... 1798 2,686 2, 775 2,638 10,507 Members of the ~ommission intrusted with selecting Bairley'-s suc· M:usl;cjon. _...... do ...... do ..... 2:951 3558 3,407 4, 722 24 062 cessor-namely, the county clerk, probate judge, and prosecuting attor Ponti~c ...... Dry..... Dry..... 2, 757 1:973 2,006 14:532 ney-€xpress doubt as to their ability to make an early selection. The Port lluron .. _... _ Wet...... do ..... 2,321 2,027 2,079 !·M~ 18,863 office is on the fee basis, and while a veritable" mint" during the tenure Saginaw ...... do ..... Wet.. ... 4 958 5,529 6,302 s;o49 50,510 of Balrley and his pr€decessor, has ceased to be a revenue producer, it is Sault Ste. Marie .. ... do ..... Dry..... 1:191 929 1,076 1, 947 12,615 said, since Ohio went dry. The earnings have been so small in the last TraYersc City ..... Dry...... do ..... 1,271 974 662 1,796 12,115 few weeks that Bairley has discuss~d the necessity of discharging his --- turnkey. TotaL ...... ···-·····- 147,044 134, 7~7 1 162,324 187,284 1,047,866 On this question Mr. Gompers can not speak for American labor or the American people. In the 1919 referendum Michi Mr. COOPER. Will the gentleman yield for a short question? gan repudiated his doctrines. A few weeks ago the· washington l\fr. CRAMTON. Certainly. State Federation of Labor, in session at Bellingham, in terms l\1r. COOPER Are not most of these cities t1:lat you have just repudiated his leadership on this great issue. mentioned great industrial points, where they have thousands of Many of you in eastern cities appear to be just catching alarm · workingmen? that national prohibition may interfere with the liquor traffic, ~Ir. CRAl\ITON. Nearly all. The results I have given you may make it inconvenient to get a drink, may end the business were achieved by the votes of laboring men. The Chicago Daily of getting rich out of the injurious and degrading appetites of News com'mented upon it. They saw the significance of that others. You may well take alarm, for that is what national election. That great metropolitan daily said editorially, follow- prohibition is to do. It has the moral sense and the bt!siness 1919. CONGRESSION .A.L RECORD- HOlTSE. 1 • 1 1' • 2485 judgment and common sense of the Nation behind·it, and, under . When the war-time prohibition act received the approval of national prohibition, this Nation is to be "bone dry," and the this House it certainly was never contemplated that the enact-· prohibitory la\vs are to be enforced by the strong ar:ID: of na ment into law and the enforcement thereof would continue tional power of the American people, who are law-abrdmg. an.d after the demobilization of the Army. This bill is taking undue .law respecting, not Bolsllevistic. The Gompers talk has J.!l rt advantage of a war-time measure in a period of practical peace too much of pandering to foreign ideals, nourished on Amerrcan and places a condition of national prohibition in effect now, 1 soiJ, where they do not belong. A Michigan poet, E~gar Guest, rather than to follow the orderly procedure of the constitutional gives the Michigan spirit, and it is not one of BolsheVIsm: amendment, which would place it in effect January 16, 1920. Surely no Member of this House will say that it was ever NO ROOM FOR HATE. intended at the time the war-time prohibition bill was passed {lly Edgar A. Guest.) that the American Congress would be asked to define beer and We have room for the man with an honest dream, With his heart on fire and his eyes agleam ; light wine containing more than one-half of 1 per cent alcohol We have room for the man with a purpose true, as intoxicating. . Who comes to our Rhores to start life anew ; I am opposed to section 1 of this measure, because I believe But we ha-.en't an inch of space for him it to be showing bad faith to the American people. It surely Who comes to plot against life and limb. never was intended that this war-time prohibition should remain \Ve have room for the man who will learn our ways, in effect after the laying down of. arms: Who will stand by our flag 1n its troubled days ; We have room for the man who will till the soil, The Evening Bulletin, of Philadelphia, which is one of the Who will give his hand:. to a fair day's toil ; very conservati\e newspapers of our city, and which I am But we haven't an inch of space to spare frank to say does not always agree with me, nor I with it, says For the breeder of hatred and black despair. in its editorial of June 30: We have room for the man who will neighbor here, Who will keep his bands and his conscience clear ; THE PROHIBITION MUDDLE. We have room for the man who'll respect our laws The war has been virtually at an end for seven months, and it is now And pledge himself to our country's cause; also technically and formally at an end. Most of the troops of the But we haven't an inch of land to give United States who were in Europe are to-day either at home or on their •.ro the alien breed that will alien live. way back. To this country peace has been fully restored. Against the vicious we-bar the gate! Yet we are now witnessing the Ulogical and anomalous demands that This is no breeding ground for hate. the war prohibition act shall be enforced on the 1st of July just the '.rhis is the land of the brave and free, same as if the war were still going on. There is much that is grossly And such, we pray, it shall alwa:vs be. unfair or dishonest in the reasoning by which the law is thus interpreted. We have room for men who will love our flag, It is tolerably clear in the latest statement by President Wilson as But none for the fiends of the scarlet rag. to his purposes that the enforcement, such as it may be, will not prob ably last much beyond the early part of August, if he shall then declare The Nation is to be really dry..- and the Nation is to taste the that the demobilization of the soldiers has been accomplished, as is likely to be the case by that time. But in point of substantial justice benefits we of Michigan and other dry States haYe experienced. Congress ought to repeal the law in toto and at once. It is you eastern wets Who are the theorists and Yre drys of pro In the meantime, however, or in the absence of such repeal, the law hibition States who are practical. You are imagining vain should be obeyed, although the extreme prohibitionists have not been wi e in construing it so severely and unjustly as to make it a possible things out of your theories. We know the truth by experience means of forcinf? prohibition into effect.more than six months in advance and our experience will be yours. of the constitutiOnal amendment. The verdict which our cities gave was given because it was President Wilson will certainly act in the interest of a square deal by pushing demobilization to early completion, so that a law which was found that industry thrived, crime decreased, poverty was les clearly designed for the war only shall not be twisted in a time of sened, disease was checked, and prosperity, happiness, and con peace to a purpose for which it was not intended. tentment were the gainers. Great efforts ha\'"e no doubt been I am particularly opposed to the feature of the bill which fixes made to spread the propaganda of anarchy in Michigan, as else the percentage of alcohol in beer at less than 2i per cent, be where, because the unusual prosperity of 1\lichigan, due in large cause that question, I believe, can be trusted to the cqurts to degree to prohibition, attracted outside radical agitators to determine. One of the most eminent experts at the Pennsyl Detroit. But there were no bombings, no anarchist plots, no vania University has said, "After a most careful study and strikes due to Bolshevists. And that headway has not been made examination I find that beer of less than 2! per cent is not in is partly because of absence of saloons for gathering centers, toxicating," and in my conversation with no less than 12 well with the inflammatory influence of liquor. known physicians of Philadelphia, who have made a 'study of the Out of the fruits of experience this greatest reform of this question, all say that beer and wine of less than 2! per cent are century has spread over our Nation and out of the blessings ex nonin toxica tin g. perienced under it your communities will thrive, countless homes I am further opposed to the bill in its present form because it be made happier, and present prejudices be forgotten. virtually makes for discrimination between the wealthy, who 1\Ir. IGOE. Mr. Chairman, I yield to the gentleman from have stored large stocks of liquors for their future use, and the Pennsylvania [1\fr. VARE]. workingman, who earns his living by the " sweat of his brow," Mr. VARE. When the national prohibition amendment was who is deprived of his mild beer, which is harmless. before the House I voted against it, and I had hoped that there Surely this Congress does not want the American workman to would be brought into this House a bill whereby the enforcing feel that the lawmakers of the country are antagonistic to the t•egulation would be reasonable, but in glancing roughly over this wishes of the great masses of the working people of the Nation. bill it seemed to me to be radical and rather conducive of much Surely a law which permits the wealthy to imbibe liquors of all disturbance among the working people of this country. kinds and at the same time prohibits the workingman to have A few moments ago the distinguished gentleman from New his glass of beer is not in line with the spirit of our Government, Hampshire [l\1r. BURROUGHS] in his address made several which insures equal liberty and freedom to all. Why interfere queries concerning officials of Protestant Churches of the country, with the liberty of the .workingman? and as to why they had not come out in favor of the light beer It seems to me that legislation of this kind will do much to and wine side of this question. ward encouraging the unrest which now prevails throughout the Let me read from an article in the Philadelphia Evening country, and I am very hopeful that the distinguished chairman Ledger, which includes a statement from one of Philadelphia's of this committee, who has brought this bill into the House, will most distinguished clergymen, Rev. Dr. Russell H. Conwell, who in his wise judgment as he looks over the different statements is the head of the Baptist Temple College of that city: that have been made propose such modifications in the bill as " GIYE POOR MAN BEER," PLEADS DP.. CONWELL--CLERGYMA~ SAYS IT lS will meet the demands of the working people of the country. UNFAIR TO ALLOW WEALTHY TO HOARD LIQUOR IN CELLAI:S. [Applause.] Beer should be given to the poor man if the rich are to have their During the recent months we have heard much talk in the cellars stocked with a plentiful supply of wines and liquors, according to House relative to legislating for the interests of the farmer. I ~ sermon preached by the Rev. Dr. Russell H. Conwell last night at the Baptist Temple, Broad and Berks Streets. To restrict one class and not am wondering how the advocates of the farmer are going to vote the other would be incGnsistent, he continued. on this question. Are you going to vote to partially destroy the "As a church we believe in temperance out and .out," he said, "but grape industry of the country? Why reduce the farmers' in we do not believe in allowing the rich man to fill his cellars for months and months ahead with all sorts of wines and liquors, while the poor come? man bas his 2~ per cent beer taken away from him. The whole thing I have in mind a part of my district where there are probably is wrong· it is a great evil and wlll burt the cause of temperance by 5,000 families of Italian extraction who have been accustomed withholdihg from the workingman such beer as is not intoxicating. "Remember I emphasize the fact, 'if it is not intoxicating,'" he went to making their own grape wine. Under this law if they have on. " I don't' believe in intoxicating liquor sold to men under any cir their wine in their cellar now they can keep it for their ovm. cumstances unless used as a medicine. I have been -told the wealthy purpose. If, however, they want to make more, and go to the have their cellars hoarded with intoxicants for years to come. Christ·s Church does 110t believe in giving rights to one man that are denied to market and buy several bushels of grapes and put them into a another." barrel in the cellar alongside of the existing cask of wine already 2486 CONGRESSIONAL RECORD-HOUSE. JULY 11, made, and put nothing into that barrefbut the grapes, in a few Committee on Monday and Tuesday next (.July 14 and 15, 1919) in order that further inquiry may be had and justice done as the circ'um months they would be criminals. This grape juice would have stances warrant. The chairman of the committee, Mr. FORDNEY has ' fermented, and they """ill have it in their possession, and they authorized invitations to be forwarded as indicated, and I wih be will have been manufacturers of intoxicating liquors. These pleased if you will do what you can to induce the gentlemen mentioned residents are law-abiding and God-fearing people, 5,000 families, to be present. .As 'the dye bill, which you and your associates supported, has been who have been accustomed to having wine served to all their reintroduced since the bearings closed, with a provision for the estab children, as well as to the grown-ups, home-made grape wine, lishment of a licensing system to control the distribution of dyestuffs with no other ingredients placed therein. Many of the men of in the United States, the Alien Property Cpstodlan's office and the officers of your foundation, includln~ .Mr. Ott~ T. Bannard, Mr. Cleve these families ha•e just returned from the battle fields of France, land H. Dodge, Mr. George L. Ingranam, Mr. B. Howell Griswold, jr., where they were not deprived of their wine. They are hard- and Mr. Ralph Stone, might be able to aid the committee in deter •working people at home, and should not be deprived of what has mining whether the installation of this extraordinary method of con trolling supplies and prices sbtmld be made a part of our protective been their custom here. tari..ft: system. It would seem to me that th-e fl·iends of prohibition who are. Very truly, yours, ~ desirous of seeing that the law is properly put into effect and en .J. H. MoonE. , forced, to meet the approval of the country, are injuring their LEAVE TO ADDRESS THE HOUSE. cause by irritating the great army of plain people of the Nation, Mr. DALLINGER. Mr. Speaker, I ask unanimous consent fWho feel they are entitled to the right to use mild beer and light that after the reading of the Journal to-morrow I may be ,wines. [Applause.] allowed to address the House for five minutes. The CHAIRl\IAN. The time of the gentleman from 'Pennsyl The SPEAKER. Is there objection to the gentleman's re· vania has expired. quest? Mr. VOLSTEAD. Mt'. Chairman, I move that the committee Mr. CLARK of Missou~i. On what subject? do now rise. Mr. DALLINGER. Relative to a letter received from a re The motion was agreed to. turned soldier regarding conditions in France. Accordingly the committee rose; and the Speaker having re The SPEAKER. Is there objection? sumed the chair, Mr. Goon, Chairman of the Committee of the There was no objection. Whole House on the state of the Union, reported that that com mittee, having had under consideration the bill (H. R. 6810) EXTENSION OF REMARKS. to prohibit intoxicating beverages, and to regulate the manufac Mr. CRAMTON. Mr. Speaker, I ask unanimous consent to ture, production, use, and sale of high-proof spirits. for other extend my remarks in the REcORD. than beyerage purposes, and to insure an ample supply of alcohol The SPEAKER. The gentleman from Michigan asks unani and promote its use in scientific research and in the develop mous consent to extend his remarks in the RECORD. Is there ment of fuel, dye, and other lawful industries, had come to no objection? resolution thereon. Mr. GALLIVAN. Reserving the right to object, Mr. Speaker, on what subject? THE CHEMICAL FOUNDATION (INC.). • l\Ir. CRAMTON. It is not on the subject of prohibition. It Mr. MOORE of Pennsylvania. Mr. Speaker, I ask unanimous is on the subject of a resolution introduced by me in the House consent to extend by remarks in the RECORD by inserting a letter to-day, calling on the War Department for certain information. that I have written to Joseph H. Choate, Esq., in answm· to one The SPEAKER. Is there objection? tbat was written by him to m:e and which was inserted in the There was no objection. RECORD at the request of the gentleman fi·om South Carolina PRINTING THE TREATY OF PEACE. [Mr. BYRNES]. The SPEAKER. The gentleman from Pennsylvania asks Mr. F.ESS. l\Ir. Speaker, I ask unanimous consent for the unanimous consent to extend his remarks in the RECORD by immediate consideration of the resolution which I send to the inserting a letter which he has written in response to one ad· Clerk's desk. dressed to him and printed in the RECORD. Is there objection? The SPEAKER. The gentleman fi·om Ohio asks unanimous There was no objection. consent for the immediate consideration of the resolution which Following is the letter referred to : the Clerk will report. The Clerk read as follows : JULY 11, 19Hl. JOSEPH H. CHOATE, Jr., Esq., Resolved, That there be printed for the use of Members of the House, General Counsel the Chemical Foundation. (Inc.), to be distributed through the folding room, Senate Document No. 49, ·aare of the Alien Pt·ope-rty Custodian, Washington, D. 0. the Treaty of Peace with Germany, a number not to exceed the cost of DEAR MR. CHOATE: Referring to your letter of June 27, which Mr. $500. BYRNES of South Carolina had inserted in the CONGRESSIO ~AL RECORD, The SPEAKER. Is there objection to the immediate consid I advise you that my remarks which you criticized were directed chiefly ·to the anomaly of appointing Mr. Francis P. Garvan, the Alien Prop eration o.f the resolution? ~rty Custodian, an .As istant Attorney General to detect anarchists and There was no objection. bomb throwers after he had been elected president of the Chemical Mr. CLARK of Missouri. Mr. Speaker, I offer an amendment Foundation (Inc.), which seeks, through you as general counsel, the !passage of the dyestuffs bilL to that, to print 25,000 copies of the President's speech delivered ' But since I did refer to the Chemical Foundation (Inc.) and the yesterday. ~ethods by which, through the instrumentality of the Alien Propert:v I• .Custodian's office, it secured from the Government at private sale the The SPEAKER. The gentleman from Missouri offer an valuable German patents taken over by the Alien Property Custodian amendment, which the Clerk will report. under the trading-with-the-enemy act, I do not object to the pub- The Clerk read as follows; 1icity given your letter by Mr. BYRNES or by the newspapers which pub ll~ed it before it was received by me. I am inclined to think the more Mr. CLARK of Missouri offers to amend by inserting, at the end of the fpublicity we have as to this unusual transaction the better it will be resolution, the words : "And that 25,000 copies of the President's speech :tor all concerned. delivered in the Senate yesterday be also printed." One of the evils from which the country suffers when a great war 1s on, or during the reconstruction period when almost everything bear Mr. CAMPBELL of Kansas. As a separate document? ing a patriotic label is given credence, is lack of information concern :Mr. OLARK of Missouri. As a separate document, to be dis ~ng the motives of some who wrongfully use the label for selfish interests. tributed through the folding room. The newspapers do not always have the inclination or the space to go !fully into matters which vitally affect our business affairs, and Members Mr. FESS. l\Ir. Speaker, the concurrent resolution that was 'Of Congress find themselves burdened with so much pressing legislation introduced in the Senate, providing for the printing of 50,000 that what ordinarily would invite sensational inquiry frequently passes copies--40,000 for the Senate and 10,000 for the House-as I along with the dull routine unobserved. In this session of Congress, when efforts are being made to take an understand it, included also the President's speech. account of the national stock and to probe the doings of those who 1\Ir. CLARK of Missouri. Then I withdraw the amendment. were in control when the rush was on; when it is fair that the people Mr. FESS. They also passed a resolution yesterday providing should imow what has been done in theh· name by law or by Executive order, by department chief o.r by bureaucrat, by commanding general for the printing of $500 worth of copies of the treaty. or by petty officer, at home or abroad; and when it is equally important The SPEAKER. The question is on the resolution offere EXECUTIVE COMMUNICATIONS, ETC. PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS. Under clause 2 of Rule XXIV, executive communications were · Under cJause 3 of Rule XXII, bills, resolutions, and memorials taken from the Speaker's table and referred as follows : were introduced and severally referred as follows: 1. A letter from the Secretary of the Treasury, transmitting By Mr. JONES of Texas: A bill (H. R. 7191) authorizing the supplemental estimates of appropriations required by the Patent issuance of bonds to soldiers, sailors, and marines of the United Office for additional employees and for photolithographing, States in proportion to the length of service in the war with fiscal year 1920 (H. Doc. No. 143); to the Committee on Appro Germany ; to the Committee on Appropriations. priations ancl ordered to be printed. . By Mr. FERRIS : A bill (H. R. 7192) to allot certain enrolled 2. A letter from the Secretary of. the Treasury, transmitting Indian minor children whose fathers died in service in the late supplemental estimates of appropriations required for salaries war; to the Committee on Indian Affairs. and expenses, Bueau of 'Var Risk Insurance, for the fiscal year By l\fr. McGLENNON: A bill (H. R. 7193) to obtain revenue ending June 30, 1920 (H. Doc. No. 144) ; to the Committee on and to encourage and maintain the production of antimony salts Approp:iations and ordered to be printed. ·· and antimony sulphuret in the United States and its possessions; · 3. A letter from the chairman of the Federal Trade Commis to the Committee on Ways and Means. sion, transmitting a special report dealing with the subject of By Mr. KETTNER: A bill (H. R. 7194) for the protection of resale price maintenance (H. Doc. No. 145) ; to the Committee on lands and property in the Palo Verde Valley, Calif., and for - Interstate and Foreign Commerce and ordered to be printed. other purposes; to the Committee on Appropriations. By l\fr. JOHNSTON of New York: A bill (H. R. 7195) to REPORTS OF COl\Il\IITTEES ON PUBLIC BILLS. AND repeal section 3 of an act approved April 29, 1908, entitled. "An RESOLUTIONS. act to repeal an act approved April 30, 1906,· entitled 'An act to Under clause 2 of Rule XIII, bills and resolutions were sev 'regulate shipping in trade between ports of the United States erally reported from committees, delivered to the Clerk, and and ports or places in the Philippine Archipelago, betw~en ports referred to the several calendars therein named, as follows : or places in the Philippiije Archipelago, and for other purposes,' and for other purposes " ; to the Committee on Insular Affairs. Mr. SANDERS of Loui~iana, from the Committee on Inter state and Foreign Commerce,· to which was referred the bill By 1\lr. HUDDLESTON: A bill (H. R. 7196) to pr'ovide fur (H. R. 5226) further extending the time for the commencement ther for the national security_and defense by encouraging the and completion of a bridge or bridges authorized by an act en production and distribution of fuel, preventing the sale thereof titled "An att to amend an act to authorize the Dauphin Island at excessive prices, punishing conspiracies relating thereto, and Raihn1y & Harbor Co., its successors or assigns, to construct otherwise regulating the production and the sale of fuel; to ami maintain a bridge or bridges, or viaducts, across the water the Committee on the Judiciary. · betw·een the mainland, at or near Cedar Point and Dauphin By 1\fr. KAHN: A bill (H. R. 7197) to provide travel allow Island, both Little and Big; also to dredge a channel from the ances for certain retired enli,sted men and Regular Army reserv education in the several States of the Union to Porto Rico; to By Mr. OLDFIELD: A bill (H. R. 7236) for the relief of Ithe Committee on Insular Affairs. _ William Ramsey and others; to the Committee on Claims. By the SPEAKER: Memorial of th~ Legislature of Wisconsin, By Mr. PARK: A bill (H. R. 7237) granting an increase of ~ favoring Government control of stockyards, refrigerator lines, pension to Byrd W. Lasseter; to the Committee on Pensions. , etc.; to the Committee on Interstate and Foreign Commerce. By Mr. RADCLIFFE: A bill (H. R. 7238) granting a pension 'By Mr. KLECZKA: Memorial of the Legislature of the State to Bessie M. Trenor; to the Committee on Invalid Pensions. of Wisconsin, urging the Congress of the United State~ to ac By Mr. REAVIS: A bill (H. R. 7239) granting an increase of ( quire, control, and regulate the principal and necessary stock pension to William F. Ramsey; to the Committee on Invalid ; yards and the refrigerator and other private car lines in the Pensions. , United States; to the Committee on Interstate and Foreign Com- By Mr. RUBEY: A bill (H. R. 7240) granting a pension to merce. Sarah Cox; to the Committee on Invalid Pensions. By Mr. Lil!PERT: .Memorial of the Legislature of Wisconsin, By Mr. SANDERS of Louisiana: A bill (H. R. 7241) providing favoring the Government control .of stockyards, refrigerator lines, for the payment of $2.8,000 to the heirs of Jean Marie Heriard ; ~ etc. ; to the Committee on Interstate and Fore!gn Commerce. to the Committee on War Claims. By Mr. STEELE: A bill (H. R. 7242) granting an increase of PRIVATE BILLS AND RESOLUTIONS. pension to Edward F. Stewart; to the Committee on Pensions. Under clause 1 of Rule XXII, private bills and resolutions By Mr. VESTAL: A bill (H. R. 7243) granting an increase of were introduced and severally referred as follows : pension to Emsley Armfield; to the Committee on Invalid Pen By Mr." BOOHER: A bill (H. R. 7208) granting an increase sions. of pension to Perry J. Hainey; to the Committee on Invalid Pen By Mr. WELTY: A bill (H. R. 7244) granting a pension to ' sions. Mary Powell; to the Committee on Invalid Pensions. By Mr. BRINSON: A bill (H. R. 7209) granting a pension to By Mr. WHITE of Maine: A bill (H. R. 7245) granting a pen Mrs. !slay T. Pittman; to the Committee on Pensions. sion to Michael H. Brogan; to the Committee on Pensions. By :Mr. CARTER: A bill (H. R. 7218) granting an increase By Mr. WILSON of illinois: A bill (H. R. 7246) granting an of pension to Mary Plummer Hill; to the Committee on increase of pension to Melchior Hoerner; to the Committee on Pensions. Invalid Pensions. By Mr. COPLEY: A bill (H. R. 7211) granting an increase of By Mr. WILSON of Pennsylvania: A bill (H. R. 7247) for the pension to George Meissner; to the Committee on Invalid Pen relief of John H. Campbell; to the Committee on Military sions. Affairs. Also, a bill (H. R. 7212) granting an increase of pension to Alonzo Ackerman ; to the Committee on Invalid Pensions. PETITIONS, ETC. Also, a bill (H. R. 7213) changing the nav-al record of Clarence A. Richards for the administration of the pension laws; to the Under clause 1 of Rule }0'"..11, petitions and papers were laid Committee on Naval Affairs. on the Clerk's desk and referred as follows : By Mr. CROWTHER: A bill (H. R. 7214) granting a pension By Mr. BEE : Petition of D. 0. Klingeman and others of to Mary Manning ; to the Committee on Invalid Pensions. Karnes County, Tex., in favor of the modification of the war By Mr. CURRIE of Michigan: A bill (H. R. 7215) granting an prohibition measure and the exemption of light wine and beer ; increase of pension to Samuel D. Might; to the Committee on 'to the Committee on the Judiciary. Invalid Pensions. By Mr. COPLEY: Petition of Charles H. Williams and others By Mr. DARROW: A bill (H. R. 7216) granting an increase of Elgin, Ill.,. m·ging the repeal of the taxes on candy, ice cream, of pension to Margaret Stewart; to the Committee on Invalid and soda folllitain foods ::tnd drinks; to the Committee on Ways Pensions. and Means. Also, a bill (H. R. 7217) granting a pension to John C. Eckert; Also, petition of B. H. Curtis and others, all residents of Wood to the Committee on Pensions. stock, Ill., urging the repeal of the taxes on candy, ice cream, and By Mr. DENISON: A bill (H. R. 7218) granting a pension to soda fountain foods and drinks; to the Committee on Ways and Thomas Nevit Ferguson; to the Committee on Pensions. Means. Also, a bill (H. R. 7219) for the relief of Ferdinand A. Roy; Bv 1\Ir. CROWTHER: Petition of numerous residents of the to the Committee on Military Affairs. city. of Schenectady, N. Y., and Fidelity Lodge, No. 345, Inter - Also, a bill (H. R. 7220) granting an increase of pension to national Order of Good Templars, of New York, praying for full Robert Marshall; to the Committee on Invalid Pensions. enactment of legislation providing for the full enforcement of Also, a bill (H. R. 7221) granting a pension to Catherine Rent the eighteenth amendment to the Constitution, and also definitely fro ; to the Committee on Invalid Pensions. defining intoxicating liquors; to the Committee on the Judiciary. By Mr. DOOLING: A bill (H. R. 7222) granting a pension to Also, petition of numerous residents of the cities of Amster Patrick J. Blake; to the Committee on Pensions. · _ dam and St Johnsville, N. Y., praying for the repeal of the tax By Mr. DUNBAR: A bill (H. R 7223) granting a pension to on sodas, soft drinks, and ice cream; to the Committee on Ways James T. Brown; to the Committee {)n Pensions. and Means. By Mr. DYER: A bill (H. R. 7224) granting a pension to Ben Also, petition of numerous residents of the city of Schenectady, jamin Ratliff; to the Committee on Pensions. N. Y., praying for the repeal of the tax on sodas, ice cream, and By :Mr. GILLETT: A bill (H. R. 7225) granting an increase of soft drinks, etc.; to the Committee on Ways and Means. pension to Richard W. Woodbury; to the Committee on Invalid By Mr. CULLEN: Petition of representatives of the thirty Pensions. ninth annual convention of the Amel'ican Federation of Labor, By :Mr. liAYS: A bill (H. R. 7226) granting an increase of protesting against mob rule and lynchings; to the Committee on pension to ·william A. Swearingin; to the Committee on Invalid the Judiciary. Pensions. By Mr. •DYER: Petition of Brotherhood of Railroad Train Also, a bill (H. R. 7227) granting a pension to B. F. Poe; to men, of Cleveland, Ohio, in favor of the league of nations; to the Committee on Pensions. the Committee on Foreign Affairs. Also, a bill (H. R. 7228) granting an increase of pension to Also, petition of Liberty Legion No. 1, of Washington, D. C., Hiram M. Stacy; to the Committee on Invalid Pensions. indorsing the Dyer bill to regulate pawnbrokers and their busi Also, a bill (H. R. 7229) granting a pension to Benjamin ness in the District of Columbia; to the Committee on i:he Jones; to the Committee on Invalid Pensions. Judiciary. · By Mr. HOCH: A bill (H. R. 7230) granting a pension to By Mr. FESS: Petition of Benevolent Order: of Elks in con Emma Ervin; to the Committee on Invalid Pensions. vention at Los Angeles, Calif., favoring vocational rehabilita Also, a bill (H. R. 7231) for the relief of Matthew McDonald; tion ; to the Committee on Labor. to the Committee on Naval Affairs. Also, petition of St. Johns Baptist Church, Springfield, Ohio, By Mr. KETTNER: A bill (H. R. 7232) granting an increase favoring world prohibition; to the Committee on the Judiciary. of pension to Cora E. Ruttinger; to the Committee on Pensions. Also, petition of Kentucky State Teachers' Association, favor By Mr. KRAUS: A bill (H. R. 7233) governing the rank and ing adoption of Smith-Towner bill; to the Committee on Educa- pay on the retired list of the present Chief of Naval Operations; tion. ' to the Committee on Naval Affairs: By Mr. FITZGERALD: Petition of sundry citizens of Massa By Mr. LEA ()f California: A bill (H. R. 7234) granting an chusetts, favoring enforcement of prohibition, both in United increase of pension to Philo G. Tuttle; to the Committee on States and to Americans in China and wherever else treaties Invalid Pensions. permit; to the Committee on the Judiciary. By Mr. NICHOLS of Michigan: A bill (H.' R. 7235) granting ~ Also, petition of Lithuanian Alliance of St. Casimir Society, a promotion to Robert M. Smith; to the Committee on Military Boston, Mass., requesting United States to compel withdrawal Affairs. of Polish troops from Lithuanian territory and denial of assist- 1919. CONGRESSION.&L RECORD:-HBUSE. 2489 ~ ance to Poland as long as she occupies invaded territories ; to By 1\lr. WHITE. of Maine: Petition of Frank ·whitney and the Committee on Foreign. Affair& othe1~, of Farmington,.Me., protesting against the so-called Lane By 1\Ir. HUDDLESTON: Petition of G. W. Adams and others~ bill fo~ the reclamation of land for soldiers; to the Committee customers of 1\Ir. Giodanes, 632 North Twenty-fourth Stree~ on t'he Rnbllc Lands. J Birmingham, Ala., for repeal of tax on soda, soft drinks, and ice By 1\fi·. YATES: Petition of Frank E. Fresel, W. F. Shorte, cream; to the Committee on Ways and :Means. John Bannler, and Fred Kleinkert, all of Chicago, Ill., protest- By 1\Ii·. JOHNSON of 1\fississippL: Petition o~ the· Ellisnlle.· . ing·ag.ainst the league of nations; to the Committee on Foreign· Congregational• Methodist Church, of Ellisville, 1\fiss., Sunday Affairs. school, Ladies' Aid Society, and visitors, protesting against the. Also, petition of Denton. & Anderson, of Chicago, protesting repeal of the prohibition law; to the Committee on the Judiciary. ' against any legislation for the repeal of the recent zone advance AI o, petition of sundry citizens of Se~y, Miss., and the on. magnzine advertising· pages as-class legislation; to the Com- Mississippi Association, protesting against the Federal tax: on •mittee on the Post Office and Post Roads. . soda water, patent medicines, toilet articles, etc.; to the. Com.. Also, petition of the Biscuit & Cracker Manufacturers' Asso- mittee gn w:ays and Means. ciation of the United States; the American Hampshire Sheep By 1\Ir. KALANIANAOLE: Petition or 1\faui Chamber of Com- Association, C. A. Taylo-r, secretary; Chester (Ill.) Retail Mer mei·ce asking that the Federal good-roads act be amended to in- 1 chants' Associatio~ Fred :Middendorf, secretary, urging re clude the Territory of Hawaii; to the CDmmittee on Roads. tention of recent zone advances on advertising pages of periodi .AJ.so, petition of the Board of Trade of Hilo, Hawaii, asking cals; to the Committee on the Po.st Office and Post Roads. that the Federal'good.-ronds act be amended to include the Terri- Also, petition of the Tra.ffi.c Club of Chicag.o, urging the prin? tory of Hawaii; to tho Committee on Roads. ciples of the so-called Esch-Pomerene bill, now pending, and By l\Ir. KAHN : Petition of Christadelphian.s of Ridgewood, . suggesting an amendment,. and:· opposing the Poindexter long N. J., praying for exemption from military training; to the Com- and-short haul bill; to the Committee on Interstate and Foreign mittee on l\Iilitacy Affairs. Commerce. • By Mr. KT:.ECZKA: Petition of· 52 citizens of Milwaukee, Wis., Also, petition of the Up.ion Furniture· Co., of Rockford, Ill., requesting.the repeal of· tlie luxury-ta::c law; to the Committee on urging the passage of. legislation to compel magazine publishers Ways and Means. · to pay enough postage to protect the Government from loss in . By 1\Ir. LAl\.t:EERT : Resolution of the Common Council of the the carrying o.f the same; to the Committee on the Post Office city of Milwaukee, Wis., in favor of the amendment of the wire- and Post ROads. less ship act; t\1 the Committee on Naval Affairs. Also; petition off the ~ Centrnl Christian Church, of Peoria, Ill., By Mr. LONEltGAN: Petition. of Norden Lodge, No. 37, Ne:v urging enforcement of constitutional and war-time prohibition; · Britain, Conn., International Order of Good. TemplarS; fot• prohi- ro the Committee on the. Judiciary. bition enforcement la.w; to the ComJ!littee on. the Judiciary.. Also, petition of the National Confectioners' Association of By 1\fr. MeG LENNON: Petition of the Board of Commissioners the United States,. urging the repeal1of the 5 per cent excise tax: of the city of Hoboken, N. J., urging the adoption by the Con- on candy; to the Committee on Ways and Means. gress of the United.States of a resolution providing for the. recog- nition of the Republic of Ireland; to the Committee on-Foreign Affairs. · HOUSE OF REPRESENTATIVES. By 1\Ir. NOLAN : Petition. ·of/ Retail Furniture Association of California favoring the exclusion of J"apanese; to the Committee 8-ATURDA·Y, July 1~·, 1919. on Immigration. . By 1\fr. REBER: Petition ot John F. Hayes, past commander;. The House.. met at 12 o'clock noon. Timothy P. 1\lcCain, commander; \Villium H. Conry, senior vice 'l'he Chaplain, Rev. Henry N. Couden, D; D., offered the fol commander; William G. Bees, adjutant; and John \V. Fogel, lowing prayer : quartermaster, Colonel Theodore Roose'V'elt Camp, No, 25, Span Infinite Spirit; G<>d, our Heavenly Father, constant in Thy ish-American War Veterans, of Shenandoah, Pa.,. asking for do care over us, faithful in Thy ministrations unto the children of nation. of one German cannon or fieldpiece to be placed on a. plot men, we would draw near to Thee in prayer, that our minds of ground which the Spani;;;ll-American war veterans own in the may be illumined, our hearts purified, our conscience quickened, Annunciation Cemetery for the burial of deceased member.s; to that we may walk worthy of· the high calling of heaven, as re the Committee on Military Affah·s. vealed in the incomparabl~ life and character of Thy Son Jesus Also, petition of Joe Yakamavege,. of Tamaqua, Pu.; Charles Christ, the world's Great Exemplar. .A.:.men. Boches, of Shenandoah, Pa: .; and Thomas Kutskill, of Shanan The Journal of the yroceedings of yesterday was read nnd ap doah, Pa., urging the United States to demand the withdrawal pro\ed. of Polish troops from Lithuanian territory and..to give Lithuania TREA..T!\fENT OF OUR SOLDIERS. a moral support in her war against Bolshevists ; to the Com ·The SPEAKER. Under the order of the House the gentle mittee on Foreigu Affairs. man from Massachusetts [Mr. DALLINGER-] is recognized for Also, petition of Thomas Vilkuitis, Frank Wasilians, \Villiam five minutes. Walacavage, Paul Walacavage, all of Trunaqna, Pa., and Thomas ~lr. DALLINGER. 1\-Ir. Speaker, I ask unanimous consent to Kazlanska and Y. Kralikas, of St. Clair, Pa., asking the United extend my remarks in·the RECORD and to include a letter received States to demand the withdrawal of Polish troops from Lithu by me from a soldier. anian territory and to give Lithuania a moral support in her wa'l· The SPElAKER. The gentleman from Massachusetts asks against Bolshevists; to the Committee on Foreign Affairs; unanimaus consent to extend his- remarks in the REcoirn in the By Mr. SANFORD: Petition of residents of Troy, N. Y., op manner indicated. Is there objection? posing enforcement of the eighteenth amendment; to the Com There was no objection. mittee on the Judiciary. Mr. DALLINGER. Mr. Speaker, I hold in my· hand a letter By Mr. SINCLAffi: Petition of the Woman's Club· of Bot which I have received from Mr. .Tames W. Beckman, of New tineau, N. Dak., indt>rsing the Smith-Towner educational bill; to York City, a former sergeant major with our troops in France. the Committee on Education. It contains some of the charges against the officials of the Also, petition of citizens of De Sart, N. Dak., for the repeal provost marshal's office of the American Expeditionary Forces of tax on sodas, soft drinks, and ice cream ; to the Committee at Paris that are appearing daily in the New York Globe and on \Vays ·and Means. other papers of the country. I have met Mr. Beckman, have By Mr. SMITH of Illinois: Petition of sundry citizens of the read copies of affida:vits substantiating these charges, have seventeenth district of Illinois for the repeal of the tax on talked with men who served in the Army in France, who state candy, ice cream, etc.; to the Committee on Ways and 1\Ieans. that the conditions described were mutters of common knowl By 1\fr. VARE: Petition of Grand Lodge of Brotherhood of edge to the American soldier in France, and have become con Railroad Trainmen, supporting the league of nations ; to the 'inced that there is truth in these reports. Committee on Foreign Affairs. Briefly, it is charged that our soldiers who went to France By Mr. WASON: Petition of Charles W. Pierce and 97 other imbued with patriotism-the best blood of our land-sailed members of Charity Lodge, residing in Wilmot Flats, N. H., and across the sea to fight despotism and found a .species of despotism vicinity, urging the enforcement of the eighteenth amendment worse. than that for which we are going to punish the Kaiser. to the Constitution; to the Committee on the J'udiciary. Assertions. are made that our own loved ones were beaten, By Mr. WATSON of Pennsylvania: Resolution. adopted by cluhbed, starved, all in. the name of democracy ; that men the National Association of Sheet and Tin Plate Manufacturers caJUghtl in the web of the American military police system of to forbid the immigration of foreigners into this country; to the Paris were plhced in prison pens viler than those of -Anderson Committee on Immigration and Naturalization. ville; that our soldiers, some of them wearing wound stripes,