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, 2490 OONGRESSION AL RECORD- HOUSE. JULY 12,

some returning to duty after weeks and months of suffering in Another way men were trapped and betra~·ed uy the military police was when a man would arrive in Paris, say, at the Gare du Nord, a hospitals, were thrown into prison without trial and without rallway station of Paris, perhaps having come from a hospital and charges e'er being preferred against them for such offenses as not knowing just where to go, would go up to the provost marshal at failure to h::rve proper military travel orders in their possession. the station, and explain his situation, and ask for instructions. The militar~. police at the station would be very sympathetic and say to Evidence is produced showing that men were hit and clubbed the soluier, " Oh, yes; that can be very easily fixed up if you will just go until they bled and fainted, and that one man even preferred and see the provost marshal at Ste. Anne's Hotel. They will straighten death to the treatment to '\\hich he was subjected and took his everything up for you and tell you what to do." So the man would go to the headquarters of the military police as directed by those in own life. authority. But he would be sent without a pass. Naturally, he could One can only gasp at such tales of barbarism. It takes one not be expected to know the local regulations. That was why he in­ back to ·the horrors of the middle ages and the tragedies of the quired for instructions. There, without being given any opportunity to explain his case at all, he was placed under arrest almost before French Revolution for a fitting parallel. Our own men cap­ he knew it and accused of being absent without leave. I am saying tui:ecl in the heat of battle by the Hun, captured at a time accused, because they were put through all their ensuing torture without when blood ran free, were treated with loving kindness in com­ having any charges preferred against them, nor being allowed to ex­ plain their cases and proceed to their organizations. parison. Prisoners were usually detained at the Ste. Anne's Hotel about one Let me at least quote to the House, l\Ir. Speaker, three short day, when they were transported in trucks to the Bastille. However, paragraphs of this letter sent me by Sergt. B'eckman. He on one occasion nine men were forced to stand on the roof of this hotel two days and two nights. If they faltered or fell from exhaustion, writes: they were beaten up by the military police under officers• orders. A most horrible incident was the case of a soldier who could not The prison used by the American Expeditionary Forces at Paris is a speak English very well, much less understand it thoroughly. He was big stone building, inclosed by a strong wall about 15 feet high. It con­ struck and beaten for not snapping to a minor command. He cried, tains many tiers _pf stone cells, each ~ll with a padlocked iron door. "This is terrible." The cells are small boles in walls strung along dark halls. Each cell " We'·ll show you how terrible it is," replied those who were beating has only a single cot. him, and he was taken before the personnel officer and two sergeants. Two men and often three were forced into a single cell. Four men A lieutenant beat him a,gain, and put him in a cell on bread and water. have been confined in a single one of these cells. In one instance the Evidently they considered this too good for him, so he was placed in a fourth was compelled to sleep on the floor without a blanket. The men pup tent for solitary confinement. were herded to their cells by a general prisoner by the name of Cohen, During the afternoon his quietness was noticed, and when they went who shouted, " Get in your holes, you rats, or you're out of luck." over and tore his tent down he was lying on his back with his throat The guards were a hard lot. One night three of them were playing cut. . It was about an hour before the ambulance arrived and the silent a game of cards. They o-ot into an argument and one of the guards form borne off to the hospital. And thousands of miles across the sea accused another of something and said he had a .good mind to shoot and land perhaps there awaited a gray-haired mother with a service him. The fellow dared him to shoot, and the guard then pulled out star in the window of her humble home, who received word from the his gun and killed the other two. This shows the tyP.e of men that War Dl.'partment that Gen. Pershing had reported her son among those were chosen to confine men who were some of America s noblest fight­ who "died from other causes." ing heroes. The military police were apparently under the influence As the chosen representatives of 100,000,000 free people we of liquor most of the time. When the soldiers entered this prison they were listed as prisoners can not sit idly while stories of torture such as these are made. and subjected to prison regulations. ·They were compelled to sur­ They must be proven false or true, and if true every officer and render their le~gings and all personal belongings, including their every enlisted man who was in any way responsible for such money. All durmg the procedure the soldiers were sworn at and re­ viled with unprintable language. - conditions, either directly or indirectly to blame, must suffer One night when a bunch of soldiers were brought there and were a proper punishment. Democrat and Republican must stand waiting in the guard room to be assigned to cells, a soldier did some together to institute such reforms in our Army and our War trivial thing. A noncommissioned officer ordered a ergeant to bit the man. The sergeant in the most casual manner reached over and Department that in the future, if it be necessary, we can send hit him on the head with a club. It was a common thing at night to our sons and loved ones a way again to fight for their country hear men groaning. When anyone inquired what was the matter, he will was told that the men were being beaten by prison guards. with the assurance that each soldie1· be treated as a free One man charged with a theft of something like 80,000 francs, abont man until he is found guilty by a proper court of an infraction $15,000, escapE:d from the prison. The first night of the day of bis of military law. capture he was beaten into unconsciousness and then revived with cold watE:r and beaten again. This treatment was kept up for tbree uays. I have turned over the information in my possession to the The man went about the Bastile with his face all bandaged up and select committee of the House appointed to investigate th~ looked like a human wreck. expenditures· in the War Department. I shall watch the in­ One night about 10 o'elock a negro was beaten all the ~ay down the hall· to his cell and one of the men beating him was h<'ard to say, vestigation of these charges by that committee, and I know "You will try to ldll a white man, you black --.'· "The cries of that everv other .Member of this House will do the same. There the negro were frightful," says ·a report. will be a· unanimous demand that the facts be ferreted out. I Men were ordinarily kept here only one day. Ilowev<'I, on one occa­ sion about five or six men taken to the prison in a "detachment •· of am confident that this committee will call witnesses and ask prisoners were held there for 16 days because their papers bad bctn for the records of the War Department and conduct an im­ lost by the militru·y police. During tbe entire 16 days of their confine­ partial and thorough investigation of the truth of these cliarges~ ment in the prison these men tried every way they could to have au interview with an officer, but were refused. At last, in a general NEw YORK CITY, June 20, 191!1. check-up of the number of prisoners It was found that tbere were fi>e lion. FREDEIUCK W. DALLINGER, or six more than were accounted for. There were in the neigbborlloocl House of Representatives, Washington, D. 0. of a thousand soldiers in the place. It was thus that these men \Y<'rc DEAR SIR: As a former soldier, who volunteered to fight the fight for discovered and sent out to farm No. 2. democracy and who served in France about one year with the American In the case of one man who had been in France only a week before Expeditionary Forces and who was recently returned to America and his arrest, I understand that while changing trains at Paris. durin~ honorably discharged with tlle rank of sergeant major, I wish to lay a necessary wait of a few hours, he became slightly affected with drink: before you, a Member of Congress, facts relative to the treatment re­ was noticed by a~ American military policeman, picked up, and sent' ceived by loyal American soldiers by the American .authorities at Paris. to Ste. Anne's Hotel. Ile was held in the pri:;:on for 1G days, then s.-nt Every charge I make, you will see, is substantiated by copies of affi­ to farm No. 2 for 16 days, and finally spent G clays at the stock:.:(1c. da>its which I attach. Every charge can be proved. I believe you will This made a total of 3o days. He bad arrived in France November 1:!, agree with me 1hat they are of such a horrible nature that they war­ 1918, the day after the armistice was signed, and on the 20th 11<' m1s I·ant the attention of every loyal American, and especially every Member a prisoner. Sent to France to fig-ht for the world's liberty and de:uoc­ of Congress. Thus their repetition will become impossible. It should racy, in the two months he had been there he had been free only 8 be Lorne in mind that there is good reason to believe that the same days! The rest of the time he was a prisoner with no charge a g aiu:~t things are going on in France to-day. If fhere is even a remote possi­ him being brought up. bility of that being the case, I am sure every father and every mother Farm No. 2 was then run by Company K, One hundred and fifty­ who has a son over there will demand the proper action by Congress eighth Infantry, of the Fortieth Division. Lieut. Rmith was the r.nd I believe that the 2,000,000 soldiers who served in France and then! officer in charge. This lieutenant was known ns " Hard Boiled Smith"; parents, families, and friends will want to know of every Member of in fact, he boasted of it before the men when giving special exllibi­ Congres· why he failed-if you and your colleagues do fail-why he tions of his criminal brutality. Farm -o. 2 was a French farm out­ failed to do his part to correct conditions when they were brought to his side of Paris used by the American Army as a prison camp. The1·e attention. were many stables, three-quarters of which were used by the men When a man was picked up in Paris without a pass or with a pass of Company K, \Yhich numbered about 250 men. The other qua1·ter that had expired by members of the American military police, be was of the stables was used for the prisoners, who sometimes numbered ns taken to the provost marshal, in Ste. .Anne's Hotel, Paris. At this high as 1,200 men. These men were quartered in something lil! • 10 place he was given no opportunity to explain his case, but was accused stalls, each about the size of a two-horse stall, and :1 loft just above of being absent without leave, a thing that was true in only a com­ these stalls. The o>ertlow was put in pup tents in a small yanl. paratively few cases. 1\Iost of these men were casuals returning from About 16 men slept in a single stall. For the 1~200 men there was hospitals or traveling ...under military orders, but, through lack of knowl­ but one latrine about 12 feet long and 2 feet wioe. It was situa tcen returned to them in Paris would be welcomed at the Ste. Anne's Hotel. This was the before they left the Paris prison, they were tal>en away from them headquarters of the American military police, and soldiers who re­ here. A big box was placed in the center of the room. As the men·s sponded to these advertisements in good faith were arrested if there belongings were taken from them they were tossed into this box. was the slightest irregularity about their papers. This was a frequent Lieut. Hepstein sat beside the box and immediately took posses~ion occurrence, because most American officers were so ignorant of Army of anything that was valuable. Money was tbrown into this box, anil paper w6rk that they seldom knew how to get any but the simplest there was no way of identifying to whom it bP!onged. In some cases military orders right. Once in the clutches of the·military police at Ste. the men were given recc.ipts for their mouf'y; bnt in others they were Anne's Hotel, the Bastille was only a day away. not. It all seemed to ~'?Pl'nu upon the wh:m of the officer. • 1919. CONGRESSIONAL RECORD-HOUSE. 249ll

Many of the· men had been in the lines, where they had fought t.hc H. R. 246. An act to authorize the county of Luzerne, Sta~ i Hun to defeat :md death. They had acquired a good m:llly souveJl!rS from Germans killed in battle o:r -taken prisoners. These sou-yemrs of Pennsylvania, to construct a bridge across tlle Susquehanna: included almost everything-belts, helmets, Luger automatic p~stols, River from the township of Conyngham, county of Luzerne, · · watches, iron cr o. ses, medals, and. any number o.f articles. Nat'!lrally, Pa., to the borough of Shickshinny, county of Luzerne, Pa.; the men prized t hese t reasures h~ghly. They had won them m the R. 241. An act to authorize the county of Luzerne, State fight to make the world safe far democracy. . . a These souvenirs were grabbed by th~ sergeants and officers w~th of Pennsylvania, to construct a bridge across qie Susquehanna I great exultation. The outfit running farm No. 2 during the penod .River from the city of Pittst()D, county of Luzerne, State of herein described had been in France only since the latter part of July or the early part of August, 1.918, and none of the men in it Pennsylvania, to the borough of West Pittston, county of e:ver saw any action. These ~cers .and sergeants were only too Luzerne, State of Pennsylvania; glad to rob the men who fought fox them of their hard-earned H. R. 242. An act to authorize the county of Luzerne, State trophies. It was a common thing to see a sergeant knock a man down or ~t of Pennsylvania, to construct a bridge across the Susquehanna him up on the slightest provocation. One morning as the men fell m River from the township of Conyngham, county of Luzern~, line for breakfa ·t one man was slightly out of line. Sergt. Ball went State of Pennsylvania, to the township of Salem, county of up to him and punched him in the face six times. A most horrible incident was the case of a soldier who could Dn 'liUmber. of this unfortunate young man persecuted into H. R. 3478. An act making appropriations to supply defi­ committing suicide was 634.. The date was about December 5 or 6, ciencies in appropriations for the fiscal year ending June 30, 1918, and the hour his body was borne away was about 3 in the 1919, and prim· fiscal years, and for other purposes; afternoon. . One morning about 9 o'clock four men were taken into one of the H. R. 4226. An act making appropriations to provide for the stalls tn the stable and beaten with blackjacks for 20 minutes. When expenses of the government of the District of Columbia for the they eame aut the blood was streaming from their faces and they were fiscal year ending June 30, 1920, and for other purposes; in a horrible condition. Lieut. Repstein, Sergt. Ball, and a duty ser­ geant of Company K, One hundred and fifty-eighth Infantry, together H. R. 4630. An act granting th~ eonsent of Congress to the with three genet·al prisoners, entered the stall with ~e fonr men county of Miller, State of Arkansas, to construct a bridge across who were beate-n up. A guard with a rifte on his shoulder stood at Sulphur River, near the Texas & Pacific Railroad Bridge, in the door. After the men came out, Lieut. Hepstein and another stood in the door examining their fists. The men were taken over to wash said county and State; ofr the blood, and one man, a little weaker than the other three, lingered H. R. 4631. An aet granting the consent of Congress to the behind. Sergt. Ball punched him in the ear from be~lnd and kicked him county of Miller, State of Arkansas, to construct a bridge · into line with the other three. These men were put on bread and water. A prisoner who carried the water to them said the guard across Sulphur River, at or near Blae1..'"Illans Point,· in said inquired ai: the Jdtchen :for their bread, but the mess sergeant told him county and State; there was no bt·ead. so the men had to go without it. H. R. 5227. An act making appropriations for the support of Atont 2 o'clock of that afternoon three French women were escorted to the officers' quarters bY Lieut. Hepstein, Lieut. Mason, and thB .Army for the fiscal year ending June 30, 1920, and for other Lieut. Leslie. '.rhat night the piano played until 2 o'clock in the purposes ; and mornincr , H. R. 5608. An .act making appropriations for the naval orne" of th-e men were kept as lang as three weeks at this farm and then they were sent to the stockade just -outside of Cholles. This service for the fiscal year ending June 30, 1920, and for other stockade was a regular military prison with a big iron fence all purposes. around it and lookout posts about 20 feet high. The stockade was LUXURY TAXES. even worse than farm No. 2. The men recetved the same criminal treatment and the living conditions were worse, if possible, than those Mr. FORD:NEY. 1\lr. Speaker, I ask unanimous consent that at fat·m No. 2.. beeau e the stockade was simply an inclosure of mud with no shelter of any kind aside from miserable Htt;le tents. .. House bill 2021, on the Union Calendar, No.3, be referred back Two of the Jl'l'isoners at farm No. 2, after the anmstice was SJ.gDed, to the' Committee on Ways and Means. said they had been prisoners of war in Germany and that the treat­ The SPEAKER. The g€Utleman from Michigan asks unan­ ment they received m the German prison camps had been far better than that which they received in the Paris prison, at farm No. 2, and imous consent that House bill 2021 on the Union Calendar be in the stockade. referred back to the Committee on Ways and 1\feans. Is there The incidents I have Telated in this letter I can sohstantiate• .and objection? are contained in an official report from the inspector general of the Second Army Corps to General Headquarters American Expeditionary Mr. CLARK of Missouri. What is the bill? Forces, and represent only a few of the atrocities committed at these Mr. FORDNEY. It is a bill introduced and brought np in places. the House some time ago to repeal section 904 of the revenue Newly returned soldiers •. ~hom I know personally and on whom I rels·, inform me that conditions such. as I ha:ve described 'Still exist, act. and that there seems to have been no Improvement. . 1\fr. BANKHE1AD. Reserving the right to object, what is the Lieut. Col. Ansell has told us what happens to the soldier fot· the puri>ose? slightest infraction of Army Regulations. I wonder what sort of pun­ ishment bas been or will be meted out to those responsible for cruel­ Mr. FORDNEY. Other bills have been introduced to repeal ties and torture worse than ever experienced at ·Andersonville. other sections of the law. A request was made by the Com­ Very truly, yours, .lA.MElS W. BECKMA:'i. missioner of Internal Revenue that the matter be postponed as to further repeal o.f that section of the law until he .could MESSAGE FROM THE PRESIDENT. make a report to the committee. The committee has receiYed Sundry messages, in writing, rrom the President of the United the report from the commissioner, and would like to have the States was communicated to the House of Representatives by bill referred back. Mr. Sharkey, one of his secretai·ies, who also informed the The SPEAKER. Is there obJection? House of Representatives that the President had approved and There was no objection. signed bills and joint resolution of the following titles: . Mr. FORDNEY. 1\fr. Speaker, I ask unanimous consent to June 30, 1919 : . print with this request a letter reeeived from the Commissioner H. R. 2480. An act making appropriations for the current and of Internal Revenue setting forth the estimated r~enue that contingent expenses of the Bureau of ll;ldian Affairs, for ful­ ·will be collected under that law for the last year and the filling treaty stipulations with various Indian tl'ibes, and for coming year's taxes. other purposes, for the fiscal year ending June 30, 1920 ;, and The SPEAKER. The gentleman asks u.nanimous consent to H. R. 5312. An act to supply a deficiency in the appropriation extend his remarks in the REcoRD for the purJ>O:Se indicated. for carrying out the act entitled "An n.ct to provide for the Is there objection? operation of transporta tlon systems w~le ~er Federal con­ There was no objection. trol, for the just compensation of their owners, and for other The letter is as follows: .. purposes," approyed 1.\farch 21, 1918. TREASU RY DEPARTMENT, Wasllitzgtoll, July 1, 1919. July 11, 1919: Hon. JOSEPH W. FoR"DN:mY, H. J. Res.104. Joint resolution providing for the appointment House of Representatit:es. by each Member of the House of Representatives .of two per­ MY HEAR Mn. FORDNEY : Referring to your telephone request for my o-pini1>n with regard to the possible yield of 1·evenue for the first 12- sons, whose names shall be placed on the rolls of employees of month period under the revenue act of 191 . l reg-ret that our ex­ the House of Representatives; perience thus far, covering only a period of four montns under the law, • 2492 CONGR.ESSION _A_L RECORD-HOUSE. JULY 12,

will not enable me to speak as definitely as you would desire and I should like. AGRICULTURAL APPROPRIATION BILL-VETO MESSAGE. Between July 1, 1918, and February 24, 1919, when the present law The SPEAKER laid before the House the following message went into effect, there was collected from all sources under the act of 1917 and deposited in the general depositaries, as reported to this from the President of the United States, which was read: bureau, $1,081,000,000. · To the House. ot Representatives: Between the effective date of the present law, February 24, 1919 and the close of the fiscal year, June 30, 1919, there has been collected I take the liberty of returning II. R. 3157, "An act rnak\ng $2.758,000,000, making a total for the fiscal year 1919 of $3,839,000,000. appropriations for the Department of Agriculture for the fiscal We have, as you know, had the benefit of only two of the four in­ stallment payments under the present law. On the March 15 install­ year ending June 30, 1920," without my signature. ment we collected from income and profits taxes $1,185,000,000; from I realize, of course, the grave inconvenience which may arise the second installment, due June 15, we collected from income and profits from the postponement of this legislation at this time, but feel taxes $949,000,000. The collections, therefore, from income and profits taxes for the two installments amount to slightly more than $2,134,- obliged to withhold my signature because of the clause which 000,000. . provides that "at and after 2 o'clock antemeridian on Sunday, It is my opinion that the number of individuals and corporations that October 26, 1919, next, the act entitled 'An act to save daylight have paid their income and profits taxes in full will reduce the Septem­ ber and December installments from these sources to possibly $900,- and to provide standard time for the United States,' approved 000,000 each, making the collections from income and profits taxes March 19; 1918, be, and the same is hereby, repealed." under the law, for the first 12-month period, $3,900,000,000. The esti­ ·I believe that the repeal of the act referred to would be a v-ery mated yield under this law from income and profits taxes was $4,400,000,000. We are expediting the audit of old income and prouts grave inconvenienc·e to the country, and I think that I am justi­ returns in such a way that we may be able to make up from back taxes, fied in saying that it would constitute something more th:m an the canvass of delinquent taxpayers, and other internal-revenue sources inconvenience. It would involve a serious economic loss. The the apparent deficit in the estimates above indicated. We have been delayed in interpreting the law anrl getting out the act of March 19, 1918, to" save daylight" resulted not only from necessary regulations and forms for the collection of the sales and mis­ a careful study of industrial conditions by competent men fa­ cellaneous taxes, but this is now under full headway, and we expect miliar with the business operations of the country, but also from to collect slightly more than the amount estimated. I am of the opinion that we shall be able to collect during the first observation of the happy and beneficial consequences of similar 12-month _period under the new law the estimated amount, $5,800,- legislation in other countries where legislation of this character 0001000, and the estimated $4,000,000,000 during the second 12-month has been for some time in operation, and where it has resulted, period under the reduced rates. At this time there is not sufficient indication of additional margin over the estimated amounts to justify as- the act of March 19, 1918, has resulted in the Unih~d States, a recommendation for the repeal of any revenue-producing section of the in substantial economies. That act was intended to place the law other than as already mdicated by the department without there chief business activities of the country as nearly as might be should be substituted therefor equally productive revenue sources. Sincerely, yours, within the limits of daylight throughout the year. It resulted DANIEL C. ROPER, Oommissionm·. in very great economies of fuel and in substantial economies of energy, because of the very different effect of work done in the ABSENCE OF A QUORUM. daylight and work done by artificial light. It, moreover, serve

. The question was taken; and on a division (demanded by son of their native ability, their proven general experience, and Mr. LAGUABDIA and Mr. McARTHUR) there were--ayes 225, their special training, and. to whose advice the disabled men noes 77. must look as well as for superintendence in the matter of Mr. CANDLER. Mr. Speaker, I demand the yeas and nays. tr~ining and employment. Among these are · the vocational The SPEAKER. The gentleman from Mississippi demands advisers, whose special duty it is to study the men in the hos­ the yeas and nays. Those in favor of ordering the yeas and pitals, confer with them, and lay out thefr vocational plans. nays will rise and stand until counted. [After counting.] hese hospital cases must, if these men are to be dismissed or Twenty-four Members have arisen, not a sufficient number, aneeta­ this matter I speak the sentiments and' the hopes of those who tions of the country that their soldier, sailor, and marine dis­ have most carefully -studied the. needs of the returning soldiers abled in the recent war should be given an opportunity to secure­ .and who are best· qualified· to carry out a purpose which I am at the expense and under the fostering care of the Federal sure the country has -very much at heart. Government such training as he needs to overcome the. handi­ WooDROW Wrr.soN. ; cap of his disability and to resume his place as a civilian able THE WHITE HousE, to earn a living upon something like equal footing with those 11 July, 1919. with whom he was associated before he made his great sacrifice Mr. GOOD. Mr. Speaker, I move that the bill H. R. 6176, for the honor and defense of the country. the sundry"civil appropriation bill, and the President's message The work of rehabilitation under this admirable law is now at in regard thereto, be referred to the Committee on Appro­ its height, and was to have been given greater speed and cer­ priations. tainty by the amendment to section 2 of the vocational rehabili­ Mr. BANKHEAD. Mr. Speaker-- tation bill, which I have to-day signed, and which places the The SPEAKER. The,_ gentlemail -from ,.Iowa moves that the whole responsibility for vocational training in a single agency, President's ·message be ·referred to the Committee on Appro­ virtually transferring from the War Risk Insurance Bureau to priations. 1 the Federal Board for Vocational Education $~000,000 with Mr. GOOD. And on that motion I move the previous question. which to support disabled men in training at the generous :figure The previous question was ordered. . of $80 a month for a single man and $100 a month for a man Mr. KINCHELOE. Mr. Speaker, a ~arliamentary inquiry. I and his wife. The SPEAKER. _ The gentleman will state it. t It is a matter of very grave concern, therefore, that at the Mr. KINCHELOE. If the motion of the gentleman from very moment whep. these disabled men are coming in constantly Iowa should not prevail-that is, if it should not be referred increasing numbers to the Government to avail themselves of to the Committee on Appropriations-when would the vote on this generous plan that there should appear in the sundry civil the question of sustaining or overriding the veto come? appropriation bill, which I now return, limiting clauses which The SPEAKER. It will be voted on immediately, unless some. will do much more than seriously cripple and retard the bene­ other motion shall direct or fix some other time. ficial work of restoring these men to useful and contented lives. Mr. BANKHEAD. Mr. Speaker, if it is in order, I was taken Those clauses would probably, in fact, if put into effect, nullify by surprise by the motion of the gentleman from Iowa. [Cries th~ whole purpose of the act and render its administration prac­ of "Regular order!"] I am not objecting to its going to the. tically impossible. The section of the bill which I now return, committee, but as a matter of justice and fair dealing I think I which governs the appropriation for this work, provides the sum should be permitted· to ask the chairman of the Committee on of $6,000,000 ·for all the expenses of rehabilitation, including Appropriations one or two questions. 1 the support of the disabled men in training, and this sum is Mr. GOOD. The previous question has been ordered; there stated to be "in lieu of the appropriation contained in the act is only one question ·before the House. l approved July -, 1919. amending section 2 of the act approved Mr. BANKHEAD. l\fr. Speaker, a parliamentary inquiry. · I June 27, 1918." Inasmuch as there are already over 4,000 dis­ The SPEAKER. The gentleman will state it. ~ abled soldiers, sailors, and marines in training, and inasmuch Mr. BANKHEAD. I want to ask if under the rules of the as another 4,000 will be put into training now that the amend­ House debate is not allowed upon a motion of this sort? ment to section 2 has become law, it is clear that even at the The SPEAKER. Twenty minutes on a side is allowed. rate of only $80 a month a sum approximating $8,000,000 will Mr. BANKHEAD. I ask for recognition. be required for the mere support of these men, and that under The SPEAKER. The Chair recognizes the gentleman from the present appropriation nothing will be available for their Iowa first. Does the gentleman from Iowa desire to be heard? tuition and travel or for placing them where they can earn a Mr. GOOD. Mr. Speaker, I do not care at this time to be living, and it will be impossible to meet the needs of the new heard upon the motion at all. I reserve the remainder of my, thousands who are every week seeking the benefits of the re­ time. habilitation act. In the offices of the board in the District The SPEAKER. Unless some member of the Committee on: of Columbia and in 14 great centers of the United States imme­ Appropriations on the minority side desires recognition the diate help is being given to men in need of these services, and Chair will recognize the gentleman from Alabama. these offices are 11sed for the essential purpose of keeping accu­ Mr. MOORE of Pennsylvania. Mr. Speaker, a parliamentarY, rate recor6s, of providing proper medical survey of the men, inquiry. of caring for them in their illnesses, and for various adminis­ The SPEAKER. The gentleman.. will state it. trative costs inseparable from difficult work of this kind, which Mr. MOORE of Pennsylvania. Was not the motion for the must, in the present circumstances, reach to every corner of the previous question carried? United States. The SPEAKER. It was. Furthermore, the same section of the sundry civil bill places Mr. MOORE of Pemisylvania. Then what is the parlia· such limitations upon the salaries whicll the Federal Board rnentary status? for Vocational Education is permitted to pay that it will The SPEAKER. There are 20 minutes on a side on the inevitably result.in the loss by the Vocational Board of a very previous question. ~arge number of men who have made themselves especially Mr. BANKHEAD. Mr. Speaker, I desire to make a very, _ valuable, and, indeed, indispensable, in this new work by rea- brief statement in connection with the veto message of the LVIII--158 2494 CONGRESSIONAL RECORD-HOUSE. JULY 12,

President as relating to this appropriation. · The Members of prohibition-enforcement law. The gentleman from Iowa [Mr: the House who are present will remember that when we had Gooo] will take the chair. . up the discussion of the sundry civil bill carrying this item that The CHAIRMAN. The House is in Committee of the Whole in connection with the other members of the Committee on House on the state of the Union for the further consideration ol: Education I very sincerely and earnestly sought to impress the bill H. R. 6810, of which the Clerk will report by title. upon the membership of the Committee of the Whole House The Clerk rend as follows: at that time the utter inadequacy of the appropriation carrlealcohol and promote Its use in scientific· research and in the development ot House and was reported by the conferees Members will recall fuel, dye, and other lawful industries. . I . asked the chairman of the Committee on Appropriations- Mr. MADDEN. Mr. Speaker, I make the point of order that · The CHAIRMAN. There remain 3 hours and 13 minutes for the gentleman is not discussing the motion to postpone or refer. general debate, 1 hour and 35 minutes to be controlled by the I make the point of order.. he must confine himself to the ques­ gentleman from Minnesota [Mr. VOLSTEAD] and 1 hour and 38 tjon before the House. minutes by the gentleman from Missouri [Mr. IGOE]. The SPEAKER. The gentleman is correct. The question The gentleman from Minnesota is recognized. before the House is to refer to the Committee on Appropria­ Mr. VOLSTEAD. I yield to the gentleman from Iowa [Mr. tions, arid the gentleman, of course, must confine himself to Boms]. · that motion. Mr. BOIES. Mr. Chairman and gentlemen of this Sixty-sixth Mr. BANKHEAD. Mr. Speaker, I was merely stating the Congress, in the discussion of this bill, which is designed to give preliminary situation before referring to that proposition. As effect to the eighteenth amendment to the Constitution of the far as I am personally concerned, without any conference with United States, it has been stated by a :l\fember of this House that the other members of the Committee on Education, I have no this bill was not drafted by the Judiciary Committee. As a objection to this motion which has been offered by the gentle­ member of the committee, I can not state who was the author of man from Iowa, but I would like to inquire of the chairmm of the original draft; but I am able to say that the bill as presented. the Committee on Appropriations, in view of this proposed ref­ to this House by the chairman of the committee is not, by any, erence to his committee, in view of the statements made by the means, the original draft but is the faithful presentation of the President, and in view of the statements contained in the sum­ views of a very large majority of the committee, after hearings mary of the situation which I had printed in the CoNGRESSIONAL and discussions exteniling over a period of nearly 30 days.· And RECORD on Wednesday, whether or not the chairman of the Com­ I give credit to every member of the committee for his earnest· mittee on Appropriations will be inclined to reconsider the ness in urging his attitude in connection with the many proposi­ proposition upon its merits at an immediate date and refer the tions that were proposed, discussed, and considered. matter back to the House, and if so, when? While a maj'ority of the committee is responsible for the pre­ Mr. GOOD. I will say to the gentleman it has always been sentation of this bill, the real responsibility now r-ests upon the the policy of the Committee on Appropriations in a matter of Members of this House. The work of adding an amendment, of the importance of this provision to give it full consideration any kind or character, to the Constitution of this Government in­ within the time that the committee can consider it. The com­ volves a most serious undertaking. One that should not be at­ mittee did consider this matter. The limitation placed upon tempted unless a great national question is involved affecting the bill with reference to salaries is much more liberal than the vitally the lives, happiness, and welfare of the people of this bill which the gentleman voted for in the last Congress -and Nation-in the language of the preamble of our Constitution: which passed the House with much more stringent limitations "Promote the general welfare." as to salaries. The very thing that the President complains of So important did the framers of our Constitution regard the passed the House without a dissenting vote, and even the presi­ matter of amendments thereto that they provided the method, dential voice was not heard with regard to that action, which and declared that before an amendment could be lawfully pro­ took place more than four months ago, until 12 days after this posed two-thirds of both Houses of Congress shall deem lt neces­ bill should have become the law. My object in sending the bill sary, or, on the application of the legtslatures of two-thirds of to the Committee on Appropriations is that this matter might be the several States, shall call a convention for proposing amend­ investigated and find out what the merits of the presidential ments. This done, the proposed amendment does not become a message were in that respect, and if the situation is serious to part of the Constitution until the legislatures of three-fourths of correct it. the several States ratify the proposal. · ' Mr. HARDY. Mr. Speaker, I raise the question that the gen­ All this precaution has attended the adoption of Article XVIII, tleman from Iowa is pursuing the very path of the gentleman with which we are dealing, .and which has now become and is from Alabama, that he is discussing the merits of the bill. a part of the supreme law of the land. Every Member of this The SPEAKER. The Chair thinks the gentleman from Iowa Congress bas taken a solemn oath to support and defend this was discussing the question of whether it should go to the article as fully and to the same extent as the other 17. committee or not. This is a Republic in fact when ruled by a maj<>rity of the Mr. BANKHEAD. As far as I am concerned, I do not care people, and it occurs to me that a Congressman, of all other to raise that phase of it. I think the remarks of the gentle­ citizens, can illy afford to suggest that any law this Congress man .from Iowa clearly indicate, as far as that is concerned, enacts to gi.ve force and effect to Article XVIII will not be he has the same fixed opinion upon this proposition that he had obeyed. ... entertained heretofore, and I want to ask the gentleman if he I am also convinced that the gentleman who said in his dis­ in these hearings will call before the committee the Director of cussion of this bill that the next or any subsequent Congress the Vocational Board and those who have charge of its ad­ could make provision for an intoxicant containing 12 per eent ministration in an executive way-- of alcohol did not fully realize what he was saying. As, if the 1\Ir. MADDEN. Mr. Speaker, I insist on my point of order. gentleman's statement is correct, a subsequent Congress might The only thing before the House is the question of whether repeal the one-half of 1 per cent clause and in lieu thereof insert this matter shall be -postpone!]. or be referred to the committee. 70 or even 100 per cent. A discussion on the merits of the bill is not before the House. In such event, I ask the gentleman what he thinks the Su­ The SPEAKER. The point of the gentleman from Illinois preme Court of the United States would say about such an is well taken, that the only subject before the House is the amendment. reference to the committee, but the House in determining This amendment to the Constitution authorizes this Congress whether it shall be referred or not can properly consider in to pass laws for its enforcement. The amendment means just some measure the objections that are made to it. The {)hair what the words import-to prohibit the manufacture, sale, or thinks the colloquy between the gentleman from Alabama and transportation, importation, or exportation of intoxicating the gentleman from Iowa was in order. liquors for beverage purposes. Three States of th.is Union onlY., Mr. BANKHEAD. Mr. Speaker, I reserve the balance of my have neglected to ratify this amendment. There is but o~e side time. to the question as to where our duty lies. The people of this The SPEAKER. The previous question has been ordered. country, without regard to politics, expect Congress to enact The question is on referring the bill with the veto to the Com­ laws that will enforce the provisions of this constitutional mittee on Appropriations. amendment and to effectually enforce them. · The question was taken, and the motion was agreed to. Much quibbling is being indulged in on the question, What • PROHIBITION OF INTOXICATING BEVERAGES. is intoxicating liquor? There are certainly degrees of intoxica­ The ·sPEAKER. The House under its previous order auto· tion, and it is well known that the degree of intoxication de­ matically resolves itself into the Committee of the Whole Hquse pends upon the per cent of alcohol contained in the liquor -<>n the state of the Union for the further consideration of the and the quantity taken into the stomach within a given time. 1919. CONGRESSIONAL RECORD-HOUSE. 2495

The Supreme Court of Iowa has held many times, under the Mr. GARD. Mr. Chairman, in the temporary absence of the statute prohibiting the sale of intoxicating liquor, that the sale gentleman from Missouri [Mr. IooE], I yield 15 minutes to the of any beverage containing any alcohol whatsoever is prohibited. gentleman from California [Mr. KAHN]. [Applause.] Iowa is not alone in such construction of like statutes. It is Mr. KAHN. Mr. Chairman, the constitutional amendment for supported by the decisions of the courts of other States and of prohibition has been adopted. There is no doubt but Congress the Federal courts. should pass some law regarding the question of what is intoxi- The broad statements of some physicians, testifying in favor eating liquor. But the provisions of this bill, in my judgment, of the brewers, that 2! per cent alcohol in beer is not intoxicat- will cause constant violations of the law. They are altogether ing is misleading. They should be subjected to a cross-examina- too harsh, too drastic. I want to call to the attention of the tion nnd their full testimony considered before it can be fairly committee a little colloquy that occurred on this floor on the 30th urged that what they say upon direct examination constitutes of December, 1918. The gentleman from Missouri [Mr. RucKER] all the testimony in the case. The average man, who has touched was speaking, and said, among other things, this : elbows with his fellow men for a considerable portion of his Let me remind the gentleman that in all probability we would have life, undoubtedly knows that one ordinary glass of 2i per c_ent to-day two saloons in this Capitol, as we did have for many years, if it had not been that the law wliich drove the whisky out of the Capitol was beer would not perceptibly intoxicate a person. But it does not brought in on a separate bili, but was ingrafted as legislation '?-POD not follow that such a beer is not an intoxicating beverage. an immigration bili, and, as a matter of fact, was voted for in derision Would any live doctor say that 10 glasses of 2i per cent beer by a good many gentlemen. would not intoxicate the average person-man or woman, boy Mr. KITCHIN said" it was put on as a sort of a joke." vr girl-consumed within two hours or even five hours? It Mr. CANNON then interrupted and said: probably has been the general observation that some persons Mr. Speaker, will the gentleman yield for a suggestion right there? may become drunk on a quantity of alcohol that would not Mr. KITCHIN said" Yes." perceptibly intoxicate some other person. This is not the ques- Then Mr. CANNON continued: tion presented to us for our consideration and determination. My observation is that while they do not sell liquor down in the We are bound, in all good conscience, here and now, to enact restaurant it is quite as easy to get liquor of any kind in the Capitol as it such laws for the enforcement of this eighteenth article of the ever was. Constitution as will meet the judgment of the people of this Mr. RAKER. \Vill the gentleman yield there? country and as is contemplated by this amendment. Mr. KAHN. No; I can not yield. There being no argument in favor of the saloon, there being And there was not a single Member on the floor of this no excuse for the liquor traffic, the same having become an House-- outlawed business, and so considered by 90 per cent of the Mr. RAKER. Will the gentleman yield right there? people of this country, I can furnish small excuse, if any, for Mr. KAHN. I will not yield. I have only 15 minutes. detaining you at any great length. However, there is one ques- And there was not a single gentleman on this floor that denied tion to which I desire to call your attention. the accuracy of the statement of the gentleman from illinois The professional bootlegger is by nature a criminal, and, as [Mr. CANNON]. such, should be dealt with. The bootlegger is the villain who I repeat, and the RECORD discloses the truth of my statement, hands out the vilest of vile whisky to the boys of this country. that nobody arose on this floor on that occasion to deny the state- He transacts his business in the back alleys and other out-of-the- ment of the gentleman from Illinois. ' way places; he is an animal in human form, but without hu- Mr. RAKER. Now, Mr. Chairman-- manity in his breast. He supplies the poor, weak man with that Mr. ~. I decline to yield. which kills. Fathers and mothers fear and loath this outlaw. The CliAIRl\1AN. The gentleman from California will pro- In this bill now under consideration there is no provision for ceed. enjoining the botlegger. It is true that criminal action may be Mr. CANNON. Will the gentleman yield for a suggestion, instituted against him, but this is not sufficient. From my ex- and that is to cut out everything that was said out of order-­ perience of more than 35 years as a lawyer and as a judge I know l\Ir. KAHN. I have only 15 minutes, and I desire to make that the needs of scciety demand that the bootlegger be en- a statement to the committee. This is an important matter. joined when he offends against the law. Under this bill as it One can not begin to discuss it as it should be discussed in 15 now reads you may prosecute him criminally, but this means minutes. Therefore I do not want to be interrupted. Now, delay in many cases, which are unnecessary to enumerate at Mr. Chairman, there is a great deal of hypocrisy and cant and this time, as it is well understood by the layman as well as the hysteria in this country. I have never yet been carried oft my lawyer that continuances are frequent, that juries do not always feet by the excitement or the emotional frenzy of the hour. I agree, and that sometimes even a bootlegger has sympathizers want to say here and now that I believe absolutely in tern­ in the jury box. With this injunction once applied, you can perance, and have always believed in it. I am not a drinking take this traitor to humanity immediately upon his offending man. I do not drink liquor. There are thousands of men who and dispose of him summarily, yet justly. drink infinitely more in one week than I in five years who are In view of my experience in handling the bootlegger. at the shouting their heads off to-day all over this country for pro­ proper time l shall offer an amendment, and in order that the hibition. I do not question their motives. I do not question the Members of this House may have time to consider the same I motives of anyone. Everyone must solve these problems ac­ will now advise you of its contents, to wit: cording to his own light and the dictates of his own conscience. SEc. -. That any person who shall, with intent to effect a sale of And I have always had the courage of my own convictions on liquor, by himself, his emplo;y-ee, servant, or agent, for himself or any person, company, or corporation, keep or carry around on his person, or these questions. in a vehicle, or other conveyance whatsoever, or leave in a place for I would not want to serve in Congress a single day if I felt another to secure, any liquor, or who shall travel to solicit, or solicit, or I had to suppress my own views on a question that I considered violiticntake or acceptof this orderstitle is for guilty the ofsale, a nuisance,shipment, and or maydelivery be restrained of liquor byin to be one of fundamental prinCl"ple in order to be reelected. injunction, temporary !ind permanent, from. doin.g or. continuing ~o do Mr. Chairman, there is a third party that ought to be con­ any of said acts or thmgs and from otherwise violating the provisions sidered in this legislation. I want to quote from William of this title. Graham Sumner, of Yale, a very able professor, who in 1884 In such proceedings it shall not be necessary to show any wrote an essay " On the case of a certain man who is never intention on the part of the accused to continue such violations thought of." I desire to quote at this time from that ess~y. if the action is brought within 60 days following such violation He speaks of "The forgotten man ": of the law. I desi·re to reo-ister my disa~eement with the claims made The fallacy of all prohibitory, sumptuary, and moral legislation is ,. ~ the same. A and B determine to be teetotalers, which is often a wise upon this floor, that a man should be permitted to" live his own det~rmination and sometimes a necessary one. If A and B are moved life." Such claim may receive indorsement when such life, by considerations which seem to them good, that is enough. But A and · di B put their heads together to get a law passed which shall force C to or the opportunity f or a cer tain mo d e o f life, d oes no t Jeopar ze be a teetotaler for the sake of n, who is in danger of drinking too the lives and the welfare of the many. This claim, in its broad much. There is no pressure on A and B. They are having their· own sense, means license, not liberty. The individual who refuses way and they like it. There is rarely any pressure on D. He does ·r·fice a little for the good of the .many is burdened with not 'like it and evades it. The pressure all comes on C. The question to Saci then arises Who is C? He is the man who wants alcoholic. liquors mistaken notions regarding his obligations to his neighbors, to for any honest purpose whatsoever, who would use his liberty without his Government, and to the world. abusing it who would occasion no public question, and trouble nobody I submit that the fair fame of labor and the good name and at all. He is the forgotten man· again, and as soon as he is drawn from memory of the American soldier have been insulted, directly and his obscurity we see that he is just what each. one . of us ought to be. by inuendo, in the effort to connect them, as great bodies of .I c~mmend that to th~ careful consrderation of eve.ry Member men with those who stand guard in defense of the liquor traffic. of this House. The brogl-apher of Prof. Su?Iner ~;rforms us [Applause.] Ithat he hated what is commonly known as ' ~h. What a Mr. REBER. Will the gentleman yield for a moment? world of it the professor would have ~nco~tered rf he had had The CHAIRMAN. The time of the gentleman has expired. to listen to the debates on these questrons m our days.

__. 2496 00~0:RESSJON AL REC_ORD-ij:OUSE. JULY 12,

Mr. Chairman, I have always opposed prohibition legislation, absinthe-undertook to pay every man who was in that busine. for two reasons. In the first place, such legislation holds out to for the loss he would sustain by reason of the desh·uction of his the peoples of th~ world an indictment of the American people. business. And yet gentlemen on this floor \Ote to wipe out a It holds them up as a n·ation of inebriates, who ~an not curb great in_dustry of a great State, fostered by the Federal Govern­ their appetites. I deny such to be the case. We are as sober ment as well as the State government, without any compunc­ as any nation · on earth, and the attitude of 2,000,000 men in tion whatever. [Applause.] France, who were able to buy wine over there and other liquors The experience of other countries has shown that the drinking as well,- attests as powerfully as anything I might say on the of wine and beer is not injurious to the welfare of the people of subject the sobriety of the American citizen under any and those countries. But, after all, as I have frequently repeated every circumstance. [Applause.] · on this :tlo-or, it is not the use but the abuse of alcoholic stimu­ My second objection to such legislation is that it is a mistake lants that is injurious. l repeat what I have stated on previous to say that prohibition legislation makes for obedi-ence to law. occasions regarding prohibition legislation-that, in my opinion, I contend that it leads to lawlessness. You all know that in those who can not control their appetites for stimulants will every prohibition community in this country men violate the resort, under prohibition, to the use of habit-forming drugs. prohibition laws. They think it but a little thing to violate 'rhat is infinitely more harmful to a nation than the use of such a law. But it is only a step from the violation of what alcohol. they deem a minor law to the violation of a more serious law. Men in authority in the large cities of the country have called Let me give you the statistics right here in the District of attention to the fact that since the prohibition wave has begun Columbia, the Nation's Capital, to emphasize what I say. I to sweep over our country the drug habit has begun to increase have here the records from the police court, over the signature enormously. Therefore, I say, let us have rational and not of the clerk of that court. He says that the cases in the Dis­ radical legislation regarding the use of alcoholic liquors. trict branch of the police court are as follows for the period . I repeat what I said at the beginning of these remarks-that covered: this proposed legislation is so severe and so drastic that if Oases filed in the Di,gtrict branch ot the police court. enacted as it has been reported from the Committee on the Jan. 1 to June 30, 1917------13, 138 .Tudiciary it will defeat its own ends. July 1 to Dec. 31, 1917-'------16, 715 Mr. IGOE. Mr. Chairman, I yield 10 minutes to the gentle­ Jan. 1 to June 30, 191&..------12, 306 man from Maryland [Mr. CoADY]. July 1 to Dec. 31, 1918------16, 628 ;ran. 1 to June 30, 1919------17, 726 The CHAIRMAN. The· gentleman from Maryland is recog­ nized for 10 minutes. That is more than they ever had before here in the District 1\!r. COADY. Mr. Chairman and gentlemen of the committee, of Columbia. The cases filed in the United States branch of I was a Member of the Sixty-~hird Congress and voted ngainst the police court were as follows : the Hobson prohibition resolution that came before this House Jan. 1 to June 30, 1917------"------3, 237 for consideration at that time and which failed to get the neces­ Jan.July 11 toto JuneDec. 80,31, 1917------1918____ -:______3;2, 405820 sary two-thirds vote. . I voted against the submission of this July 1 to Dec. 31, 1918------4, 312 resolution, and I voted against it because I believed the action Jan. 1 to June 30, 1919------3, 586 of this House in favor of that submission constituted a danger­ This statement is signed by F. A. Sebring, clerk of the ous invasion of the rights of the States and one which I fear will police court of the District ·of Columbia. The collections for come back to plague that section of the country from which so fines imposed in that court are equally interesting and en­ many votes in its favor came and from that section of the lightening about lawlessness. Here are the figures: • country whose Members violated the principles of a lifetime­ Oa,gh rece£ved in the Di,gtrict branch of tha police court. the principles and doch'ine of State rights. Jan. 1 to June 30, 1917------$56, G42. 85 . .Already, l\lr. Chairman and gentlemen, I hear rumblings of July 1 to Dec. 31, 1911------80, 523. 30 what is to come, not only from the majority side of this Cham­ ber but from this side as well, and it will be reh·ibutive justice. 137,166.15 You can not violate a principle without suffering the effects Jan. 1 to June 30, 1918------70, 351. 04 that flow from such violation. July 1 to Dec. 31, 1918------97, 364. 45 As for myself, I sincerely trust it w ill not come, and if a 167,715.49 measure of that kind is submitted here it will not receive my vote. J"an. 1 to June 30, 1919------96, 169. 85 The gentleman from Pennsylvania [Mr. MooRE], one of the Oash received in the Ut~rited States branch of the poUce court. ahle members of the Committee on Ways and Means, one of the Jan. 1 to June 30, 1917------$12,556.45 best-posted men on finance and revenue, told this House the July 1 to Dec. 31, 1917------:------15,832. 2.3 other

/ 1919. CONGRESSIONAL RECORD-.HOUSE. 2497 here without g1vmg them an opportuhlty to be heard. You, because of the antagonistic attitude toward it of a large part Mr. Chaii.·m:rn, .and I, and every Member of the last Congress, of our people. remember how that bill was brought in and how a gag rule You should leave to the £ever-al States the matter of enforce­ was invoked,· and how discussion was cut off, and not a man ment. .You submitted the amendment to the State legislatures, ,who opposed that bill was permitted to discuss it for a minute. and they ratified it. Are. we not now willing to trust the .same Some of the ablest constitutional lawyers in this. House have States to enact enforcement legislation? They are best capable said that this bill is not constitutional. Oh, but, Mr. Chairman of dealing with the question. Are there any Members here un­ 'and gentlemen, I do not expect that to have any weight with willing to trust the legislature of the State they represent? :these men in this House who are intent upon putting over on As for the war-time prohibition law, it was, in my opinion, :us this enforcement act. What, :Mr. Chairman, is the Oon­ the greatest legislative fraud ever perpetrated. There was 'stitution among the followers and adherents of the Anti-Saloon never any sound reason for its passage. The idea of its being League when they want to carry out their own purposes? I a food-conservation measure is pure nonsense, and we know that w:;ts Yery much pained the other day when the gentleman from its Anti-Saloon League advocates had no such honest intent in Michigan [Mr. CunniE], who, I believe, is a member of the demanding its passage. If they had, they would now favor its 'Judiciary Committee-! am sorry he is not here to-day-took repeal. Their purpose was to anticipate the Federal ·amend­ occasion in the course of his rema1·ks to reflect upon people ment and make the country dry by legislative enactment, which who came to Washington to exercise rights guaranteed to them they knew could not be done in times of peace. Every man under the Constitution to petition Congress. Here is the Ian- here knows this. You did not mean to have this law continue •guage he uses. He says : when the reason you gave for its adoption has ceased to exist. The meeting held in front of the Capitol was for the purpo:.e of Then let us be honest and repeal it. [Applause.] intimidating Congress. Mr. VOLSTEAD. I yield 10 minutes to the gentleman f.rom And he reflected upon the people who comprised that delega­ Illinois [Mr. YATES]. tion. He said they appeared to have been foreign born. Has Mr. YATES. Mr. Chairman and gentlemen of the committee, the time come when you are going to discriminate against a it is my purpose to give several reasons why I faver this legis­ man because his forebears were born an the other side of the lation, but there is one thing-which I wish to say first. I pur­ ocean? Are you going to pass one law for the native-born posely ref-rain from being led into joining issue on, in, or by a citizen and another for the naturalized citizen? In the early SUtTejoinder or a surrebuttal, or any other such thing as the pit­ stages of the Great War, in the district I rept•esent, in the great falls surrounding the word " concurrent." I {)nee got a hung jury city of Baltimore, the sons of the foreign-born citizens did in an important trial because I became involved, in the trial not wait for the draft. They enlisted at the outbreak of the of that will case, in a 40-day fight over the question whether a war. They went into the Nary, they went into the Army, wealthy old gentleman died of renal sclerosis or interstitial they went into the Marine Corps, and in many c.ases there were nephritis, and whether, theref<>re, he had lost his testimentary y{)ung boys under 18 who, for the purpose of supporting their capacity, which sounds like a disease. country when it needed support, made false statements as to Dooley was right when he said to the faithful Hinnissey out their ages to enable them to fight for the iiag of their fathers' on the Archie Road : and mothers' adopted country. [Applause.] Ixpert tistimony, Hinnissey, is all in Latin and not nnderstood by anny 'The CHAIRMAN. The time of the gentleman has expited. man at all, naytbur the judge no.r the · jury, naythur the lawyers nor the doctors; and so the jury considers three th.ings: Did Mr. Luetgert 1\lr. IGOE. I yield to the gentleman two minutes more. luke like a man that would kill his wll'er Second, did Mrs. Luetgert 1\fr. COADY. And yet, Mr. Chairman and gentlemen, we luke like a woman that ha.d ought to be killed? Third, is it about time 1ln.d a Member of this House reflecting upon people simply be­ for supper? Ca.use they were born in another country, good naturalized citi­ Seriously, my colleagues, the courts of this Jand, Federal and zens, because they came here to petition Congress. Ah, I said State, will give due force and effect, despite. all mere verbiage, ·the sons of those men went to the 'front and fought, and one of to the long-established canons of legal interp-retation and judi­ :the gentlemen who reflected upon these men, one of the Mem­ cial construction which have for a thousand years decreed that 'ber · of this House who re:fiected upon these citizens who came if the intention of the lawmaking power can be clearly ascer­ here exercising their lawful rights, whil-e the boys .of these tained, due effect shall be given to that intention. Let us not get foreign-born citizens were fighting :and dying in Fr.ance-tha.t lost in the fog. There is no fog in the mind of the American gentleman, a Member of this House, although within the draft people ['applause] and evet·y court in America knows this. age, and a strong and healthy man, was safely tucked .a way in The .contention so seriously put forth here that because the his office here in Washington. Constitution as amended by the eighteenth amendment give::; I listened to some of the gentlemen from Kansas tell about Congress and the several .States concurrent power to -enforce it, the wonders that prohibition has wrought there. I remember that because of this the amendment can be nullified by any a few years ago reading .about a banquet {)f the Kansas Soci­ State refraining from enforcement, this contention was abso­ ety in New York City, and it was addres ed by a then member lutely -confuted, concisely and consummately, by the distin­ of the United States Senate, not now .a member of that body. .guished gentleman frQm Virginia, Judge SAUNDERS, on this fioor Like nearly all Kansans when called upon to speak at affairs yesterday. of that kind, be chose as his topic prohibition, and told about To imagine that the amendment itself contemplates this nulli­ the wonders it had accomplished in his State-how the farm­ fication seems to me to simply ar.rive at that '"reductio ad ers had succeeded under it. But, Mr. Chairman and gentlemen, absurdum " abhorred eternally by all the law. every member of that Kansas Society had left the dry State o:t; Here are my reasons for favoring this bill : Kansas, had gone to the wet State of New York, and there First, because I know that Illinois does not want this debate achief'ed fame and fortune. [Applause.] to close without one Illinois voice raised in favor of this bill. We have abandoned legalized control of the manufacture and [.A.pplau e.] In other words, Dlinois does want to be heard by sale of intoxicating drinks, and as a result there is to-day, at least one voice in favor of the bill, inasmuch as the only 1and will continue to be, an increased consumption of liquors­ Illinois voice thus far heard has been against the bill, the 'or, .rather, of cheap and dangerous substitutes therefor. Right voice of a Chicago Congressman. Illinois has spoken. Illinois here in the city of Washington, as I pointed .out beto.re, there has made plain its choice. I know Illinois. I know it as well has been a shocking increase in the number of crimes com- as any man in the State. I know it well. I take no back talk mitted since the District went dry. · on that. And I do not admit that Chicago is wet in a fair This enforcement measure, which bears the name .of the gen­ fight. I know that only 150,000 men and women voted " anti­ tleman from Minnesota .and which-it is alleged and not de­ saloon" last April, while 406,000 voted against Chicago becom­ nied-was prepared by the counsel for the Anti-Saloon League, ing " antisaloon., territory ; but I also know that while 400,.000 is the most drastic and most revolutionary measure ever pre­ thus, in a way, \Oted wet, there was no fight, and I know that sented to this body, and it has been characterized as such by there were 825,000 registered voters-registered for that el~c­ some of the abl~st men here-men Wh{) believe in prohibition tion-and so that 425,000 either voted dry or did not vote at and ha'\"'e voted for it, but who are alarmed, and rightly so, all; and I know another thing, for I know that William Hale because it contains provisions .that will permit an invasion of Thompson was elected mayor of Chicago April 5, 1915, by the sacred rights of the individual in his home. 147,000 majority [applause], and I know that on October 10, It will greatly .augment the political power of the Federal 1915, he ordered all the 7,700 saloons of Chicago to be close(t .Government and will deal .a death blow to the rights of the on Sunday in order to comply. with the old State law of Illi­ States. · nois, something no other mayor ever l1ad the nerve to do ; and The attempted enforcement of this amendment by the Gen- · everybody 1.11ows he was reelected April 1, 1919, by a rousing eral Government will mear;t the employment of se>eral hun­ majority. · dred thousand men. I say attempted enforcement, because I William Hale Thompson's opponent, George Sweitzer., said believe you can not successfully enforce a law of this kind the next day in an interview in the Tribune, " The people in 2498 CONGRESSIONAL RECORD--HOUSE. JULY 12;

Chicago seem to have approved of the administration of Wil­ He is trying to inject the labor problem into this prohibition liam Hale Thompson." One of the first things this mayor did problem, where it does not belong. No dire calamity happened was to discover that no saloon had a right to open on Sundayt_ then. The eight-hour law did go through. The laboring men o:f and he enforced his order and was reelected mayor of t)le city America did not rebel or resort to revolution then, and they will of Chicago. [Applause.] not do it now. [Applause.] It is fair to argue that Mayor Th{)inpson's reelection was a Fourth, because I know the Illinois that bas gone dry in ratification of his Sunday-closing stand, f-ully as fair as it is nearly all its counties, nearly all its cities, and nearly all its to parade the wet vote of that same date-April1, 1919-when townships-the illinois which again and again returned to the the only question was whether saloon licenses should be issued legislature a dry majority, sending dry men back again and again, from April 1 to June 30, just three months. · . and sending to the general assembly convening last January Second, because I know, and know well, the kind of citizens­ a big majority to ratify the national prohibition amendment and aliens-that this law will have to deal with in Illinois, and I January 14, 1919--is still "dry." know, and know well, that the only way to make such peopl_~ obey Fifth, because we must show our teeth. Unless we use" force this law is to enforce it with a club-perform an operation with a without stint," this will be a " peace without \ ictory " ; it will, club-just as Uncle Sam had to operate with a club upon the after all the effort and struggle and prayers and tears of the skull of Prussia. In my earlier days I served six years as years, be a barren victory, be a result gratifying to nobody but a prosecuting attorney; four years as a judge; four years as the Kaiser and all others wishing the failure of the American a United States collector of internal revenue, with 100 men experiment in f.ree government. ·what an appalling humiliation under me-clerks, deputies, gaugers, and storekeepers-and and mortification to win the World War·and then lose, after all, later I held the pardoning power of a great State for four by destroying America's youth by a law with no teeth. There years as governor. I know the various kinds of men who vio­ must be no turning back by Congress now in deference to the late the law. When I was United States collector of internal alluring cry of "fairness." Fairness is unknown to the citi­ revenue, collecting $12,000,000 a year from distillers, brewers, zens and aliens who will be the violators of this law. There and wholesale and retail dealers-more than any district iu is not a fair bone in their bodies. They do not know what fair­ America except the Peoria district-I knew good men among ness means. They are strangers to fairness and leniency and the distillers and brewers·; I would trust some of them with my mercy. Each is a tyrant when on top and a whiner when the life, my fortune, and my sacred honor. I am not talking about under dog. There is not a true sportsman, a dead-game sport them. I am talking about the violator. He is the man this in all their number. law must reach-the man this bill must deal with-the mean, A noted writer once said: sneaky, lawless man, heeding no man's weakness and heeding A true sportsman is a man who can endure success without undue no woman•s· tears. Why should he heed his country's Consti­ elation and sustain defeat without complaint. tution or ·laws? He will not unless he has to. This law must What a spectacle is to-day disclosed in this connection to have teeth, and plenty· of them. You can not charm a hyena the eye of "gods and men"! Who is it that bas posed as the with kindness. good sport-the dead-game sport? Why, the man in the liquor Third, because I know the laboring man of Illinois. I enjoy tra.ffi.::!. Who allured the Am·erican boy by the slogan, "Don't go his confidence, and I know that I, yes I, represented him when I to the Sunday school; don't seek the Y. M. C. A. ; don't be urged and passed the Illinois convict-labor law and other laws. I a sissy; come to the thirst parlor; it is the rallying place of true represented him then and I do now. Samuel Gompers does sports-of dead-game sports!'? Why, the liquor dealer. And not. I know that I am representing him now as to prohibi­ .who is whining now and complaining and lobbying and flirting tion as I stand here in my place in this House, and that Samuel with organized labor and putting forth every pitiful plea? Gompers does not, inasmuch as he has in recent days repeat­ Why, the man with liquor to sell. One firm writes me that the edly and persistently given out the impression that the organized Government and be have been partners. That man may be an labor of America will seek, and does seek, either Bolshevism or honest man. But what a partnership has always been that be­ beer-a misrepresentation of organized labor. tween Uncle Sam and booze. Ye immortal gods, what a plea; I have not his exact words, but I will insert them in the what a partnership! Would you care to know what made RECORD. Springfield, Ill., go dry-remembering the partnership plea? Five Why, Samuel Gompers once ordered that Hon. LA WB.ENCE Y. years ago 29,000 Illinois troops arrived at Springfield and went SHERMAN be defeated, and L. Y. SHERMAN was elected and re­ into camp at the State fair grounds and Camp Lincoln on their elected and is United States Senator to-day. And Samuel Gom­ way to the Mexican border. That morning in every paper in pers once ordered that Bon. JosEPH G. GANNON, of Illinois, be Springfield there appeared numerous flaming advertisements defeated, n.nd when be got through beating "Uncle JoE "-well, something like this : "Uncle JoE" usually "romps home" with about 5,000 rna~ Brave sons o! Illinois, jority, but that time his majority was nearer 10,000. Noble defenders of the Union, Don't forget the Bismarck. This morning in the Congressional Library I took down what Remember the Annex, the Edelweiss. he said from the Chicago Tribune of November 5, 1886. That Budweiser on tap. paper on that date quoted Mr. Gompers as saying: Hundreds of glorious boys came to town to a hundred bar­ If these men are executed, it would simply give an impetus to the Tooms and got drunk and went to Texas well started on the so-ealled revolutionary movement- downward road to destruction by the demon rum, and not a few Those are very familiar words, are they not? They are very of them made rotten and diseased for life. Partners, indeed ! nearly the same words that he is quoted as using to-day. I re­ Partners of Uncle Sam, who poisoned his sons. Well, all I have peat what he says: got to say is when I find my partner has poisoned my son, I If these men n.re executed, it would simply give an impetus to the intend to kill my partner; he shall not poison my son and still so-called revolutionary movement, which no other thing on earth can do. These men would, apart from any consideration of mercy, of breathe the breath of life. I will kill him if I die in the at­ humanity, be looked upon as ma1·tyrs. tempt. 1\fr. Chairman, I represent 1,330,000 families in the State of And make no mistake. Uncle Sam is going to kill John Illinois, 1,330,000, but I do not go around bragging about it, and Barleycorn and bury him deep. · I do not pretend that I can control them all, but we have beard Mr. VOLSTEAD. Mr. Chairman, I yield to the gentleman this ~ame thing again and again, which I now quote further from Utah [Mr. WELLING]. from Mr. Gompers's words: Mr. WELLING. Mr. Chairman, I am not a lawyer. A large Thousands and hundreds of thousands of laboring men all over the part of the discussion of this b1U, as it relates to the constitu­ country would consider that those men had been executed because they tional power of the Congress to enact this legislation, makes were standing up !or free speech and free assemblage. We ask you, sir, me feel reconciled to my lack of legal knowledge. It has been to interpose your great power and prevent so dire a calamity. asserted many times during the debate that Congress has not :Mr. Chairman, of course no one accuses Mr. Gompers of favor­ the power to enact a prohibitory statute until the constitutional Ing dynamite. The Tribune says further : amendment providing for a dry Nation goes into effect next Mr. Gompers closed by saying the throwing of the bomb had destroyed January. the eight-hour movement. STATUS IN UTAlL That was a mistake. It did not destroy it. Of course, I do I recall that in my own State of Utah statutory prohibition not charge, and neither did the Tribune, that Mr. Gompers advo­ preceded the adoption of an amendment to the State constitu­ cated or favored the throwing of bombs. The point I make is tion, although such an amendment was adopted overwhelm­ that be, Mr. Gompers, when the red flag of anarchy was about ingly_ as soon as the people were allowed to vote upon the to be buried 6 feet below the soil of Illinois, tried to inject the matter. I think that has usually been the manner in which labor problem into a problem it did not belong to, and be made this question has developed · in other States also. Once the a mistake in so doing. ·He is making the same mistake nov;,. people have come to feel the benefits of this great moral move- 1 r1919. CONGRESSIONAL RECORD-HOUSE. 2499 ment of reform, they have proceeded to place the question-be- I can not agree to the theory that the wine and liquor indus­ ~ond the power of shifting and uncertain action by political. try of the country· has not been given proper and deliberate parties. But the guardians of the Constitution immediately cry notice that this legisUttion would be enacted. We placed them .out that the States, in this action, have only exercised their_· Ofunoti'ce when the constitutional amendment was submitted to proper police power, and claim that this proposed action by-the the ·states, and that notice was confirmed when the States­ Congress is an invasion of the police power of the State. their- States-included-adopted the amendment and made-it an In this connection it is interesting to note that no voice has ei!ective portion of: the Constitution of our country. It comes been raised here against the police power of the States being with poor grace ·to-day·for the wine growers of California or invaded by the National Government assuming jurisdiction over the wine. merchants of.Massachusetts to come here and ask for 'the sale of othar deadly drugs. There has been no protest- ·an. extension of time in which to pour this stream of poison against the National Government enforcing police regulations mto the C1l1Tents of our national life. regarding the quarantine and public-health laws of the Nation. ATTITUDE oF THE cHun.cH. II the victims of the curse of alcoholism and light wines and Gentlemen of the ·House, it is impossible for you to resist the beer could stand up· and be counted they would outnumber onward march of this reform. The infamy of the open saloon many times those who have benefited by .the enforcement of and the curse of the liquor traffic has been denounced by the t:be laws designed to control drugs and otherwise conserve the ·Christian churches of Amelica for 100 years. Their voice cry­ ·public health. iilg in the wilderness has called upon the Nation to drive out the I am not so much alarmed about the Constitution as I am demons of rum. about the souls of men. The Constitution was made for the A.'rriTUDI!l OB' BUSINESS. people; and when special interests come here and use it as a Prohibition is to-day a part of the indusb.·ial fabric of success­ cloak to defend the most infamous ~urse to humanity to-day it is time for men to as ert the right of the people of America to ful business in every line of iitdustry and trade. The railroads .make and enforce a· law designed to promote the welfare of have cast out the saloon. And I am glad to know that workmen this and all succeeding generations. as well as operators in that great industry have come to feel that suc-cess depends upon sobriety. The merchant and the A.Lll.lilADY Ui THE CONSTITUTION. banker practice prohibition in their business, and those who But, Mr. Chairman, this contention of the advecates o'f license eome to them laden with tlle fumes of liquor are totally dlscre

liquor·" to carry . out. the constitutional purpose, but I do not · be maintained- upon .near beer because it is not . agreeable to ·believe. we can. go. aiJy distance at all to defeat it. If we pro· the palates of enough people. A good cup of tea is a social · ,~ ided irl. 'the bill, tor· exaii::l.ple, that only beverages containing 10 drink, but I defy anybody to cheer up on a glass of near beer, 1 per· cent or 'min:e· of alcohol :were intoxicating, I am sure the a glass of grape juice, or a glass of denatured wine. Most courts would· set it aside as a barefaced attempt to defeat the people do not like it. If you have got to depend upon that ·constitutional purpdse, but I think we can go as tar as we please demand, the wine business will go out of existence. The the t>ther way. ·we could provide for one-half of 1 per cent, one­ breweries will go out of existence. My second reason is for :tenth of 1 per cent, or· we could eliininate all alcohol 1f we the purposes of taxation and revenue. If you allow absolutely deemed it necesssary to effectuate the constitutional purpose, nonintoncating wines and beer to be sold which can not and I am satisfied the courts would not inquire into that pl'odnce the alcohol habit in a.nybody, you can dispose of the 'necessity. · . prodnet and you can gain a lot of revenue tor the Treasury, The question of concurrent power raises a more difficult ques­ wmch is not to be despised under present conditionB. The tion. I thinlr the word " concurrent" was very poorly chosen, third reason is to satisfy the demands of a large, perfectly ·but I am satisfied that the courts would hold that the word sober, and respectable element Of the community who want . " concurrent " as used in the text of the cOnstitutional amend­ light wine or beer with a small alcohol content. This demand tment means that the Federal Government and each State has should not be disregarded if it can be safely met. The fourtb complete and separate power to enforce this provision. reason is in the interest of true temperance itself. Absolute I desire to discuss this question_from a practical standpoint. bone-dry prohibition has ne-ver been secured anywhere in the . The bill comes before us under three titles. The first is a code world, and in my opinion it never can be. Alcohol is one of the to enforce the war-prohibition act. As long as that war-prohi· commonest products of nature, and it is too ea.sl.ly separated. bition act remains on the statute books unrepealed I am in You can pass all the acts you want, but you will never stop a ;favor of enforcing it, and I am very sorry that we have gone 15 man from squeezing apples if he wants to, and you will never ·days without any enforcement legislation. I was one of the stop nature from working the process o1: :fermentation in the ,members ot the committee who voted to separate this bill, and barrel. The average American citizen wants to obey the law, to bring in a war-prohibition enforcement measure, so that the and be will obey the law i:t you do not make it too oppressive, condition o! chaos might not exist which does now exist in the 1t you do not 1nvade what he considers his natural rights. He country. I am also of the opinion that the war-prohibition act does consider it an invasion o:t his natural rights to prohibit should be repealed. I !eel that we have no right to project into him from drinking any kind of nonintoxlcating bevera«e that times o! peace the operation of. a measure which was brought is incapable of producing the liquor habit. We do not want to into existence solely. through tbe exercise of the war power and eneourage, it we can help it, the practice of law evasion which for war· purposes only. I feel it can be justified only upon tbe notoriously exists in the st>-al.lled dry States. theory that the end justifies the means, and that is pretty Now, on the other hand, let us assume that 21 per cent beer is shaky ground to stnnd on, even when dealing with the great intoxicating. It it~ certa1nl;r only mildly intoxicating. You have question ot temperance. I think it should be repealed also tor gotten rid of the brandy., you have gotten rid of the whisky, you this reason : It 1.s unjust to the men in the liquor business. have gotten rid CJ!. the rum and the gin, the strong wines and This House wrote into the constitutional amendment the one­ strong beers, and you have nothing left but a very mild wine or year limitation for the purpose o! affording to the men in the · beer. Now, Congress l8 going to remain in existence, and we can liquor business a period for adjrurtment and settlement of their legislate on this Stlhject at any time. We can observe the result affairs. That limitation was in there when the joint resolution of permittlns the sale of th~ light wines and beers. If it does passed Con~$. It was in there when it was rati.fi.ed by the any hann, 11 any bad results whatever should :dow trom Its use, States, and it is just as much a part of the constitutional we could reduee the alcoholle content or we could absolutely amendment as any other part. It should be enforced just as elim4late it it nereesary to carry ont the provisioll3 ·ot the honestly a.s any other part ot the constitutional amendment, eighteenth amendment. And there is another reason why w-e when it is sate to enforce it, and the President of the United should go slowly. This 1s a general bill. It applies to all the States has said that it te safe to enforce it now. States throughout the Union; to many States that have never With respect to the second title, which is a code to enforce the had prQbibltl.oo. We !Should pass a bill which is generally satis­ constitutional provision, I want to say that I was absent in factory to the people ot all the States. I think 1t is a good deal France when the joint resolution was adopted in this House. . better to be a little liberal at the start, and then tighten up as Doring my absence I was paired as being in favor of it with­ ciretlllLBta.nees require than it is to start in and cut everything out instruction from me. however, or knowledge of my attitude. off right bebind the ears. Such a eourse is bound to produce a If I had been here I would probably have voted to submit the reaction that will make this whole liquor question an issue 1u question to the people., although I have very strong convlctions every congressional campaign until a reasonable settlement is that it is a question which should be lett to the individual e:tfec:ted. The llqnor question can be settled now under the State~ under our theory of government. But the constitutional provislons ot the eighteenth amendment, but lt will uever be amendment is a part of the Constitution of the United States, settled under the terms of this legislation. The bill is not and, as I said before, it should be honestly and conscientiously practical, enforceable. or satisfactory to the people of the coun­ carried out. I do not :tee]. howeTer, that we are duty bound try and would create a condition of law evasion and violation to go beyond- the constitutional amendment, and I think this which is hig:p.ly undesirable and wholly unnecessary. I desire bill does go way beyond it. The b111 provides that bevera~ now to call your attention to some ot the radical provisions of containing one-halt of 1 per cent are intoxicating liquors. Now, this bill, which, in my opinion, would not be necesMry ·if you everybody knows that they are not intoxicating liquors, and do not attempt to get absolutely bone-dry prohibition. It would _that liquors containing a considerably greater percentage of not be necessary if yon permit the sale of a nonintoxicating wine alcohol would not be intoxicating liquors. I do not know where or beer which could not create the alcohol habit in anybody. I the truth lles. It perhaps lies somewhere between 1~ and St call your attention to section 4, page 10, o::t the blll. The per cent. In the N.ew York case, in which Senator Elihu Root astonJBhlng limitations ot that section are not as bad ns they and William D. Guthrie were counsel, contention was made that were when the bill first came before the committee. It then 2.7!5 per cent beer by weight was not an intoxicating liquor, provided that every one o:t these exempted articles could not be and was absolutely incapable of producing the alcoholic habit used UDless it was nonpotable and incapable of being used for in anybody. beverage purposes. After they talked the matter over with the The contention in that case was strongly supported by the repreSentatives of the var.IDus interests affected, and after they testimony of eminent scientific eiperts, and also by the testi­ talked it over with the representatives of the departments of mony o:f practical men who had wide experience in dealing this Government, the committee made up their mind that it that ·with alcoholic patie~ts. I will not say tha.t that contention is language was retained none of thcn!!e products could be used, and ·correct. I will not claim that 2f per cent beer is not intoxicat­ ao they amended 1t by providing in some cases that they could ing, but for the pur-Poses ot my argument I am going to be used unless they were " unfit " for use as a beverage, and assume that it is not 1ntoxicatin~. and that it is incapable of they cut out the llm1tations about vinegar, although one mem­ causing tlie alcohol habit in anybody. If th1s assumption is ber of the committee suggested that a very insidious drink had correct, ·then ·there are numerous and substantial reasons why been made out of vinegar called, I believe, vinegar shrub. its manufacture and sale should be permitted. First; for the Now, I want to call your attention to the fact that these limi­ preservation ot property interests. You can not maintain the tations are in here solely for the purpose of preventing people wine business of California and New York on grape juice from getting intoxicated on denatured rum, on medical prepara­ and denatured wine. To the average palate they are not tions, unpatented and patented, and proprietary medicines, on agreeable: The iun{)u.rt cqnsumed is not sufficient. The same toilet arUcles and antiseptic preparations, on flavoring extracts ls true of the great brewery properties in which an invest­ .an<} on vinegar. I want to assure you in the so-called wet States. ment of millions of dollars has been made. They .could not these beverages have never become popular. Bay rum and 1919. ·CONGRESSIONAL RECORD-HOUSE. '2501

vinegar and lemon extract have never become popllla.r drinks the proposed law is unconstitutional; Congress does_not _have the ·in the State of New York, but I understand they are popular power to provide the means for the enforcement under the war­ drinks in all the so-called bone-dry States. And this legislation time prohibition act and under ihe eighteenth' amendment to the would not be necessary and the people would not resort to these Constitution; (4) light wines a,nd beer are harmless; (5) it is injurious substitutes if you permitted the sale of a mild beer urged by some Democrats that President Wilson will veto this ' or a mild 'vine that is nonintoxicating and incapable of produc­ bill if it is passed by Congress; (6) proliibltio~ _ incf"eases ~rime. ing the alcoholic habit in anybody. The fact that you go t() · I desire to take up these propositions in ~he order .in which such extremes is clear proof that there is something radically they are stated and discuss them briefty. _ wrong with the law. The " wets" are making their last · stand in the great fight Mr. VOLSTEAD. Will the gentleman yield? against prohibition. The purpose of this bill is to mak~ America Mr. HUSTED. Certainly. dry in fact as well as in name, so_far as _the m~nufa~ture and Mr. VOLSTEAD. Do you mean to say that 1n your State, for sale of intoxicating liquors are concerned _as a_l;>e:verage, and to instance, they can make those things without any regulation furnish effective means for carrying _out the. war-time :prohibi­ at all? tion acts and the action o! the States in _ratifying and approvil1t; Mr. HUSTED. I do not say they would make them without the eighteenth amendment to the Federal Col).stitution. any regulation. But I say this, that no regulation to prevent Soon after Congress had passed the war-tii;D.e prphibition act their use as intoxicating beverages would be necessary in the the German brewers of the country began to organize for their State of New York. final fight. They knew the great infiuence.and. power_of organ­ Mr. VOLSTEAD. But you have the regulation, just the same. ized labOr and the National Army in the World War, and it is not Mr. HUSTED. No regulations in that regard. strange that the German brewe:rs made a de:sperate effort to Mr. VOLSTEAD. You have regulations in reference to it. hook their beer wagon to the laboring man and soldiers of the Mr. HUSTED. No regulations to :prevent their use as in­ country. If they ~ould secure the backing of these two mighty toxicating liquors. forces, it w_ould mean much to the success of their cause, and Mr. VOLSTEAD. Oh, yes; you have. acting und~ this _plan it was the German br_ewers -who invented Mr. HUSTED. Well, I am not aware of them it there are any the slogan "No beer, no work n for the _laboring men of the · such regulations. I would be glad to have them called to my country. They got the laboring men in a cerj;ain toyvn in New attention. Jersey, largely made up of forei~ers, to_in a way adopt this I want to direct your attention now to sections 6 and 7, pages slogan and the brewers filled the newspapers of the country with 12 and 13. These sections provide that no man can get a the threat that unless the laboring men got their beer that there drink of whisky for medical purposes unless it is :prescribed by would ben Nation-wide 'strike and every form of business would a physician in active practice, and he can not get it then be paralyzed. As we all know; .the 14~ of_June of each year except from a pharmacist who has been duly licensed and on is Flag Day throughout the Nation. The Hun brewers began to_ blanks which have been furnished by the Commissioner of organize that part of union la~r that is_l~gely engaged in the Internal Revenue. Now, I have no objedion to that, so far as liqoor business to meet in Washington _on Flag Day to make the it goes, but I want to :point out this fact to you, that in a min­ so-cilled protest to Congress against prohibition. It was stated ing camp or in a lumber camp or in an exploration expedition far arid wide in tbe "wet" paiJers that there would be about · or in the case of a party camping in the wilderness if an epi­ 250,000 laboriDg men march to the city of Washingt9n and join demic o! :pneumonia or of inftuenza broke out they could not in this protest. So~ in accordance with the plan of the German get a drink of whisky as medicine unless they had with them brew-ers, on the 14th o! Jime, or Flag Day, a number of laboring a physician in active practice and unless they also had with men met on the Capitol stePB here to protest, as they claim, · them a duly licensed pharmacist. against the passage at this bill. It .was claimed in tp.e ." wet " Mr. SUMMERS of Washington. Will the gentleman yield? papers that there were 50,000 men 1n the line of march and in Mr. HUSTED. Yes. this protest meeting. This ls not true. I sa.w the persons in the Mr. SUMMERS of Washington. Does not the gentleman march, and I <1-o n~t believe that there were more than _5,000, if know that the National Pharmacopreia, which is the official list there were that many. These came principally from the near-by of recognized drugs and medicines of value in the treatment of notorioWJly "w-et" city ot. Baltimore, !rom New York, and other disease, does not include brandy, whisky, wine, or beer? " wet " cities. Mr. HUSTED. Well, I was not aware of it. Mr. E. W. Oyster, one of the leadin·g labor men of Wasp.ington, Mr. SUMMERS of Washington. It is a fact. stated before the JudlciAry Committee of the ~enate that. there Mr. HUSTED. But I do know this, that one of the most were only abwt 4,800 persons f.Il the parade, and that the union­ distinguished physicians died three days ago in the city of New labor men of the District of Columbia did not participate. Mr. York, Dr. Abraham Jacobi, and I know he said that he would Oyster also stated that those who have· a~opted the slogan, not assume the responsibility o! treating a pneumonia case "No beer, no work," are. working in the 1nterest_o! the German unless he had good old whisky at his disposal. brewers; tha~ the so-called protest is all a :part of the Hun Mr. KAHN. Mr. Chairman, will the gentleman yield? propaganda. He also states that it is a gross ID;ista¥e .t

munity. It woUld matter little with his neighbors what he If.anything, they have come back to us.stronger, cleaner, better, thought or what his -opinion might be on any question. It is ·1:\nd more thoughtfuL Tliey will.continue to lead in all that is true that we have men in my district who like to take· a-: glass best in American business and in American political and social of beer or a drink of whisky, but I thank God that no iaboting life. If war has ~de drunkards out of our soldier boys, as some . man in my district places his beer above and beyond his wife, of the opponents to this bill would indicate, we have paid dearly, ! his children, ·his home, his church, and -country. I doubt if indeed, for our part in the world struggle. The American sol­ ; there is one man out of ten of the laboring men of my district iller gave too much for his country to now join hands with the that would vote wet if .he had an opportunity. It is the laboring German brewers to help keep alive a business to· destroy their ·men ·of my digtrfct that helped to vote liquor ()Ut years ago. They . own children, to help pull down the churches and schools of our are just ·as clean, pure in their li-ves, and as devoted to their country. The soldier will' never do it, and I desire to emphasize children, their Wives, their homes, and just as loyal to their my resentment of the slander of the American soldier by the country, and as much opposed to anything that breeds crime brewing interests in claiming that the American soldier is op­ or endangers the home, the church, or the Nation, as are the farm- posed to prohibition and wants.liquor. [Applause.] It is claimed ~rs, the business or professional men of my -distri.ct, -and I Tesent . by the opponents of this bill that the courts will declal·e it to be most vigorously the insinuation or-the charge 'that the laboring liDconstitutional; that Congress has not the power to define what , men must have. their liquor or that -they will refuse to work or · are intoxicating liquors. In the uniform enforcement of this ! will become Bolsheviki -and overturn this Government. The -proposed law, it is very essential for COll.o"Tess to define what ;trouble-is that these.fellows Wh<:rare crying" No beer, no work," are intoxicating beverages. Some contend that alcoholic liquors in the main are ·foreigners .and are not in sympatny with this are those liquors that contain a sufficient q:uantity of alcohol to .country or its ideals, and we c~n not legislate to satisfy them into.xicate a person if he drinks a reasonable amount of it. , and thereby ignore the :wishes ·:of the great oody of Americans. Others claim that ai::ty beverage js an alcoholic liquor that con- [Applause.] tains alcohol. The latter definition is the better. Some cl.a.im At this same so-called _protest meeting on the Capitol. steps that it requires 4 per cent alcohol to make an alcoholic beverage, ·Mrs. 'E. 'Dooney, -of Baltimore, led -a bunch o:f :feminine wets. while others claim .3 per cent, and so on down. As to the effect it ; She jumped on the. speaker's tab1.e 11.nd shouted, "'I have orgUn- has on certain individuals, that is not a safe guide or .compre­ ized the ladies a-uXiliary Q>f the Personal Liberty League, and hensive definition. Some men can drink a quart of whisky and we :rre going to get liberty or going to hell," IDeaning, of ·course, still keep on their feet and show very little sign of intoxication, _that she and her 'associates were willing to go to hell to get while some others would be thrown on their heads if they took a _their liquor. No one who· heard 'that statement but felt with a -fourth of a gill of whisky. Some men can .fill themselves up with great sense of sba:me that any part 'Of the womanhood of this beer and show no signs of ·intoxication, while a single glass .country should be prostituted to such an unholy cause and would will intoxicate others. make such an outrageous declaration. 'The conduct '<>f this A beverage containing 4 per cent alcohol or 2.75 per cent alco­ woman is euough to -cause ·every true mother -and sister ·of our 'hol would not intoxicate some men, yet others may become great counb.·y to h&ng their heads in shame. It is needless to · beastly drunk on such a beverage. In the trial for the viola­ ·- say that 'Mrs. Rooney'~s l:'emru:ks stiffened tli·e baeh"bone 'Of every tion of this proposed law some courts would take one view, !.Member of•Congress who ls -e_pposed to-the liquor traffic in this another court would take.another view, as they have in the past. counb.·y. NB one could ..have made me believe that there could 'be ·some witnesses ·would testify that a certain beverage w·ould in­ found in ·our country a woman ·who wquld make a public tox:icate., and many others would testify that it would not in­ declaration like' this. . -toxicate., as we have seen it done in many cases in' our practice I can truthfully :say that we 'have no woman ·in tne eleventh as lawyers. This has brought about endless eollfusion, ann congressional distti"Ct of Kentueky who would publicly or pri- under national prohibition this confusion would be greatly in­ vately make the ·statement that she would. have her liquor if creased. We can therefore see the· very great wisdom in Con­ she had to go to hell to get it. Indeed, no such woman could g:Pess defining what is an alcoholic beverage. · Those who· are in be found in the great Commonwealth of Kentucky. The Ger- ·favor of prohibition and have brought out this bill favor a -one­ man brewers, wno were much 'in evidence in this meeting when half of 1 per cent, while the wets want us to declare that no Mrs. 'Roo-ney made her st-atem~nt, and when other sveakers beverage or liquor that contains not more than 2i per cent alco- declared ."No beer, no work," cheered loudly and lustily. hoi iS not an Intoxicating beverage or liquor. AU of us who 1ove the ·children of America, who believe in I strongly favor the terms of this bill, which defines · an in- the sancity of our 'homeS, who 'believe in the great mission of tox:icating beverage or liquor as any beverage or liquor that the school and chm'cll. and the destiny ·of this Republic, ·re- cont:lins more than one-half of 1 per cent. It is the riniversal joice that these ·are not the sentiments of the vast majority opinion that one-l:talf of 1 per cent will not intoxicate, while the ;of the 1aboring men and the 'W()manhood of America. [Ap- general consensus of opinion is that 2£ per cent will intoxicate 'Plause.] . practically every person who is not .accustomed to dtinking and It is believed by most of us .that many _people go to hell by many pet"sons who are accustomed to drinking intoxicating getting too much liquor, :but this is the first time that any pub- liquors.: 1 lie speaker has oecl.ared that he would go to hell to get liquor. Ms.ny of the States that ~ haye heretofore adopted prohibition ' 1 have had hundreds of Tequests from my district to support have by the acts of their H~gislature declared that· any beverage this bill, but no man, woman, _child, society., association, 'busi- containing more than one-half. of 1 -per cent is an intoxicating' - ness, social or ·political, has asked me to vote .against this bUL liquor. These laws-have been upheld by the highest courts in 'This makes me feel very·proud -of my district. said States. If the States' have the power and right to define The claim that the American soldier is opposed to prohibi- what is an intoxicating beverage or liquor Congress undoubt­ tion and is lined up with ·the·- German brewers in this fight is edly has this right. The Federal courts have· upheld the action· unfounded, and is nn insult to the boys who won the world of these States and many of the Federal courts have already up-· war. It is admitted ·by the world that we sent to the camps held the wa.r-timQ·prohibition act of Congress. There can be no ·and to the battle fields in Europe the cleanest and finest army doubt but that Coiigress bas the power to define what is an in­ that marched und.er an~ :flag. We took them from the farm, toxica.ting beverage or liquor. With this provision in the law _ the railroad, i:he shop, ·the mine, the store, the bank, the national prohibition will become. a reality. Without· this provi~ school, and the clrnrch. During the short recess of Congress sion it would be.more or less a~far.ce. Congress has heretofore I bad an opportunity to visit a number of the counties of my voted in tavor of,prohibition ;·45 ot the -48 States have already ,district,. and I talked to hundreds -of laboring ·men and soldiers. ratified the·eighteenth amend.Ip_entto·the Federal Constitution-. These same laboring men and soldiers helped to . vote liquor ' the prohibition amendment. We should adopt the~ provisions of1 out of every county, town, -and village in the eleventh con- this bill in defining into.xica1::4lg beverages and liquors and ·gressional district of KentuCky. In some counties and towns thereby make the action heretofore taken by Congress and the' 'they voted liquor out 40 years ago. 'The only change that I -approval·by the·States .effective. ,found in their ·views was that-they -are now more unanimously Some of the· wets have stated. on. . the :floor .of the House that _opposed to the liquor traffic than at the time ' they voted it th.is projlosed law would -prevent farmers and--housewives from out, and are more determi]J..ed to make our country dry, -and ·making ciders. and· .grape juice. I do not take this view of .to 'IDake effective the ·act of Congress and the 'States in the ·u. This would be trneif·they should make alcoholic liquors. passage and ratification o! the eigllteenth .amendment. The If cider and ·grape jUice are fermented, they -will, of course, soldier boys have come back, and have taken their places -on .make-alcoholic liquors. This law wm prevent that. A great the farm, on the railroad, in the -shops, the 11tore, the 'bank, ·ileal of alcoholic liquor ·comes .from the fermentation process of the school, the mines, and ·th~ -churches_ The-y were. the leaders grapes, :apples, and other fruits. If we should fail to provide in the best thought and :fhe highest idea).s 'Before :they -ente!'ed- ~ainst the making of alcoholic liquors with these fruits, 1~ the Army. prohibitum law would be a farce. 1919. CONGRESSIONAL RECORD--HOUSE. 2503

The_opponents of this measure have made a strong appeal to front-line trenches upholding the flag of our country than that save beer and wine. They say that they are opposed to the one of them should fall in the front-line trenches of booze. manufacture of distilled liquors, such as whisky, rum, and so If those who favor wets could show me where liquor ever forth. I imagine that most of thel.I\ are recent converts. 1\iany built a real home, a school, a church, a man, or woman, I might of them, a few years ago, were arguing for all kinds of alcoholic be inclined to give it more consideration. We can point to mil­ liquors. lions of men and women, thouim.nds of homes, churches, and We read from Holy Writ that it was wine that made the schools that it has pulled down and destroyed. There is noth­ Jewish nation, for a time at least, a nation of drunkards, ing constructive about the saloon or liquor. One word defines and was one of the great factors in the downfall of that nation. it all--destruction. · It was beer and wine, we are told in history, that were more It has been intimated by some of the wet Democrats that responsible than any other cause for the fall of the mighty President Wilson would veto this bill. I think it would be un­ Roman Empire. And it was wine that had more to do than forttmate for the country if he should take this action; and, if any other one thing with the overthrow of the powerful Gre­ he does take such, action, I feel confident that Congress will cian nation. It was fermented liquors, such as wine and beer, pass the bill over his veto. There has been no measure before that filled the early nations with drunkards and destroyed the Congress that I can support with more earnestness than this, moral fiber of said nations and brought about their downfall._ and I desire to congratuiate Mr. VoLSTEAD and his committee Distilled liquors, such as whisky, rum, and so forth, were un­ for having laid before Congress this splendid measure. [Ap­ known. Now the wets undertake to tell us that wine and beer plause.] are harmless and want us to adopt as a national beverage tliat The CHAIRMAN (Mr. HADLEY). The time of the gentleman which destroyed the early nations. We do not have to depend, from Kentucky has expired. however, upon the Jewish, Grecian, or Roman nations for testi­ Mr. ROBSION of Kentucky. Mr. Chairman, I ask unanimous mony as to the evil effects of beer and wine. Germany has been consent to revise my r-emarks. a beer-soaked country for more than 50 years. Many careful The CHAIRMAN~ Is there objection to the gentleman's re­ writers have pointed out that the brutality of German soldiers quest? was largely due to this condition, and that Germany lost her There was no objection. soul in her beer vats and mugs. When we talk with our soldier Mr. VOLSTEAD. Mr. Chairman, I yi-eld five minutes to the boys, we learn much as to the evil effects of wine drinking on gentleman from Maine [Mr. WHITE]. the French Nation. We have seen the evil effects of beer and The CHAIRMAN. The gentleman !rom Maine is recognized wine drinking in our own country. The greatest doctors and for five minutes. scientists of this country tell us that beer is more harmful to Mr. WIDTE of Maine. Mr. Chairman, I asked time in order the health than whisky. A constant beer drinker can not resist to discuss generally the provisions of this bill, and in particular disease. to reply to the references made yesterday afternoon by the Again, 1f we should keep beer and wine, we must keep the gentleman from Massachusetts [Mr. FITZGERALD] to the State of saloon. The 2i per cent beverages would keep alive the saloons Maine. But because of the limitation of time and because of and groggeries ot the country. The American people are deter­ his absence from the Chamber I have no desire to proceed now, mined to get rid of the saloon. If we keep beer and wine, or 2! and I therefore ask leave to revise and extend my remarks. per cent alcoholic beverages, we continue to cultivate the appe­ Th~ CHAIRMAN. The gentleman from Maine asks unani­ tite· for intoxicating liquors. It is not my purpose so much to mous consent to revise and extend his remarks. Is there objec­ correct the habits of men advanced 1n years. Perhaps this can tion? not be done. But I want to protect the new crop of Americans There was no objection. that are coming on. · We want to save the future generations Mr. WHITE of Maine. :J:\.fr. Chairman, until to-day it had not from the curse of drunkenness and a drunkard's bell. been my purpose to say anything upon this measure. With its If we keep beer and wine, or a 2i per cent alcoholic beverage, purpose I am in hearty accord, but there are provisions in it which we shall continue to have drunkenness in America.- America I find it d.ifficult to approve and the modification or elimination wants to do away with drunkenness.. The States have said by of which will make support of the blil much easier for me, but their ratification of the prohibition amendment that they want I expect to vote for it whether my views are fully met or not. Congress to go ahead and give us a dry Nation. Let us not disap­ The constitutional amendment gives to the Congress and the point the hopes of the people of the 45 great States. Of course several States concurrent power to enforce its intent. If there there are people in the country that are opposed to prohibition. is a technical difference between jurisdiction and power, as has There never was any important question before the America1;1 been suggested in this debate, I believe the fair intendment of people in which they were all of one mind. Many people op­ the Constitution is that the States and the Federal Go\ernment posed our separation from England ; many opposed the emanci­ ·shall have concurrent jurisdiction and power. By om· action pation of the colored man; and many opposed the war with Ger· we do not preclude any State from dealing with this- subject. many. We do know that a substantial majority of the Ameri­ A State by legislation may not null.ify any of the terms of this can people want prohibition, and it is up to us to make effective Federal statute, but it may suppl-ement what we do here by the the wish and will of this substantial majority. act of its legislature.. Believing this, I should be content with The charge has been made on the floor of this House, to my less drastic legislation by Congress, for I should hope and expect very great surprise, that prohibition fosters crime. I have each State to embody in its law such additional regulations and before me the signed statements of the governors of every State control, not inconsistent with congressional action, as its judg- that has adopted prohibition, the mayors of. every· city that is ment and its public sentiment dictated. · under prohibition, and the leading men of these prohibition But I have taken this opportunity to express my views on States and cities, and they with one accord declare that there this subject primarily because I can not permit to pass un­ has been a tremendous decrease in crime since :vrohibition noticed some of the references to my State made yesterday by became effective in their respective States, cities, and so forth. the gentleman from Massachusetts [Mr. FITZGERALD] and The chief of detectives of the great city of Chicago says that which were this morning called to my attention. Among other crime has been decreased there by half. To the same effect is things, be said of Maine that there " drunkenness ran riot," the statement of the officials of the city of Milwaukee. We who and again " that prohibition in Maine· has been a standing live in prohibition sections know that prohibition does not in­ joke for years, and as a consequence the growth of Maine has crease crime, but, on the contrary, it practically eliminates been less than almost any section of the country." These crime. As a lawyer, I have been on one side or the other in statements and all the inferences to be drawn therefrom I more than threescore homicide trials in my State; and all of emphatically deny. these killings, except about two, were traceable to intoxicating In a few of our cities at certain times conditions have liquor. And when we have a dry Nation homicide will be existed for which I shall offer neither excuse nor justification. practically unknown. None can be given. But these lapses in enforcement of the Prohibition will not hurt business. It takes about $10,000 law have been only at intervals and the cities mentioned do invested in the liquor business to furnish one man employment. not constitute the State of Maine, nor have conditions in them This sum invested in other industries furnishes six men em­ fairly reflected general conditions and public sentiment through­ ployment. With liquor out of the way, we will have better out our State. The citizenship of Maine stands to-day for schools, better churche::r-better clothed, better housed, and better prohibition and the enforcement of law. Our first law on this fed wives and children-for hundreds of thousands of women subject was enacted in 1846, and was reenacted in modified and children in this country. form in 1851. In 1884 the prohibitory amendment, so called, Intoxicating liquors have every year been destroying more was added to our State constitution, and all through lhe years men than we lost altogether in the great World War. If I had since, despite honest doubts on the part of some of our peoplQ 24 sons, I would much rather that 23 of them should fall in the as to the wisdom of constitutional prohibition, notwithstanding 2504 CONGRESSIONAL RECORD-HOUSE. JULY 12,

temporary periods of laxity in enforcement of our lftws en­ count myself disloyal to my State and my people if I did not couraged and in large degree _brought about by corroding and record my indignant prote.st whenever untruthful and unjust '· corrupting influences from . without our bord(lrS, a majority of assaults are made upon them. our people have been steadfast in their faith, _determined in 1\ir. VOLSTEAD. Mr. Chairman, I yield 20 minutes to the 'their opposition to the liquor traffic and all that 'follows in its gentleman from Missouri [Mr. IaoE]. train. The CHAIRMAN. The gentleman from Minnesota yields 20 The gentleman· from Massachusetts alleges that he bases his minutes to the gentleman from 1\fissomi. •Statements upon observations extending over a period of 25 Mr. IGOE. I yield 12 minutes to the gentleman from Penn· years. It is true that he has been much in the State and it is. sylvania [Mr. BURKE]. equally true and regrettab~e that, although in this length of The CHA.IRMA.N. The gentleman from Pennsylvania is 1 years he has often spoken therein, his voice has never been recognized for 12 minutes. iheard in behalf of sobri~ty, of observance of the Sabbath, in Mr. BURKE. Mr. Chairman, I am opposed to this bill because ;behalf of law and constituted authority, but everywhere and. it goes to e~mes and it is too drastic in effect. Drastic laws :always he has complained against and slandered the State and enacted against the wishes of the peop1e create the spirit of in­ 'its people, find has preached the doctrine of nullification, and tolerance, and intolerence breathes discontent and resentment. ;u has been in those periods when men holding his views were The American working people have made a request upon this :in temporary authority within limited areas that we have seen congressional body that light beers and wines be exempt from nullification of law rear its ugly head, the standards of public prohibition. They have spoken _through the representatives of 'service, and the tone of public and private morals lowered. And labor, and their request should be adhered to. The A.merica.n every utterance of the gentleman from Massachusetts within Federation of Labor and other labor organizations in convention the State has tended directly to ·these ends. have gone on record against absolute prohibition. And the dele­ Let the figures which I now, give and in the accuracy of gates to these conventions speak for the members they represent, ,which, I believe, answer th,e gentleman's charges and' prove· the comprising almost every craft of labor. inaccuracy of his· observations: You can not Eilently ignore the wishes or demands of the great Illiterates 10 years of. age and oyer: Maine, 4.1 per cent; army of working people of our country. They do not wish the Massachusetts, 5.2 per cent. liberty of using light beers and wines to be taken from them. It Illiterate males of voting age: Maine, 5.5 per cent; Mass11- has been customary for the workingman, after his day's toil, to chusetts, 6.1 per cent. take a glass of beer in his own home. He has always had this Families owning homes: Maine, 61.4 per cent; Massachu­ privileg~, and has considered it his personal right to eat and setts, 32.7 per cent. drink as he pleased. A glass of light b~r to the men in the Number paupers in almshouses per 100,000: .l\Ia.ine, 127.3; mines, the mills, n.nd the shops is a godsend:. It is refreshing Massachusetts, 19~7. and stimulating after a hard day's work at the furnace or the Number insane in hospitals per 100,000: Maine, 169.5; Massa- machine. And these men, through organized labor, ask you to chusetts, 34.4.6. let them enjoy this privilege and have their refreshing beverage. Number State prisoners per 100,000: Maine, 50.4; Massachu­ It is well to bear in mind tllis -fact, that the workingmen and setts, 199.2. the sons of working:;:nen gallantly responded to their country's Maine in 1915 ranked thirty-fourth in population among the call in her hour of need, and they fought on foreign soil so that States of the Union, but only 11 States exceeded our saving liberty might live. They labored with heart and hand, with banks deposits and only 10 the number of our depositors. brain and muscle, in the allied cause, and many of them made the Maine makes no apologies for her record in these regards. It supreme sacrifice with their lives. They kept the torch of does not become a resident of Massachusetts to reflect. UJ)On her. liberty burning brightly, but now they see the attempt made to These .are material considerations. But above all other issues snatch from them u personal liberty they ask for and which they raised by this and other ·bills of like import is one of principles, believe and know they are entitled to. <>f morals. Men must align themselves with interests and a I am not a drinking man myself and do not advocate drink­ traffic which degrades, debauch~. and demoralizes the indi­ ing, but because this is my way and my inclination I see no good vidual and in the same manner a1Iects the political unit, ground to force on others against their wishes and against their whether city, county, or State, or they must be affirmatively will my mode of living in the matter of eating and drinking. and positively against them. The gentleman from Mass-achu­ I was very much amused the other day, however,· when a setts has made his choice, and. the peQple of Maine have made . Member of Congress arose to speak on this question. He was their election. Maine came into the Union as the result of a not for prohibition, and his opening remarks showed it. Two compromise between right and wrong, but she stood then. with gentlemen were sitting in back of me, and as my colleague right and with humanity, she has always so stood, and she is started speaking one said to the other, "He is a booze hoister l" so allied to-day, with no thought of compromise in heart and However, the Member in talking further made the statement mind. that he was not for · prohibition, but he submitted to the ma­ ~~nd what contributions she has made to the thought and jority, and the same voice said, "He is a broad-minded m.an! • progress of her country! To literature she and her institutions The congressional Member would have been branded as a booze haYe given a Longfellow, -a Hawthorne, a Kellogg, an Abbott, hoister because he differed in opinion on this subject "\-\ith the and an Artemus Ward; to the law the passionate eloquence of a two men sitting in the rear of me. But as soon as he gave in to Prentiss, the logic of an Evans, the learning of a Greenleaf and what they wanted he became a broad-minded man. The two a Fuller ; and in this Hall there crowd upon my memory and I men could not see the narrowness of their viewpoint when they hear the voices of those sons of Maine who have played their could not discern or· give credit for an honest difference of opin­ potent part in the political life of the Nation. George Evans; ion entertained by another man. William Pitt Fessenden, ranking in vision, in cogency of reason­ I trust this bill will not pass this body, but that an amended ing, and power of expression with th~ great leaders of his gen­ bill may go through exempting light beers and wines, in accord eration; Hannibal Hamlin, who, for a.h.'i.ng the politieal asso­ with the desires and wishes of the great majority of the work­ ciates of a lifetime, took his place beside our martyred Lincoln ing people. Let Congress not put itself in the inconsistent posi­ for freedom and the preservation of the Union; our "plumed tion of having the best American youth cross the ocean to fight knight," James G. Blaine; Hale and Frye, for 40 years Mem­ for liberty and then at home op. American soil deprive· them o:f bers of this House and of the Senate of the United States; the personal privilege and liberty they request. Thomas B. Reed ; Nelson Dingley; Morrill; Boutelle; Milliken; Mr. COOPER. Will the gentleman yield? Littlefield; and others have given to Maine a position in the Mr. BURKE. No; I will not yield. I have only six minutes legislative history of the country which commands the respect remaining. Now, in this connection I desire to call the atten­ and admiration of all. And her unnamed sons and daughters tion of this body to the remarks of the gentleman from New may be found to-day throughout the great States of the cen­ Hampshire [1\fr. BURROUGHS], printed in the RECOBD of yester­ tral and far West, and they are there, like the men and women day, as follows : at home, a leavening and au uplifting influence, preaching and Who are the people, anyway, who are protesting against this legis­ lation as being " drastic," " radical," and contrary to the principles practicing the virtues of sobriety, of industry, of frugality and of our Government? Who are the people that are writing us and thrift, of respect for law and order, loving and striving to serve sending us petitions and telegrams to vote against this bill ? Would their country and their fellow men. you say that the great moral forces ·of the Nation are arrayed against Mr. Chairman, what Maine has given to the eountry is this legislation? What .Member of this House bas received resolutions passed by any church organization protesting against this bill? What recorded. Her fame is secure. Those of us now here may educational or philanthropic society in America has taken a stand add little to it, but, Mr. Chairman, I love the State of Maine, against it? How many wives, mothers, sisters, and sweethearts have her rocky coast, her hills, her forests, her lakes and streams, . written letters to Members of this House protesting against the passage of this bill? [Applause.] If any Member of tl~is House has received and, above all, her people, and the voice of malice and of slander any communication of this character, I would be glad to yield to him can not assail them in my presence with impunity. I should such time as may be necessary for him to make the fact known. 1919. CONGRESSIONAL RECORD-. HOUSE. 2505

In answer to his query, "What educational or philanthropic dial over in the State of Indiana, and the foolish sun did not society in America has taken a stand against it," for the know we had passed thflt law. The sundial indicated that it benefit of the gentleman and this Congress I quote from a· was 12 o'clock when it was 12 o'clock in spite of the law. What prominent Philadelphia newspaper which gives the attitude of I wish to convey is that what is intoxicating is a question of fact, the Law and Order Society of that city on the question, as and if a drink does not intoxicate you can not make it do so follows: by law. WAR PnOHIBJTIO-' UNFAm, BUT LAw MUST BE OBEYED--So SAYS GIB­ But there is something in this bill which convinces me that a BONEY, CITING INSTANCES OF BOW PROHIBITION DOES NOT WORK great many men who have spoken upon this floor have not read FAIRLY-" PLENTY OF WORK AHll:AD.'' this bill, or if they have read it they have not analyzed it. This " With the passing of the saloon there will be plenty. of work ahead bill (H. R. 6810) is chiefly a bill to give effect and enforce the for the Law and Order Society." to Thus spoke D. Clarence Gibboney, president of the Law and Order eighteenth amendment to the Constitution of the United States, Society, in discussing the ad-vent of war-time prohibition. and to provide for the enforcement of war prohibition; and I "The Law and Order Society expects to be busier than ever,'' he con­ maintain that no gentleman is transgressing the Constitution of tinued. " For there is every indication that the city will be full of "peak-easies. We have only to take the experience of· other cities, with the United States as amended by participating in the debate their illicit distilleries, ' blind tigers,' and other Hlicit means of fur­ here, by offering amendments, and by trying to make this law a nishing liquor. reasonable working law. I maintain that it is not alone our " Take Maine, for instance. Although prohibition has been on the statute books there for some time, I am reliably informed by a Phila­ right but that it is our duty to do so. delphian who visited there with a party of friends that anybody could Now, I take it for granted that every Member of this Congres.s get all the liquor he wanted. has the desire to be fair with all men who might innocently LIQUOR FOR "DRY" VOTES. su1Ier by virtue of the provisions of this act, and I am going to "A judge of one of our courts informed me that while passing the call your attention now to a couple of its provisions. On page 3 summer last year on an island in Maine he had occasion to go to town and was startled when seeing so many men on the street in an it is provided that- intoxicated conilition. Upon asking why this was possible in a State If a person has knowledge or reason to believe that his property is whe:re prohibition ruled, the judge was informed that they were holding occupied or used in violation o:f the provisions of the war-prohibition an election again to determine whether p1·obibition r.hould or should act and suffers the same to be so used, rmch property shall be subject to not continue, and that the liquor interests actually were giving a quart a lien for and may be sold to pay all fines and costs assessep against of li~nor to every man who voted dry. The judge was informed that the o-ccupant of such building or property :for any violation of tbe war­ the liquor interests made more money selling liquor under prohibition prohibition act, which said lien shall attach from the time o! the service ll~~~d U:Jn~~t ri~.eontinue, as they were not required to pay for of summons on the owner or his agent ; and any such lien may be estab­ lished and enforced by legal action instituted :for that purpose in any " The Law and Order Society will prosecute all violators of the liquor court having jurisdiction. • laws wherever complaints are made to us. "I have no sympathy with war-time prohibition. I tbin.k it unfair. The interpretation of this part of section 3 can only mean that The dealers have paid the licenses and the Government tax. Yet the if a person not guilty, but who is accused of having knowledge Government makes no provision for taking the goods off their hands. I have no sympathy for that kind of legislation, but law is law. Our that his property is occupied or used in violation of the provisions society will cooperate with the authorities.'' of the war-prohibition act, then the mere starting of legal pro­ In answer to the further query of the gentleman, "What ceedings against him ties up his property and renders a sale or a Member of this House has received resolutions passed by any transfer of the same impossible, no matter how slight the offense church or organization protesting against this bill," I quote and no matter how many tenants there may. be inhabiting such from a Philadelphia paper which gives the views of a pi·omi­ property. nent clergyman of that city on this question : · \Vith the crowded condition of the courts that might mean • WORKEnS' BEER DEFENDED BY REV. DR. CONWELL. years and irreparable loss to one man for an offense committed . In the pulpit at the Baptist Temple for the last time before depart­ by another man, and before you gentlemen leap into action on mg on h1s summer vacation, Dr. Conwell found inspiration for his this bill it might as well be considered. sermon in Samuel Gompers's recent declaration that America had won a victory in the war, but had lost its liberty. Section 4, page 4, starting in line 8, provides : "As an American, I was startled by that announcement from the Where a temporary injunction is prayed for, the court may issue an head of America's great labor organization," said Dr. Conwell "when order restraining the defendants and all other persons from removing or . Mr. Gompers said 'we have won a victory but we have lost our'liberty.' in any way interfering with the liquor or fixtures, or other things used It would not agitate us so much if the utterance bad been made by an in connection with such alleged illegal sale of such liquor. No bond ordinary man. But Gompers, I believe, is a man of unquestionable shall be required as a condition for making any order or issuing any writ patl'iotism; of unquestionable integ~ity. When he makes a remark of injuncti.on under this act. like th::..t it means something. "I think that Mr. Gompers's inflllence in America is equal to that of In other words, an irresponsible accuser, who possibly does not Pre ident Wilson in so far as America's future is concerned. The own a dollar, can go into court and make the accusation without American workingmen if they wanted to combine could rule this coun- bond upon which action is based, and if you will look at page 4, try, and Gompers represents these workingmen." • With Gompers's strong antagonism to prohibition, Dr. Conwell ex­ line 23, you will find that- pressed a radical difference of opiliion. He said : If the owner appears and pays all costs of the proceedings and files a "Mr. Gompers is right, however, when be says that there is a bond, with sureties to be approved by the clerk of the court in which fanatical disposition to go too far. There is a danger that the whole the action is brought, in the full value of the property, conditioned that thing will be rescinded by our going to extremes in threatening to he will immediately abate said nuisance. take away things that need not be dispensed with. The fanatics, the cranks, the men who would take away everything that is called beer, And so forth. whether it is intoxicating or not, give the workingman the impression Now, here you have the situation that the possible irresponsi­ that he is being persecuted. Let us be fair, rational Americans to ble accuser, who may be interested in making the accusation on the laboring man. The cry that 'you have lost your liberty ' is the most dangerous cry that could go out to the workingman. the ground of personal or political hostility, can go into court "Men should be allowed to express their opinion with the utmost and secure a writ of injunction against the property owner with­ freedom und~r the American· flag. I say that not merely as my own out a bond, and that the responsible property owner who is being opinion, but in the belief that it is the gospel of God. The public press should be allowed the greatest freedom that is consistent with truth accused has got to file a bond. and fidelity to patriotism. Prewar liberty must not be succeeded by Think of it, gentlemen. Here is a man who is disgruntled afterwar oppression." · about something, and he can go in and tie up a hundred thousand I want to say in conclusion that I fully believe if this Con­ dollars' worth of property by accusing some man of having some­ gress at this time meets the request of the workingmen you thing illegal going on. ~he accuser has not got to file any bond, have settled the liquor question for years to come; if not, you but the owner has got to file a bond, and while the irresponsible \vill find it in every campaign until their demands have been man has to file no bond, he can get on the next train and leave, granted. [Applause.] while the property owner has got to stay because his property is Mr. IGOE. I yield 10 mrnutes to the gentleman from Illi­ tied up. no1s [Mr. JuUL]. Under the provisions of this bill, from line 2 to line 6, in­ The CHAIRMAN. The gentleman from Illinois is recognized clusive, on page 6- · for 10 minutes. Any person found guilty of contempt under the provisions of this Mr. IDUL. Mr. Chairman and gentlemen of the Sixty-sixth section shall be punished by a fine of not less than $500 nor more than Congres , I shall not take up your time by going into the per­ $1,000, or by imprisonment of not less than 30 days nor more than 12 centage of alcohol that beer might or should contain in order months, or by both fine and imprisonment. that Ameriean citizens be permitted to drink it. I just want to Found guilty of what? Found guilty, ·for instance, of having say to you that some years ago out in the State of illinois the a tenant on his property who is occupying or using said property legislature was busy passing a bill that declared the Despl~ines in violation of the war prohibition act. River to be a navigable sb·enm. Now, that legislature could Gentlemen, you are passing a bill tying up innocent men's l1ave legislated from ~he 1st day of January until · the last day property. If any of you own property and have tenants, and of the session, and if there was no water in the Desplaines one of them misbehaves, your property is held for the fine River it would nof have been navigable, in spite of the law. · that may be imposed for that man's offense, an offense of which We passed a law here providing that when it was 12 o'clock you did not know anything and could not know anything. That meridian it should be 1 o'clock. I had occasion to look at a sun- is in the bilL If you do ·not think it is in the bill, read it, and 2506 CONGRESSIONAL RECORD-HOUSE. JULY 12, if you vote for it without reading it you are not giving the lines 23, 24, and 25, the Congress has absolutely delegated its people of the United States the fair deal that they deserve at powers in the following language : your hands. . The term " permit" means a formal written authorization by the What I am trying to have you see is that the provisions of the commissioner setting forth s_pecifically the things that are mentioned. law are so drastic that they do not alone seek to reach out and You are giving the Commissioner- of Internal Revenue, I sup· punish actual offenders, but they also reach out and punis~ pose it is, absolute carte blanche to go ahead and name the the owners of houses aud lessees of rooms where an offense under things that are permitted, a duty which you should perform as this law might be committed. Members of the Sixty-sixth Congress. By the way, the mere accusation against the· owner of the I followed the speech of my distinguished friend from Michl· property is not removed by his going in and filing a bond. There gan [Mr. CRAMTON] yesterday. He stood here and read a list must be a final adjudication to release the property, and you of thousands and thousands of men who had voted for prohi~ know what that means in a suit in law or bill in equity in cities bition and lesser .thousands of other men who had voted like the one in which I live, where cases are sometimes 20 against it. Are these other thousands entitled to nothing better and 24 months back on the calendar. The innocent man who than you are offering them in this bill, though they be men bas committed no offense is tied hand and foot. If a mortgage who have no intention of committing a violation of any of the expires or a trust deed expires during that period of time, there laws of the United States, men who are guilty only of having is no bank that would loan him a dollar on the property with accumulated a bit of property? Are they to be hauled in on a bill in equity filed against it. He could not get a dollar and injunctions and to have their property tied up for weeks and you know it. months and to furnish bonds to defend themselves? [Ap· Now is that what you mean to do to men who have not plause.] offend~d? I suppose that by· my standing here and talking to Mr. IGOE. Mr. Chairman, I yield seven minutes to the gen- you some of you may gain the idea that I am a man who wants tleman from Texas [Mr. HARDY]. . lots of whisky and beer and everything connected with it. Mr. HARDY of Texas. Mr. Chairman, I ask unanimous con- I want to say to you that I have not yet smoked my first sent to revise and extend my remarks in the RECORD. cigar, and I do not know the cards in a deck, and I maintain The CHAIRMAN. Is there objection? that I am just as clean morally and physically as any of you. There was no objection. This legislation, if you pass it the way you have written it, Mr. HARDY of Texas. Mr. Chairman, times change and men is unjust, and every thinking man that has some regard for the change with them. Thirty years ago in a public speech in Texas, other fellow will say so. You are imposing a hardship upon in the discussion of the question of State prohibition, I made thousands of well-meaning citizens, as good citizens as we have the prediction that the time would come when an effort would in the country, who do not want it. be made to secure national prohibition, and I was laughed to On page 5 of this bill you will find that the owner of prop­ scorn for making that statement by the most strenuous prohibi­ erty is dragged into court by an accuser who does not have to tionists in the audience. The position then taken by even ar­ furnish a bond to obtain an injunction. You will find, I say, dent prohibitionists was that it was a question of local interest that such owner shall file a 'bond with sureties in_ the full value and concern and of State police regulation, and that no one of the property. And I want to ask you Members of Congress, would ever be willing to confer the powers necessary to enforce many of whom no doubt have read Article VIII of the United prohibition upon the Federal Government. States Constitution, what is going to become of this article? I have lived to see the day of the rising tide, and I am frank I want to remind you of its language. This is what it says: ·to say that the American people, considering the great evils of Excessive bail shall not be required nor excessive fines imposed nor crucl and unusual punishment infiicted. drunkenness and intemperance, have with the increasing agita· tion grown more and more in favor of any measure, regardless Throughout this bill you have tried to steer clear of and avoid of any question of local self-government, that would enforce the trial by jury and provide for trial by injunction. I hope I am total destruction Qf the business. of manufacturing or dealing in not offending the tender sensibilities of any gentleman by quot­ intoxicating liquors. Let me say further that five years ago ing Article VI of the Constitution of the United States. Every a portion .of this bill would not have received the votes of 20 now and then we seem to forget that this document is still the Members of this House as it was then constituted. The por­ supru11e law of the land. When I listen to the reading of this tion to which I refer is that pa:rt that proposes to pass statutory bill by the Clerk, Article VI of our Constitution becomes quaint, prohibition in time of peace for the whole United States, and old-fashtoiled reading to me. Does it not to you? This is how before the eighteenth amendment to the Constitution,- which it reads: alone gives Congress the power to pass prohibition laws, shall In nll criminal prosecutions the accused shall enjoy the righ~ to. a speedy and public trial by an impartial _jury of the S~at~ and distnct take effect. I know that the first.part of this proposed bill does wherein the crime shall have been conumtted, w.htch dtstnct shall have not profess to pass a statutory prohibition law in time of peace, been previously ascertained by law, and to be mformed of the nature but it seeks to evade the question of lack of power by professing nnd cause of the accusation; to be confronted ~ith _the wi~esses against him; to have compulsory process for ob~tmag w1tncsses m his to amend a law that was passed in time of war. If the amend­ favor, and to have the assistance of counsel for hts udense. ment is an essential part it is a new law, and if the definition of I listened yesterday to the :wonderful speech made by my intoxicating liquor contained in this bill amends the war-time distinguished friend from Michigan [Mr. CRAMTON]-­ prohibition law so as to give it a different effect, then we may Mr. REBER. 1\fr. Chairman, will the gentleman yield? just as well institute and· pass a new law at this time in time of 1\IJ'. JUUL. Yes. peace to enforce prohibition over the whole United States. l\lr. REBER. The gentleman is looking intently at me all From my childhood up I have felt that that was a question tile time, and I want to say·to him that I am on his side of the with which the Federal Government, except as a war measure, question. I wish he would look at the other fellows and con­ had nothing to do, and every Member of this House believes that vince them. [Laughter.] I was right in that conviction. What, then, are we to say when Mr. JUUL. Then I shall have to look at the gentleman from we come to this bill, with its new definition, its new and addi· California [Mr. RANDALL]. He will not mind. I can always tional penalties in a time of actual peace, as to whether the war talk better when I am looking at somebody. is ended or not technically? Mr. RANDALL of California. The gentleman is making a This bill, professing to amend the war-time prohibition act, ver y good speech. has for its object other purposes than those named in the war­ ' The CHAIRMAN. The time ~f the gentleman from illinois time prohibition act, for they were purposes only of maintain­ has expired. ing our Army-what are we to say when we come to this bill, Mr. JUUL. I ask for five minutes more. which, in effect, imposes statutory prohibition by the Federal Mr. IGOE. All of the time has been allotted. Government in time of peace? I say that, so far as the first Mr. JUUL. Oh, give me three or four minutes. ~ title of this bill is concerned, it is statutory prohibition pro­ 1\fr. IGOE. I can give the gentleman one minute. posed in time of peace, and I do not believe a Member of this Mr. JUUL. Oh, give me three.· House thinks that it comes within the purview of the powers Mr. IGOE. .I am sorry I have not got it. granted in the Constitution or that it is not included in the Mr. JUUL. 'Viii somebody_else uo it? Will the gentleman powers reserved by the Constitution to the States. from Minnesota give me three? Having said that much, I am satisfied to state that with my Mr. VOLSTEAD. I have not the time. belief in respect to the powers granted in the Constitution to Mr. CANNON. I will yield the gentleman all of my time. the Federal Government and the powers reserved to the States 1\Ir. JUUL. I have appealed here to gentlemen on the other I shall be compelled to vote against this bill fJ.S long as Title I side for 10 minutes, and I could not get it. I will tell you one is as it is; and while I would represent my people, and would other thing in the one minute that I h~ve left. On page 7, on bow to their behest and propose to do it, I comd not vote f.or 1919. CONGRESSIONAL RECORD-HOUSE. 2507

an unconstitutional measure, such as Title I of this bill is, if bibition that people will resort to drinking strong liquor, whisky, every man, woman, and child in my district urged me to do it, flavoring extracts, when they can not obtain light wines and because with my conviction, with my belief that it is violative beers. of the grants of the Constitution and violative of those powers Mr. JUUL. And kerosene. which by the Constitution were reserved to the States, if I . Mr. LAGUARDIA. And they seem to be proud of the fact. voted for it I would vote for it in violation of my oath of office A great deal has been said about the foreign element. Now,· let , and my obligation to support the Constitution. me tell you that the foreign element in this country are not con­ I want to say a little something about the constitutional sumers of w.hiskies and liquors. Some of them drink light wines amendment. I really take no stock in the .question or discus­ and beers, but the greater majority of our working foreign eie- · sion of what "concurrent" is. My judgment is that it was ment in this country have all they can do to buy proper clothing, .1 • put in that form for this reason: If it had not been placed shoes, and food for their families. They have nothing left with ; in that form I am inclined to think it could have been suc· wh1ch to buy booze and strong drink. [Applause.] cessfully contended that by that constitution~ amendment all Of course I am not. able to say how much alcohol it takes to l of the powers of the States to deal with the liquor problem get one intoxicated, or the terrible results of the excessive use of . had been taken away and conferred upon the United States that artiele. I have not had any of that in my family, or any- ! • alone. I think that the prohibition advocates of the amend· body with whom I associate, so I do not know. I know that· ment were in favor of using that word lest they destroy the in my district of about 250,000 inhabitants, right in the heart ·~ powers of the State entirely. In my judgment both the States of New York City, you do not see any excess drinking from ; and Federal Government have the power now to adopt pro­ all of this so-called foreign element. In my humble judgment. hibitory legislation, but even the States must adopt laws that it is dangerous to establish a precedent in construing a statute to conform to the constitutional amendment. Otherwise their the extent that is atteiDJ>ted in this bill. If we start in constru­ laws may perhaps be held unconstitutional and in contravention ing a law, as we do here, why, when the tariff bill will be before of the eighteenth amendment. The question of the definition of us we will have to construe the difference between a sardine alcoholic or intoxicating liquor does not trouble me, · and for and anchovy and every article on the tariff. Gentlemen say this reason: If this definition be without authority it will have that the majority of the people of this country are in favor of this no effect, and the. couTts will construe it as being null and void bill, and y'et a careful reading of this bill will· show that they and will say that it is a question of fact in the trial of each are not ready to trust a jury composed of the aveTage American case when a party is charged with violating the law as to citizen to pass upon matters of fact. whether the drink was intoxicating liquor. I am inelined to Everywhere possible an equity action is provided. Temporary think that the courts will so hold. I am inclined to think that injunction wi·thout the necessity of giving a bond can be the legislatures can not define a term used in the Constitution obtained. A man owns a hotel on this side of the street con­ so as to alter the real meaning of the term; but that makes trolled by a diug store or the coca-cota crowd can go and no difference. Therefore, the questions with reference to con­ enjoin a man on the other side of the street on his ·mere say currency of jurisdiction or with reference to the quantitative so, shut up his opponents business for weeks at a time, perhaps percentage would not have anything to do with my vote. I right in the season, and afterwards on final hearing, if it is am free to say that there are terms in Titles ll and Ill that seem found that there was insufficient facts to sustain the injunc­

to be unduly hard1 ·perhaps violative of every principle I have tion, the writ is dismissed and in the meantime the man's busi­ ever loved of personal liberty. I do not know about that, but ness is ruined. There is no redress, as this law specifically I am free to say that I can not vote for this measure so long d.oes away with the requirement of a bond. All through this as it contains a feature which would make me in my belief bill we get away from a trial by jm·y. EqUity courts are here guilty of violation of my oath of office if I voted for it. Let called on to try matters of a criminal nature and to mete out me say now that when the eighteenth amendment becomes a part punishment. I ask the distinguished chairman why is it that ot ·the Constitution I shall feel bound on my oath of office to vote he does not resort to the usual and customary procedure in for any law that may be required to honestly, faithfully, and criminal action, an indictment by a grand jury and trial by fully enforce it. [Applause.] a petit jury. Is even the right of trial by jury to be taken The CHAffiMAN. The time of the gentleman from Texas away? And still the gentleman says in every community the has -expired. American people are in favor of this drastic measure. There Mr. IGOE. Mr. Chairman, I yield 10 minutes to the gentle- was no time in the history of our country wh~re we m~t be so man from New York [Mr. LAGUARDIA]. · · · careful in the proper enforcement of our laws. I disagree Mr. LAGUARDIA. 1\:lr. Chairman, several reasons have been with some who say that if this law is enforced that we will given for making this bill so drastic. I belieYe that if the dis­ have trouble because of its enforcement. I maintain' that this -tinguished gentleman from Minnesota or the committee had law will be almost impossible of enforcement, and if this law­ themselves drawn the · bill they would -not have made it so fails to be enforced, as it certainly will be as it is drawn, it drastic. It has been charged on the floor of this House that will create contempt and disregard for law all over this coun­ neither that gentleman nor any member of the committee had try. That is what the radical element is seeking to do now, anything to do with the drawing of the bill. That has not been showing that all people have not an equal protection of'"the 'denied, so we may accept the charge as true. law, showing that there exists a favored class. Why it is 1\fr. VOLSTEAD. Will the gentleman yield? possible under this law to accumulate a large amount of liquor 1\ir. LAGUARDIA. Certainly. and use it. It is possible for a man who can afford it to take 1\Ir. VOLSTEAD. Just for a brie£ statement. a trip to Cuba· and· elsewhere and drink to his heart's content. Mr. LAGUARDIA. Not for a statement; for a question. If all States do not pass like enforcement laws and we have 1\fr. VOLSTEAD. . I just wanted to explain-- various methods of enforcement, if this measure is loosely Mr. LAGUARDIA. The gentleman can explain in his own enforced after we have adopted the eighteenth amendment, time; I have only 10 minutes. it means simply fuel to the radical element to create a disre. 1\fr. VOLSTEAD. All right; go on. gard for and disobedience to our laws. And this measure Mr. LAGUARDIA. I notice thai the gentleman is not very now is humanly impossible of being enforced. Why, gentlemen generous in extending time to opponents of his measure. I talk abou.t conditions in New York City. You take into con. noticed that the gentleman at the time when I was making a very sideration the population of New York City, and I am willing important statement the other day would not even give me 10 to compare the criminal record of New York City, with its minutes in which to finish. I do not know whether that is be. 6,000,000 inhabitants, in proportion to population with any dry cause Carranza is an ally of the Anti-Saloon League, but I know district in the United States. [Applause.] . the chairman would not give me time. [Applause.] You will find for the average of our population we have less 1\fr. Chairman, I believe that this bill was purposely-so drawn crime than you have in your dry districts. Now, I do not say because it is not the intention of the organizations guiding our that excess drinking of whisky is good. I do not know anything committee to have this law properly enforced. With the excep· about it, as I told yon, none of my ancestors had that failing.; tion of the · Woman's Christian Temperance Union, whose sin­ I traced it way back and the only one of my ancestors I could' cerity I do not doubt, all the rest of the organizations do not de­ find who drank to excess was a certain Nero, and he got the. sire to go out of existence now. They have too much of a good habit from his mother who was born on the Rhine. [Laughter thing, and want it to last as long as possible. and applause.] There is not a supporter of this bill who has satisfactorily Is there really an honest desire to carry out the intention of explained how they are going to deal with moonshine whisky. the eighteenth amendment? You do not do it by this bill, and I Why, they seein to gloat over the fact that whisky will be charge· that you do not want to do it. You want to keep up your clandestinely manufactured and be sold. They seem to rejiDice lecture tours; you want to exploit the drunks. I want to ra. that cities will come down to their dry districts and buy it. form them. It has been profitable, it is a great thing for you, It has not been denied that when we have nation-wide [JrQ- and you want to keep it up. 2508 CONGRESSIONAL RECORD-HOUSE. JULY 12,

The law is being obeyed in New York City to-day, with its vast ~·can . do as he pleases and every poor man shall have his rest­ population, better than in any other sectionlin.the trnited .States,

1919. - CONGRESSIONAL RECORD-HOUSE. 2509

Congress has the right to enact an enforcement law, and it I can look back over 60 years myself very clearly, and during will according to its wet or dry tendencies. Why the haste those 60 years the population of this country has more than· in this enactment? Why not give the men whose money is in­ doubled. The poor and the oppressed of all nations have come vested in this business a cha'Bce to adjust their affairs and over here for . happiness, wealth, health, and everything that wait until the prohibition amendment goes into effect in Jan­ human beings enjoy, and they found them here. They did not uary next? It is a serious question with them. They should care to go back, so that we have had a great and glorious be given an opportunity to get into other enterprises to earn a Nation here for many, many years. In that time we have livelihood. They, too, are Americans, their business was _developed in every way. Electricity amounted to little or licensed, both by the State ~d Federal Governments, and they nothing in my early days. Stea,m was only fairly started. are entitled to this consideration. Gentlemen of the Congress, We were not then a great Nation such as we are now. I think in conclusion I make a plea for the retention of light wines and when I first remember the population of this country was less beer, and in doing so I cherish the firm conviction that I am re­ than fifty millions, somewhere around forty millions. So that, :tlecting the opinion of a great majority of the electorate of the as I say, we have had a glorious country, going forward in district whose representative I have the distinguished honor everything, and one of the lessons and one of the ideas of this to be and whose inter~st I hope always to be able to serve while country during my time has been that " that country is the a Member of the House. best governed that governs the least." Sumptuary laws, laws Mr. IGOE. Mr. Chairman, I yield half a minute to the that are unnecessary, laws that are twisted up for the purpose, gentleman from New York [Mr. GANLY]. seemingly, of giving lawyers employment to disentangle them­ Mr. GANLY. Mr. Chairman, owing to the fact that all the and that is what this bill looks like-are unWise laws. Even time is taken up on this bill I will make the same request. great lawyers, such as yesterday held this floor, were unable The CHAIRMAN. The gentleman from New York asks unani­ to agree as to the effect and meaning of certain provisions of mous consent to extend his remarks in the RECORD. Is there this bill. If that is true. it seems to me we are about to pass· objection? a law the meaning of which we shall not know after we shall There was no objection. have passed it. 1\fr. GANLY. Me. Chairman and gentlemen of the House, Now, I believe in temperance, but temperance is a very dif­ owing to the fact that the time allotted to those opposed to this . ferent thing from total abstinence or prohibition. When you measure has already been given out, I will have to content talk about the miseries and troubles of this country, they are myself with the few brief moments allotted to me to take up but a very'light, I think, compared with those of other nations. In all my long years it seems to me I have dwelt among a very fe"· of the most important phases of this bill. happy and prosperous people. [Applause.] I believe that this bill is an unjust bill, because it discrim­ The CHAffiMAN. The time of the gentleman from New. inates between the rich and the poor; it gives the right to the York has expired. man who owns his own private dwelling to have any supply of Mr. VOLSTEAD. Mr. Chairman, I yield 10 minutes to the beer or wines that he might see fit to have, but the man who is gentleman from California [Mr. RANDALL]. living in a dwelling house or in a house where a store or such The CHAIRMAN. The gentleman from California is recog­ Is a part is deprived of that right; also the fact that one year · nized for 10 minutes. ago when this bill was passed in this House it was expressly 1\Ir. RANDALL of California. Mr. Chairman, a little actual understood that the people- who were then engaged in the experience is worth a week of argument. For that reason I will • liquor business were to be given one year of time in which to ask that the Clerk read in my time a news item from the Los close up their business. .Another hardship that is ,imposed upon Angeles Examiner relating to the experience of the beach resort these men is that in a number of cases they have had leases of Venice under the present prohibition law. on stores for from 5 to 10 years. I . know of one case myself The CHAIRMAN. Without objection, the Clerk will read. where a man has a lease on a store for 10 years with 2 years yet The Clerk read as follows : to run. What is this man to do with this store after this prohi­ bition question goes into existence? This to my mind is a great VENICE GAINS FROM DRY LAW-FOURTH: OF JULY CROWDS MOST ORDERLY injustice to- this man. He is absolutely liable for the rent of AND GENEROUS CITY EVER ENTERTAINED. Residents of Ven~ce, who feared. tp.e city would lose its popularity this store, inasmuch as he has leased it for a certain length of when the sale of llquor was prohibited, are more cheerful since the time. .And yet he is not in a position to occupy it for the Fourth of July. They now declare that not only was patronage purpose for which it was leased. increased but the patrons were those who did the city more good from a financial standpoint. The great State of New York, from which I come here as a Notwithstanding the enormous crowd on the Fourth, it wa.s the first - .Member, eA'Pressed its feeling toward prohibition in unmis­ time in the history of the city that it was not necei!sary to increase the number of policemen. Most of the policemen on duty were on traffic. takable words when at the last election it reversed a large Venice never before had as many automobiles parked within its limits. Republican majority in that State and elected as its governor There was no ban on fireworks or firecrackers. There was not one Alfred E. Smith, then opposed by Charles Whitman. Mr. arrest for drunkenness. There was not one reported loss of money or valuables. There was not one injured by explosives or by automobiles ·whitman was the supposed leader of the " dry " forces of the There was not one 4lCCident to automobiles. There was no one drowned State, and he was the only one on the Republican ticket who and no near drownings reported. This is a record· that Venice never was soundly and severely beaten. This, I believe, was an indi­ made before on a Fourth of July. cation on the part of .the people of that State as to what they [Applause.] tl:!ought of prohibition. Mr. RANDALL . of California. Now, for the information of . There are numerous other legal questions which I believe the Members of the House, and particularly for the eQ.ification it will be up to the United States Supreme Court to decide. of ~he gentleman from St. Louis .[Mr. IGOE], I ask the Clerk to I want to say, in conclusion, that in 'one part of my con­ read an item from the, St. Louis Post-Dispatch of July 8. gressional district when the election was held the city of The CHAIRMAN. \Vithout objection, the Clerk will read Mount Vernon and the people of that section voted 3 to 1 in the item referred to. favor of "wet." I certainly hope that this bill will be defeated. The Clerk read as follows: [Applause.] CRIME FALLS OFF FIRST DRY WEEK-PO]JCE IU!lPORTS SHOW DIMINISHING Mr. IGOE. Mr. Chairman, I yieid four minutes to the gen­ VIOLENCE·'oon FIRST SEVEN DAYS OF WAR-TIME PROHIBITIOX. tleman from New York [Mr. 0LEABY]. The. first week of war-time prohibition. in ,St. Louis, which ended The CHAIRMAN. The gentleman from New York is recog­ last rught, has sho"\"\"n a marked decrease m crunes and in the number of arrests. nized for four minutes. During the week but one serious instance of bloodshed occurred. 1\Ir. CLEARY. Mr. Chairman and gentlemen, in our Declara­ This was the case of P-eter Birmingham, who was shot and killed by a tion of Independence we begin by saying that men have in­ policeman whom n number of youths had attacked. With this exception, the tJOlice records show only a few minor hold­ alienable rights, among which are life, liberty, and the pursuit ups and burglaries. Last mght no robbery in the streets was reported, of happiness. \Ve then went on and fought a war, and I have and only a few small thefts in buildings. never heard that there was any prohibition in the Revolution­ The average nightly number of arrests in central police district, the downtown secti"Dn, which includes Market Str~et, is now about 4.~ It ary \Var-but we were remarkably successful-nor in any was formerly 20 or more. other war that we have carried on. I believe the boys had Acting Chief of Police Gillaspy said to a Post-Dispatch reporter who some drink over in France in this past war, and it did not 1nquired as to the record of the first dry week : · "It was one of the quietest weeks that the police force had kno"\"\"n hurt them any. in many years. Of course, in police work one never knows what i!J ­ George \Vashington and his colleagues as the founders of going to happen, but it seems reasonable that, with the cause of much this Nation did not insert in the Constitution any· prohibiti"tin crime eliminated, the results will be lessened." articl~. Yet the Constitution of the United States is said to Mr. RANDALL of California. Mr. Chairman, I yield back the be the wisest charter ever issued or worked out by mortal balance of' my time. man. The CHAIRMAN. The gentleman yields back one minute. LVIII--1.59 • f2510 CONGRESSIONAL RECORD- HOUSE. JuLY 12, 1 ------~.---~------~~------1\lr. VOLSTEAD. Mr. Chairman, I yield 10 minutes to tlle Will the gentleman who would retmn to the old regime listen gentleman from Washington [Mr. SUMMERS]. . . to the Governor of New Hampshire when he testifies: The CHAIRMAN. The gentleman from Washington is recog­ Conditions ha~e been so muc-h better under prohibition than under ' nized for 10 minutes. license that many former believers in license are now outspoken for prohibition. We confidently expect even better results niter July 1. Mr. SUMMERS of Washington. Mr. Chairman, I ask unani­ 'I.'he comparative arrests for drunkenness in our eight largest cities mous consent to revise and extend my remarks. which were formerly license are: The CHAIRMAN. Is there objection to tlle gentleman's re­ May, 1917, to March, 1918, under license ______6, 987 lquest! May, 1918, to March, 1919, under prohibition ______~~------1, 547 · There was no objection. .And will the gentleman from Massachusetts, who produced Mr. SUMMERS. of Washington. Mr. Chairman, national pro­ the damp argument, hear the testimony of the Governor o:r' hibition does not purport to be a panacea for all our ills. Bow­ North Carolina: ever, I am in favor of national prohibition and for its strict After 10 years of obset'\fatlon crime is unquestionably less. If we enforcement The ancient wet argument has been made from should have a vote on the question to-day, the majority for prohibition this :floor that prohibition does not prohibit, and that crime in would be larger than when it was first voted. Prohibition bas the' effect of saving money to those who would drink, and general efficiency the District of Columbia and other places has increased since as well as individual efficiency is enhanced. the prohibition law went into effect. We who have lived in wet territory that later became dry Many other governors desire to testify, but time forbids. know that such arguments will not stand the searchlight of offi­ However, in 28 States where prohibition has been operative cial investigation. ·we know from abundant observation that from 1 year to 40 years only one governor gives a verdict every wet argument along this line falls to the ground whereve:r against prohibition, 1 has not answered, and 26 governors of prohibition has been honestly tried. ·we know tha~ in my own dry•states testify that social and business conditions have been State of 'Vashington and our neighbor States of Oregon and improved and that crime has been reduced 25 to 75 per cent. Idaho and other dry States that the benefits of prohibition are Detroit, Washington, Seattle, Indianapolis, Portland, Oregon, in direct relation to the enforcement of the dry law, and that Denver, .Atlanta, San Antonio, Birmingham, and Omaha are the from the very nature of things stringent enforcement laws are 10 largest cities in the United States that have been dry more necessary. than six ruonths. Their populations vary from 200,000 to 850,000 I submit to you, M1·. Chairman, that none are so well ab-le to eac::.h. Their mayors and chiefs of police, With a single excep­ speak on this absorbing topic as the officials who have lived for tion, . testify very much as does the chief of police of Portland, years in their respective States before the sale of alcoholic Oreg., who says : liquors was prohibited and who have occupied high official posi­ Prohibition has been a success. Hundreds of representative citizens who voted against it are now ardent supporters. Buildings formerly tions before or since these States went dry. occupied by saloons were rented with very little delay. A few months I call to witness Gov. Thomas E. Kilby, of Alabama, who says: preceding the adoption of prohibition I handled some 1,600 cases ot My State went dry January 1, 1915. Prohibition is nn unqualified destitution, and in practically every case the head of the family owed success in Alabama. Drunkenness is reduced to a minimum, crime re­ a saloon bil1. Ten months after the adoption of prohibition I checked duced 50 J?er cent.t.. and there is a large increase in bank deposits. The 75 corner grocery stores in the district where most of this destitution new city Jail at J:Sirmingham has been empty over a year, and many was, and without a single exception collections from 50 to 75 per cent county Jails are without prisoners. The business sentiment of Alabama better were reported. The year preceding prohibition our average strongly indorses present prohibition conditions regardless of former daily arrests for drunkenness we1·e 23; the year following the average attitude on the subject. per day was 2!. • I call to witness the late Gov. Ernest List~r of my State of And so must every chief of police of every city in the land Washington, who after three years• observation testifies: testify, because criminologists tell u.s that alcohol is a con­ There bas been a inarked improvement in conditions. :Even in the tributory cause of 85 per cent of all crim.e, and ~ challenge any larger cities, such as Seattle1 Spokane, and Tacoma the sentiment for man to prove to the contrary. prohibition is much stronger to-day than ever before. The drlnkipg of alcoholic liquors, poverty, and crime go hand I call Thomas E. Campbell, governor of .Arizona, who says : in band, and to the degree to which we suppress the one we My State went dry January 1, 1915. Prohibition has resulted in a eliminate the others, and while we would not interfere with any marked decrease in commitments to penal institutions and the hospitals for the insane~ The number of destitute famllies has greatly decreased. legitimate industry, business, or profession, this law must The best possible indorsement is that the voters, after two years' trial, necessarily have teeth. overwhelmingly adopted' a more stringent prohibition bill. The same total prohibition that was necessary during war .Again, I call Gov. Charles H. Brough, of .Arkansas, who to bring our soldiers to their highest efficiency is equally testifies : necessary during the final months of demobilization and during My State went dry January 1, 1916. Conditions .are greatly im­ reconstruction. [.Applause.] proved since State-wide prohibition went into effect. Crimes have Mr. RANDALL of California. Mr. Chairman, I ask tmani­ materially decreased. Gen. Leonard Wood stated to me that the prin­ cipal reason Little Rock secured the Camp Pike cantonment was because mous consent to extend my remar~ in the RECORD. of prohibition. · The CHAIRMAN. Is there objection to the request of the Next I call to witness the governor of Colorado, Oliver H. gentleman from California? Shoup, who says : There was no objection. Colorado went dry January 1, 1916. Colorado has.shown a marked Mr. VOLSTEAD. Mr. Chairman, I yield five minutes to the advance in many lines. It is safe to say that the State will never revert gentleman from Texas [Mr. Box]. to the old policy of licensillg the liquor traffic. The OHAIRM.A.N. The gentleman from Texas is recognized .Again, I call to witness Go_v. Davis, of Idaho, who says: for five minutes. :My State went dry January 1, 1916. There is no question o! the Mr. BOX. Mr. Ch4irman and gentlemen of the committee, I benefit of prohibition. Countless thousands of our citizens have been shall be able to say nothing that will influence the vote of any benefited directly or indirectly by the elimination of the liquor trafiic. We have some cases of illicit selling, but these can not begin to dim Member of this body, nor will I be able to make my own posi­ the shining light ot the new era. tion plainer with my own people ; but, as this great question Listen to this testimony of Gov. Allen, of Kansas : comes to a final issue in this great body, I want my voice to This State has been in the prohibition column since 1881. Prohibi­ go with my vote. I shall support this bill. tion has contributed much to our material welfar-e. Money that was · The fact that it contains some provisions that I would not formerly spent in the support of the liquor trafiic is now ~one into better have put into it will not deter me from voting for it. We do food and those things which mean better social conditions; but great ·as has been the material advance it is on the moral side that Kansas not get" things just as we want them; we have to take them bas gained most. Crime has decreased, jails 1n many counties haye in the best shape that we can get them. The .American people been entirely empty for ~ long perlod1• and pauperism has decreased. have found that the men who have engaged in the manufac­ The sentiment in Kanaas is to-day pracucally unanimous in its support. ture and sale of intoxicating liquor have made their business The testimony of Gov. Albert E: Sleeper, of Michigan, de­ the mainstay and support of practically all of the evil influ­ clares that after one year arrests for drunkenness all over the ences that curse American life. They have made it a corrupting State have been cut down to about one-quarter. Business men influence in politics and in tlle courts. It has impaired and .report that bills are paid more promptly, and the effect of pro­ lessened productive power and weakened and degraded the ·hibition on general business has been good. human brain. It has become the enemy of the school, the churc~ .And, again, the governor of Mississippi says after 10 years' and the home. It has done no good, but the greatest harm. In observation: • order that its baneful work might be mitigated, the people have Prohibition has brought a very marked decrease 1n c:rime and a tried to regulate it, but it has proven to be an outlaw-no law marked increase in material p.rosperity. Our people are delighted "With ·the results. can restrain it. The American people have therefore determined that its existence shall end. It is a happy day for America when The governor of Nebra.slcit testifies. that- that can be truly said. [.Applause.] There 1B no doubt that if prohibition was to be resubmitted to the people they would give it a much larger affi.rmative "Y.Pte than it re­ Mr. IGOE. I yield the remainder of my time to the gentle­ ~ceived when it was Iirst adopted. man from New York [Mr. GRIFFIN]. ·1919. CONGRESSION .A.L RECORD-HOUSE. ~Sll

The c::AIRMAN (Mr. Goon). The gentleman from New amendment gave a privilege, it gave something to the citizen­ York is :·ecognized for 10 minutes. ship; it did not take anything away. This is the first amend­ Mr. l~ RIFFIN. Mr. Chairman and gentlemen of the com· ment which has ever deprived the individual of fundamental mittee, New York, it appears, haf;) been most largely intrusted rights. It is against every tradition, every principle of free with the duty of speaking against this measure, and from that it institutions. might be inferred that New York was particularly anxious to You have no right to pass an enforcement law. Why? Be­ prevent the passage of enforcement laws. Now, please do not cause precedent is against you. You have never done it before, make any mistake as to that. New York takes no such stand. following up the passage of any other constitutional amendment. ·n has its own enforcement law. New York stands for law and You did not do it with the first 10 amendments to the Consti­ ·order, and it is not the first time in the history of this country tution, because those first 10 amendments were known as the ·that the Empire State has been so arrayed. It is not the first Bill of Rights. They extended human liberty. You did not do time in the history of this country.that New York has stood for it with the fourteenth amendment or the fifteenth amend­ the fundamental principles which are at the basis of human ment. Why? Because you were afraid to offend the principle liberty. of State rights. Now, State rights and State sovereignty are Since I have been in this body I have heard insinuations just as vital, just as inherent in American institutions to-day and words of comment which might be construed as offensive as they were at the foundation of this Government. Start on this when weighed in their full import as applied to that organiza­ path now, begin the precedent by passing this criminal code to tion which is known throughout the United States of America enforce constitutional amendments, and see where you will land. as Tammany Hall. That is not the real name of the organi­ Personally I do not give the snap of my finger whether you zation. That is a nickname. The organization in question is, pass this drastic law or not. I do not know but it might be a properly speaking, the Columbian Order, and it was founded in matter of good policy on the part of the opponents of this 1789, when the institutions of this country were in peril from measure to let you go ahead and pass it. The men who are reactionary forces; when there was no such thing a~ manhood going to vote for this measure do not and will not know what suffrage, and that much-criticized society led the way in bring­ is in it. They do not grasp the full import of its drastic pro­ ing manhood suffrage to fruition. visions and the violations of individual rights that it contains. When the alien and sedition laws were passed, under the Go ahead and pass it and I am willing to trust the presidential administration of that arch Federalist, John Adams, helped veto, or, if it should go further, the final adjudication of the by Alexander Hamilton, it was the Columbian Order in New Supreme Court of the United States. . York City-Tammany Hall, if you please-which led the way The only solicitude I have in the matter is that at a time in protest against those un-American measures and brought when you are cutting off from the available revenue of the coun­ about their ultimate repeal, and also incidentally brought try heretofore received the immense volume of t-axes from about the fall of the Federalist Party in the United States. wines, beers, and spirituous liquors, and at a time when re­ Now, New York is not against prohibition enforcement. But trenchment should _be observed in every legislative act, you we are emphatically against Federal interference with the ex­ are about to establish a stupendous governmental agency with isting enforcement laws of the individual States or the laws vast hordes of revenue agents, inspectors, and other emissaries which they may hereafter enact for that purpose. We are op­ to irritate and pester . the citizenship of our land and fatten posed to your writing into the eighteenth amendment a defini­ themselves upon the Public Treasury. The loss of revenue due tion of the term "intoxicating liquors." That is not the func­ to prohibition for the next fiscal year is estimated to be about tion of the legislative branch of this Government, but belongs $600,000,000. When we add to that the inevitable loss of re­ inherently in the United States Supreme Court and is essentially ceipts from the income tax and excess-profit tax the total a matter of construction and not of legislative opinion. As you reduction of the national revenue will probably be near to know, the Legislature of New York ratified the eighteenth amend­ $1,000,000,000. Instead of devising schemes to further· reduce ment. Personally I believe that the legislature, in ratifying that the national revenue, we ought to concern ourselves with the amendment, did not speak the will of all the people of the State. problem of increasing it. I believe that the measure should have been submitted to a popu­ It is almost too petty to believe, .and yet the curious coin­ lar vote of the people. I do go this far and say that New York is cidence of the views of those hailing from the smaller States in favor of temperance, in favor of temperate living. I was ~om of the Union in favor of a national-enforcement act raises the in New York City, and I say to you gentlemen frankly that I suspicion that they are anxious to throw the expense of the have been in every part of it, both day and night, and I have enforcement of prohibition upon the Nation at large instead of seen very little of the -abuse of liquor. No drunkenness, no upon the individual States, because they know that their States crimes against women, no lynching, no disorder. will only have to bear the merest fraction of the cost. This is In fact, it may be said that the industrial populations in our selfish, unneighborly, and . unjust. The States that pay the great cities as a rule do not overindulge. This is, doubtless, as highest proportion of the national revenue in taxes will have true of other industrial centers as it is of New York. Men to bear the principal burden of local enforcement of this odious occupied in useful employments-busy men-are rarely found and pernicious measure. And I warrant you that if this ·to be intemperate in drink any more than in other appetites. measure becomes a law there will be more of the national It is only the idle who fall into vice. You who have these revenues frittered away in its enforcement in the States of many ·problems of idleness and intemperance to face in your own of you gentlemen, with your less than a million inhabitants, localities should take a broader and more tolerant view of the than will be expended for that purpose in the great rmperial :needs of others. Why should the great masses of industrial State of New York. In other words, there is a reasonably well­ ·.workers in our great cities be deprived of their personal free­ founded suspicion that you are trying to shirk your respon­ 'dom and be hampered by sumptuary laws to help you, in lawless sibilities. localities, to control evil idlers? I have no doubt that your resentment against drunkenness The gentleman from California [Mr. RAND.A.I.L] read two ex­ and its incidental and consequential crimes is fully justified. tracts, one from a Los Angeles paper and the other from a St. But may it not be justly asked if a large part or your tr.ouble -Louis paper, in which it was told how beautifully affairs went is not due to the defects in your educational facilities? Why 'on in certain summer resorts under the beneficent influence of not tax yourselves adequately and thus provide sufficient reve­ :this law. What law? Was it the law that you gentlemen pro­ nues to maintain schools? How can you expect intemperance ·pose to pass here? How could that be before you pass it? No; of any kind to be driven out of human nature except by educa­ it was the eighteenth amendment. And did it need any en­ tion? You can not drive murder out of the heart of primitive forcement law to make those people respect the law and respect man by putting firearms beyond his reach. He will accomplish the Constitution? No. The law was respected because of the his purpose with club or stone or even with his bare hands. mere fact.of the passage of the constitutional amendment. In­ How can you expect to drive drunkenness away by laying the stead of being an argument in favor of this law it is an argu­ ban upon a few sources of abuse? Do not reply that you have ment against the passage of any enforcement law. You do not enumerated in this bill a great many sources of temptation. ,need it in the United States. Pass a constitutional amendment You certainly have done all of that. Your failure is not due to in due form and leave it to the manhood, leave it to the patriot­ want of industry in microscopic detail, but rather to want of ism and the sense of self-respect of our citizenship. I assure understanding of human nature and failure to appreciate the ·you that they will enforce the law and they will respect it. I fundamental principles of human liberty. - do not believe you have a right to pass an enforcement law. It ·is the first time in the history of this country that you have ever PROTESTS. attempted to pass an enforcement law. We have amended our TELEGRAMS. Constitution eighteen times. Examine these amendments care­ Fred. 0. Arner, Buffalo, N. Y.; Max Bockemeyer, 609 Eagle fully, gentlemen, and you will find this fact staring you in the Avenue, New York City; R. Becker, 609 Eagle Avenue, New face, that every constitutiona-l amendment embraced in those York City; .Gustave Essig, 762 Hegner Place, Bronx, New York 18 amendments was in enlargement of human rights. Each City; the In~ational Laboratories (Inc.), Binghamton, N.Y. ; .·- ··· ·"';· ... ~ -~

2512 CONGRESSIONAL -RECORD-HOUSE. JULY 12,

, the Wylie ?- .Jones Advertising Agency, Binghamton, N. -Y.; When this amendment was passed in the Senate and came here Jacob Kraft, 2950 Third Avenue, Bronx, ·New York City; the to the House it had no such reservation, and I again insisted tlmt D. R. Kilmer Co., Binghamton, N. Y.; the Foster-Wilburn Co., it ought to go into the amendment. I do not mean to suggest Buffalo, N. Y.; the Mentholatum Co., Buffalo, N. Y.; the F. A. D. that there was any real opposition to the proposition in the com­ Richter Co., New York City i Henry Rippel, 602 St. ,A.nns Ave­ mittee. I tltink it is a wise and proper provision. I did not nue, New York City. have anything to do with drafting the provision; however, I LETTERS. I think the languag-e is all right. The Austin-Nichols Co., Third ·Ave"Q.ue and One hundred and . I am not going to discuss the constitutionality of it. I do twenty-ninth Street; New York City; E. 0. Cox, 45 West One not think that needs any argument. The cases cited in opposi­ httndred and seventy-se-venth Street, Bronx, New York City; tion to it clearly prove that a State or the National Government the California Grupe Protective Association, San Francisco, can pass criminal laws for the enforcement of it, and that is all Calif. ; William J. Cronin, 2552 Kenmore Place, Brooklyn, N. Y.; we expect or ask to do in this bill. There can be no conflict, the B. B. Dans Co., 24.8 Hudson Street, New York City; the and it seems utterly ridiculous to me to expect that the Supreme Union of United Brewery, Flour, Cereal, and Soft Drink Work­ Court will take the view that has been suggested. ers of America, Cincinnati, Ohio; the Nord-Oestliche.r Sanger­ One thing more in closing, I have followed this discussion with bund von Amerika, Philadelphia, Pa. ; the Paris Allen Co., 60 a good deal of interest, and I have noticed that nearly eve1·y Broadway, New York City; the Retail Liquor Dealers' Associa­ one that ha.s objected to this bill because of its alleged unconsti­ tion, 444 Willis Avenue, New York City; the Retail Liquor Deal­ tutionality comes from a large wet city. Why is it that only ers' Association, 790 Forest Avenue, New York City; Jacob the large wet cities' can see anything unconstitutional in it? Seligson, 706 East One hundred and sixty-fifth Street, New York Why is it the representatives of such localities especially object City; Messrs. S.eeman Bros., 57 North Moore Street, New York to it as drastic and unfair? Is there any connection between City; Henry Schmidt, 437 Westchester Avenue, New York City; their view of the law and their opposition to this measure. E. Wuppermann, the Cortina Academy, 12 East Forty-sixth Many of these men not only urge that it is drastic and un­ Street, New York City. . constitutional but that we ought not to enforce the amendment The CHAIRMAN. The gentleman from Missouri [l\Ir. IaoE] at all. They insist that we ought to ignore the will of the people has ene minute remaining. as expressed in this amendment. This bill is not drastic. I l\1r. IGOE. I want to take that one minute to ask the gentle­ hold in my hand a compilation of the New York liquqr laws. man from Minnesota a question. The prohibitionists are such In that State you provide for a search warrant much more liberal people that they want the people of the counn·y and the drastic than we h.ave. You have an injunction provision in the legislatures to have a free hand in passing upon these questions. New York law to stop the illegal sale of intoxicating liquQr the I will ask the gentleman if his side is willing to give the House same as we have in this bin. It is more drastic than anything the chance on .Mondny, in the consideration of this bill, to vote we have, and still the Representatives from New York hold up for a straight-out repeal of the war-time prohibition law? I their hands ~n holy horror. Turn to any one of the prohibition understood in all the speeches that were made here that this States and you will find the same situation. You will find, I question should be freely and fairly coDBidered by the peo-ple at believe, in every .State a provision for issuing a sea~h warrant large and by the legislatures. That is a fair proposition. for taking liquor held in violation of law, and many bave provi­ Mr. VOLSTEAD. Personally I .am not in a position to answe:r sions 'for search without a warrant. We do not allow anything that question. There has been no discussion about it as far as of that kind. "\Ve provide for a warrant. .and it can not be I 1.'110W. issued except under the most stringent regulatioDB. 1\lr. IGOE. Will the gentleman assist us in getting that oppor­ Mr. GRIFFIN. Mr. Chairman, win the gentleman yield? tunity for n vote? l\Ir. VOLSTEAD. Yes. Mr. VOLSTEAD. I do not want to make any promise, because Mr. GRIFFIN. Can the gentleman find anything in the New I do not know how the ~embership will feel about it. York law which delegates the function of a magistrate to a The CHAIRMAN. The .gentleman from Minnesota has eight revenue officer, as you do in this measure? ·minutes remaining. Mr. VOLSTEAD. We do nothing of the kind. The gentle­ Mr. VOLSTEAD. Mr. Chairman, I would not occupy any time man does not know what he is talking about. The New York except for one fact. In the discussion here an effort has been code allows any justice of the peace or magistrate to issue made to show that the bill originated somewhere else -than in search warrants. We do not permit anything of the kind; we the committee or membership of the House. I am perfectly permit only a court of record or a United States commissioner willing to be frank with the House and tell them exactly where to issue search warrants. [Applause.] it originated. I do not think anybody has any hesitation in 1\fr. GRIFFIN. Does the gentleman find anything in the having their names connected with it who believe in prohibi­ New York law which permits a man who swears out the war­ tion. Two bills were introduced in the Senate, one by Senator rant to execute it and then to sit as a committing magistrate? JoNES of Washington and another by Senator SHEPPARD. Any­ 1\.lr. VOLSTEAD. No; and there is no such provision in one who cares can get copies of those bills. They were intro­ this bill. duced some time before this bill was introduced. They were Mr. GRIFFIN. Oh, sure you do in your section 2 of the bill. used as a bn.sis on which this bill was drawn. The Senate Judi­ Mr. VOLSTEAD. There is no snch provision in the bill. ciary Committee attempted afteT this bill was introduced to Mr. GRIFFIN. I will show it to the gentleman in a moment. make a comparison of the three bills. You can get a copy of Mr. VOLSTEAD. The search-warrant proposition is a copy that comparison and see how the three match. They were un­ of the New York code modified so as to make it less drastic able to match many of the sections of this bill with either of than the New York code. That is the actual Situation. [Ap-· the Senate bills. plau.se.] No one should draw a bill of this kind without making use Mr. GRIFFIN. I understand the gentleman yields"? of le~islation that has been tried out in other jurisdictions. Mr. VOLSTEAD. Yes. . Anyone who would attempt to originate a bill without doing 1\Ir. GRIFFIN (reading)- that would be exceedingly foolish. The bill was largely modeled SEc. 2. That the C~:mmis.sioner of Internal Revenue, his assistants, on the Ohio law. I have the Ohio statute, and you will find a agents, and inspectors, shall investigate and report violations of this large number of these provisions in that statute. And, by the act to the United States attorney for the district in which committed, way, the Ohio statute is much more drastic than the provisions · who shall be charged with the duty of prosecuting the affenc:lers, sub... ject to the direction of the Attorney General. as in the case of ()ther of this bill. I have it here so that I can satisfy anyone who is offenses against the laws of the United States- curious on the subject. Every State4 I believe, that has a prohibition law has the essential features of this bill, including 1\!r. VOLSTEAD. I can not permit the gentleman to take up. Iowa., Oregon, Kansas, North Dakota, South Dakota, Minnesota, my time by reading the bill. Nebraska, Idaho, Alaska, Washington, and I might mention The CHAIRMAN. The gentleman declines to yield. a number of others. Mr. GRIFFIN (reading)- Some reference has been made to the concurrent power of the • • • and EUeh Commissioner of Internal Revenue, h1s assistants, State government with the Federal Government. In a way I agents, and inspectors, may swear out warrants before United States am in some measure respoDBible for that provision. At a hear­ commissioners or other officers or cou:rts-- ing before the Judiciary Committee I called their attention to M.r: VOLSTEAD. I object to the gentleman's continulng the one fact, that in case no reservation was made to the States reading of that in my time. Congress might set aside every State prohibition law in the Mr. GRIFFIN. It is only just a line. The gentleman chal~ Union. I was not willing to risk any such thing as that, and for lenged my statement, and I want to show the gentleman thnt he that reason suggested to the committee that a reservation of is wrong. power in the States to deal with the matter ought to be em­ The CHAIRMAN. The gentleman from New York Is out of ' bodied in the amendment. .order. 1919. CONGRESSIO-NAL RECORD~HOUSE. 2513

l\Ir. VOLSTEAD. The pt'ov.ision in there simply gives.some-of been completed and reserve the right to offer amendments to those offi.cers-- tllat section, to be considered on Monday and offered on Mon­ Mr. CALDWELL. Mr. Chairman, a point of order. The gen­ day? tleman from Minnesota [l\lr. VoLSTEAD], having the·floor, yielded Mr. VOLSTEAD. I presume under the parliamentary r.ules to the gentleman. from New York and asked him to :r:ead this. that will be: correct, mid it is my intention to move that the The CHAIRMAN. The point of order is overruled, and the committee rise as soon as the first section has been completed. gentleman from 1\finnesota has the floor. ~he Clerk read as follows: Mr. CALDWELL. If the Chair will bear with me, I· know That the term "war prohibition act" used in this act shall mmn the provisions of any act or acts prohibiting the sale and manufacture. the Chair wants to be fair, and I am arguing the point of order. of intoxicating liquors until the conclusion of the present war an(l The CHAIRMAN. The gentleman declines to yield further. thereafter until the termination of ,demobilization the date of which l\fr. CALDWELL. I understand; but will the Ohair listen to shull be determined and proclaimed by the President1 of the United States. 'Jihc words " beer, wine, or other intoxicating malt or vinous my argument? liquors " in the war prohibition act shall be construed to mean any Mr. BLANTON. Mr. Chairman, I demand the regular order. liquors which contain one-half of 1 per cent or more of alcohol by [Cries of "Regular order! "] volume. The CHAIRMAN. The point of order is overruled. The gen­ Mr. LONGWORTH. 1\lt·. Chairman, a parliamentary inquiry. tleman from l\finnesota has the floor. The CHAIRMAN. The gentleman will state it. l\fr. CALDWELL. So the Chair refuses to listen to the dis­ Mr. LONGWORTH. If the motion of the gentleman pre­ cussion of this point of order?· vaiLs, will that still leave it in order on Monday to move to • l\Ir. VOLSTEAD. That provision simply authorizes one of strike out section 1? those officers to swear out a complaint and to go before a -magis­ The CHAIRMAN. It will. trate to prosecute it. · Mr. GARJ\TER. Or any other amendment that mny be offered Mr. GRIFFIN (reading)- to section 1. * '* '* and may, subject to the control of the said United States The CHAIRMAN. Any otb.er germane amendment. attorney, conduct the committing trial. Mr. LONGWORTH. Either a perfecting amendment or an 1\'Ir. VOLSTEAD. Oh, I know that by heart, and I refuse to amendment to strike out? yield further. It has not anything to do with a search warrant, The CHAIRMAN. Yes. but is an entirely different subject, and does not authorize what Mr. LONGWORTH. Another question. A motion to perfect you claim at all. Read it again, and you will probably see how section 1 would have preference over a motion to strike out? ridiculous the claim is. The CHAIRMAN. It would. The CHAffiMAN. The time of the gentleman from 1\linne­ Mr. LONGWORTH. But it would not prejudice, after any sota has expired. All time has expired. perfecting amendments were considered, the rigbt to mo\e . to Mr. GRIFFIN rose. strike out? The CHAIRMAN. For what purpo e does the gentleman The CHAIRMAN. Certainly not. That would be in order rise? after all perfecting amendments had been passed upon and 1\fr. GRIFFIN. I rise to ask unanimous consent to speak for before the reading of the second paragraph. one minute. I gave back one minute of my time. lUr. LONGWORTH. l\light it be offered and remain pending The CHAIRMAL~. .All time has expired as fixed by the during the consideration·of perfecting amendments? House. • l\fr. CALDWELL. By unanimous consent. l\lr. GRIFFIN. I ask unanimous consent to speak .for one The CHAIRMAN. The Chair thinks so, but only by unani­ minute. mous consent. The CHAIRJ:I.IAN. Is there objection? 1.\-Ir. MADDEN. I think the Chair is wrong about that. I 1\Ir. BLANTON. I object. think it is in order for gentlemen to offer any amendment. but Mr. LONGWORTH. A parliamentary inquiry. the vote would not be taken on. the motion to strike out until The CHAIRMAN. The gentleman will state it. all perfecting amendments had been voted upon. Mr. LONGWORTH. Will this bill be read by sections or by The CHAIRMAN. That is correct. :paragraphs? 1\Ir. VOLSTEAD. I move that the committee do now rise. The CHAIRMAN. The bill will be read by sections. 11he motion was agreed to. Mr. VOLSTEAD. Mr. Chairman, I ask that the bill be now Accordingly the committee rose; and the Speaker having re­ read for amendment. sumed the chair, 1\Ir. GooD, Ohairman of the Committee of the l\fr. LONGWORTH. ~rr: Chairman, a further parliamentary Whole House on the state of·the Union, reporteu that that com­ ~nquiry. mittee had had under consideration the bill H. R. 6810 and The CHAIRMAN. The gentleman will state it. had come to no resolution thereon. Mr. LONGWORTH. At what point in the reading of this bill would it be in order to move to strike out title 1? I EXTENSION OF REMARKS. The CHAIRMAN. At the end of the first section, that part Mr. TINKHAM. 1\Ir. Speaker, on Tuesday last I introduced of title 1, the motion to strike out would be in order. I a House resolution in relation to the creating of a bureau in the Mr. LONGWORTH. The Chair ruled the first section shoula Department of Labor which had to do with living and housing be read and at the conclusion of the reac1ing ·of that first section conditions. I ask unanimous consent to insert a statement in it would be in order to move to strike out title 1. the RECORD in relation to that bill, explaining it and the neces- The CHAIRMAN. It would be in order to move to strike out sity for its prompt consideration. . section 1 and give notice that if section 1 is stricken out a The SPEAKER. The gentleman from Massachusetts asks similar motion will be made to strike out the subsequent sec- unanimous consent to extend his remarks in the RECORD on the tions of title 1. The clerk will read. subject stated. Is there objection? [After a pause.] The The Clerk began the reading. Chair hears none. Mr. BLANTON. Mr. Cha.innan, I make the point of order ADJOURNMENT. that there is no quorum present. Mr. Chairman, I withdraw it. Mr. VOLSTEAD. Mr. Speaker, I move that the House do The Clerk read as follows : now adjourn. A bill (H. R. G810) to prohibit intoxicating beverages, and to regulate the manufacture, production, use, and sale of high-proof spirits for The motion was agreed to; accordingly (at 4 o'clock and 46 other thun beverage purposes, and to insure an ample supply of minutes p. m.) the House adjourned to meet on Monday, July alcohol and promote its use in scientific res~arch and in the develop­ 14, 1919, at 12 o'clock noon. ment of fuel, dye, and other lawful industries. Be ft enacted, etc.- TITLE I. REPORTS OF COMMITTEES ON PUBDIC BILLS AND TO PROVIDE FOR THE E.'FORCEMENT OF WAR PROHIBITION. RESOLUTIONS. 1\Ir. IGOE. :J.\.lr. Chairman, I want to be sure that the Chair Under clause 2 of Rule XIII, bills and resolutions were sev­ has ruled that the reading of the first section, if completed, erally reported from committees, delivered to the Clerk, and re­ would not prejudice the right to offer amendments up to that ferred to the several calendars therein named, as follows: point as to striking out the title. A parliamentary inquiry-- Mr. PLAT'X, from the Committee on Banking and Currency, The CHAIRMAN. After the first section has been read then to which was referred the bill (H. R. 6806) to amend section 25 it will be in order to move to strike out. of the act of December 23, 1913, known as the Federal reserve 1\fr. IGOE. I ask unanimous consent at this point to inquire act, for the purpose of encouraging foreign h·ade, reported the of the gentleman from Minnesota, for the benefit of the House, same with amendment, accompanied by a report (No. 109), if it is his plan to rise when the reading of the first section has which said bill and repor:t were referred to the Bouse Calenda,r. . .

. ' - 2514 CONGRESSIONAL RECORD-HOUSE. . JULY 12,_

He also, from the same committee, t(} which was' referred the Also, a blll (H. R. 7261) to provide that in the construction bill (H. R. 6861) tQ amend section 1 of 'the act approved and application of the pension laws a soldier or sailor shall be con­ July 17, 1916, known as the Federal farm-loan act, so as to sidered of good health at the time of his enlistment ; to the Com­ .provide for the payment of the e:x:penses of the Federal Farm mittee on Invalid Pensions. ·Loan Board and employees by the Federal land banks and joint· By Mr. JACOWA.Y: A bill (H. R. 7262) extending the time stock land banks, reported the same with amendment, ·ac.com· for the construction of the Main Street Bridge across the Ar­ panied by a report (No. 110), which said bill and report were kansas River between the cities of Little Rock and Argenta, I referred to the House Calendar. . Ark.; to the Committee on Interstate and Foreign Commerce. . Mr. ESCH, from the Committee on Interstate and Foreign Also,. a bill (H. R. 7263) extending the time for the construc­ t Commerce, to which was referred the bill (H. R. 7015) govern­ tion of the Broadway Street Bridge across the Arkansas River aug the tolls to be paid at the Panama Canal., reported the same between the cities of Little Rock and Argenta, Ark. ; to the [Without amendment, accompanied by a report (No. 113)., which Committee. on Interstate and· Foreign Commerce. t SU.ld bill and report were referred to the )louse Calendar. By Mr. FORDNEY: A bill (H. R. 7264) to repeal the act en­ titled "An act to promote reciprocal trade relations with the REPORTS OF COMMITTEES ON PRIVATE BILLS AND Dominion of Canada, and for other purposes," approved July RESOLUTIONS. 26, 1911; to the Committee on Ways and Means. By Mr. BEGG: A bill (H. R. 7265) authorizing the Secre­ Under clause 2 of Rule XIII, private bills and resolutions were tary of War to donate to the village of Birmingham, Erie severally reported from committees, delivered to the Clerk, and County, Ohio, one German cannon or fieldpiece, with accompani­ Ireferred to the Committee of the Whole House, as follows: ments; to the Committee on Military Affairs. Mr. McKINIRY, from the Committee on Claims, to which was By Mr. CAMPBELL of Kansas: Concurrent resolution (H . . referred the bill (H. R. 5665) for the relief of Carlow Avellina, Con. Res. 18) directing the Department of Agriculture, the In­ !reported the same with amendment, accompanied by a report terstate Commerce Commission, and the Federal Trade Commis­ (No. 111), which said bill and report were referred to the ·sion to cooperate for the purpose of reducing the cost of pro­ "Private Calendar. ducing, manufacturing, and transporting food to consumers ; to Mr. EDMONDS, from the Committee on Claims, to which was the Committee on Interstate and Foreign Commerce. t referred the bill ( S. 253) for the payment of claims for the loss By Mr. UPSHAW : Concurrent resolution (H. Con. Res. 19) of private property on account of the loss of firearms and directing the Secretary of War to sell immediately the surplus ammunition taken by the United States troops during the labor foodstuffs now on hand; to the Committee on Military Affairs. strikes in the State of Colorado in 1914, reported the same with­ By Mr. ELLIOTT: Resolution (H. Res. 170) directing the out amendment, accompanied by a report (No. 112), which said Department of State to furnish the House of Representatives bill and report were referred to the Private Calendar. with certain information relative to the expenses of the peace Mr. BE.E, from the Committee on Claims, to which ·was re­ commission ; to the Committee on Expenditures in the Depart­ ferred the bill (H. R. 1761) for the relief of the Farmers' Na­ ment of State. tional Bank of ·wilkinson, Ind., reported the same with amend­ By Mr. WALSH: Resolution (H. Res. 171) to authorize the ment, accompanied by a report (No. 114), which said bill and Speaker to appoint a select committ-ee of six members of the report were referred to the Private Calendar. House to inquire into the operations of the United States Ship­ ping Board and the United States Emergency Fleet Corpora­ PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS. tion, or any agency, branch, or subsidiary of either; to the Com­ Under clause 3 of Rule XXII, bills, resolutions, and memorials mittee on Rules. were introduced and severally referred as foilows : By Mr. NELSON of Wisconsin: Memorial of the Legislature By Mr. BLAND of Indiana: A bill (H. R. 7248) to authorize of Wisconsin, urging the Congress of the United States to the acquisition of a site and the erection of a Federal building acquire, control, and regulate the principal and necessary stock­ at Bicknell, Ind. ; to the Committee on Public Buildings and yards and the refrigerator and other pri\ate car lines in the Grounds. United States; to the Committee on Interstate and Foreign By Mr. AYRES: A bill (H. R. 7249) authorizing the Secretary Commerce. of 'Var to donate to the city of Caldwell, Kans., one German cannon or fieldpiece; to the Committee on Military Affairs. PRIVATE BILLS AND RESOLUTIONS. By Mr. BRINSON: A bill (H. R. 7250) authorizing the acqui­ Under clause 1 of Rule XXII, private bills and resolutions sition of a site for a public building at Clinton, Sampson were introduced and severally referred as follows: County, N. C.; to the Committee on Public Buildings and By 1\fr. AYRES: A bill . (H. R. 7266) granting an increase Grounds. of pension to Eli 0. 'Vilson; to the Committee on Im·:.tlitl By Mr. CANNON: A bill (H. R. 7251.) authorizing the Secre­ Pensions. tary of War to donate to the city of Watseka, Til., one German By 1\fr. BLAND of Indiana: A bill (H. n.. 72G7) granting a cannon or fieldpiece; to the Committee on 1\iilitary Affairs. pension to Belle Grisamore; to the Committee -on Invalid Pen­ By Mr. SMITH of Michigan: A bill (H. R. 7252) authorizing sions. the Secretary of War to donate to the city of Kalamazoo, 1\Iich., By Mr. DYER: A bill (H. n.. 7268) granting an i.ncrea~e of one German cannon or fieldpiece; to the Committee on Military pension to .James R. Lewis; to the Committee on Invalid Pen­ Affairs. sions. Also, a bill (H. R. 7253) authorizing the Secretary of War 'to By Mr. FOCHT: A bill (H. R. 7269) granting a pension to donate to the city of Quincy, Mich., one German cannon or field­ Agnes Gibbons; to the Committee on Invalid Pensions. piece ; to the Committee on Military Affairs. By Mr. GARD: A bill (H. R. 7270) granting an increase of Also, a bill (H. R. 7254) authorizing the Secretary of War to pension to l\loses Goldstein ; to the Committee on Pension~. donate to the city of Marshall, Mich., one German cannon or field­ By Mr. LAGUARDIA: A bill (H. R. 7271) granting an in­ piece ; to the Committee on Military Affairs. crease of pension to .John Kennedy; to the Committee on Also, a bill (H. R. 7255) authorizing the Secretary of War to Invalid Pensions. donate to the city of Coldwater, Mich., one German cannon or By Mr. LINTHICUl\1: A bill (H. R. 7272) for the relief of the fieldpiece; to the Committee on Military Affairs. heirs of Michael Carling, assignee of .Joseph n.. Shannon, de­ Also, a bill (H. R. 7256) authorizing the Secretary of War to ceased; to the Committee on Claims. donate to the city of Battle Creek, Mich., one German cannon or Also, a bill (H. R. 7273) for the relief of Margaret A. Curley; fieldpiece ; to the Committee on Military Affairs. to the Committee on War Claims. Also, a bill (H. R. 7257) authorizing the Secretary of War to Also, a bill (H. R. 7274) granting a pension to Walter Sewell; donate to the city of Grand Ledge, 1\fich., one German ca11non or to the Committee on Invalid Pensions. fieldpiece; to the Com~ittee on Military Affairs. Also, a bill (H. R. 7275) granting a pension to .John H. Also, a bill (H. R. 7258) authorizing the Secretary of War to Warren; to the Committee on Pensions. donate to the city of Albion, Mich., one German cannon or field­ By Mr. MAcGREGOR: A bill (H. R. 7276) granting a pension piece; to the Committee on Military Affairs. to William Olday; to the Committee on Pensions. By Mr. LINTHICUM : A bill (H. R. 7259) authorizing the By Mr. 1\fAPES: A bill (H. R. 7277) granting a pension to Secretary of War to donate to the city of Baltimore, Md., 10 ·Adelia M. Whitcomb; to the Committee on Invalid Pension . ·German cannons or fieldpieces; to the Committee on Military By Mr. McKINLEY: A bill (H. R. 7278) granting an increase Affairs. of pension to Lewis Rankin; to the Committee on Invalid By 1\Ir. SMI~H of Michigan: A bill (H. R. 7260) for the pur­ Pensions. chase of a site for the erection thereon of a public building at By Mr. NICHOLS of Michigan: A bill (H. R. 7279) granting Eaton Rapids, Mich.; to the Committee on Public Buildings and an increase of pension to Margaret Drew ; to the Committee 011 Grounds. Pensions. 1919. ~ CONGRESSIONAL REOORD--BENATE. ·2515

By Mr. REAVIS: A bill (H. R. 7280) granting •a pension to By Mr. GRA.HAl\1: ·of Illinois: Petition of sundry citizens of Osiah Attison ; to the Committee on Invalid Pensions. Moline, Ill., requesting enactment of laws for full enforcement By 1\fr. REED of New York: A bill (H. R. '7281) granting of the eighteenth amendment to· the Constitution; to the Com­ an increase of pension to Henry B. Pitner ; to the Committee mittee on Ways and 1\feans. on Invalid Pensions. By Mr. LEHLBAOH: Petition of sundry citizens of New By Mr. SELLS: A bill (H. R. 7282) granting an increase of Jersey, for repeal of tax on sodas, etc.; to the Committee on pension to Jesse A. Trent; to the Committee on Pensions. ·Ways and Means. By Mr. SHREVE: A bill (H. R. 7283) granting an 'increase By Mr. NELSON of Wisconsin: Petition of l\.1. A. Sharka, of of pension to Hiram Prusia ; to the Committee on ·Invalid Rhinelander, Wis., requesting the withdrawal of the Polish Pensions. '.Army from Lithuania; to the Committee on Foreign Relations. By 1\Ir. TAYLOR of Tennessee: A bill (H. R. 7284) granting By Mr. O'CONNELL: Petition of members of the section on an increase of pension to Lillie P. Hinman; to the Committee industrial medicine and surgery of the American Medical Asso­ on Pensions. ·ciation, urging appropriation of $1,500,000 to be used under By Mr. WILLIAMS: A bill (H. R.-7285) granting a pension 'the direction of the United States Public Health Service for to John H. Franklin; to the Committee on Pensions. the investigation of the causes, •modes of transmission, preven­ tion, and cure of influenza, pneumonia, and allied diseases, · this sum to be available to July 1, 1922; to the Committee on PETITIONS, ETC. Appropriations. Also, petition of National Federation of Federal Employees, Under clause 1 of Rule XXII, petitions and papers were laid opposing Representative GooD's amendment to the Nolan mini­ on the Clerk's desk and referred as follows : mum-wage bill for Government employees; to the Committee on By the SPEAKER (by request): Petition of. members of the Labor. section on industrial medicine and surgery of the American By l\lr. OSBORNE : Petition of the Clay Products' Association, Medical Association, urging an appropriation by Congress of of Los Angeles, Calif., urging that the freight rates suspension not less than $1,500,000 to be used under the direction of the power be restored to the Interstate Commerce Colllmission; to United States Public Health Service for the investigation, the Committee on Interstate and Foreign Commerce. pre-vention, and cure of influenza., pneumonia, and ullied dis­ .Also, memorial of district No. 5, California State Nurses' As­ eases, this sum to be made available to July 1, 1922; to the sociation, urging that Army rank be given to nurses; to the Committee on Appropriations. Committee on Military Affairs. By Mr. CAREW : Petition of the thirty-ninth annual conven­ By Mr. RANDALL of Wisconsin: Petition of George S. tion of the American Federation of Labor, opposing ·mob rule Glerum, H. L. Rose, and 27 other citizens of Kenosha, Wis., re­ and lynching; to the Committee on the Judiciary. questing the repeal of section 904 of the 1918 Federal income­ Also, petition of the Grand Lodge, Brotherhood of Railroad tax law; to the Committee on Ways and Means. Trainmen, urging adoption of the league of nations and pledg­ ' By Mr. RUCKER: Petition of sundry citizens of Brookfield, ing support to the President;· to the Committee on Foreign Mo., for repeal of tax on candy, ice cream, etc.; to the Com­ Affairs. mittee on Ways and Means. By 1\fr. COLE: Petition of. seventh. ward branch of the Mil­ By Mr. V ARE:· Memorial of the National Benedictine Asso­ waukee (Wis.) Socialist Party, protesting against the action of ciation against the Smith-Towner bill; to the Committee on Congress in denying Victor L. Berger a seat in Congress; to the Education. Committee on Elections No~ 1. By Mr. CURRY of California: Petition of' Golden Gate Lodge, No. 799, Brotherhood of Railway Carmen of America, protesting SENATE. against the high cost of living; to the Committee on Interstate and Foreign Commerce. J\foNDAY, July 14, 1919. By Mr. DALLINGER: Resolution of the Gold Beaters' Union of Boston and vicinity, favoring the league of nations; to the The Chaplain, Rev. Fonest J. Prettyman, D. D., offered the Committee on Foreign Affairs. following .prayer: By 1\fr. DICKINSON of Missouri: Petition of 22 druggists Almighty God, we come to our tasks to-day with a sen8e of and other merchants of Carroll County, Mo., asking for repeal leadership among the nations of the earth and of mighty of tax on patent medicines, toilet articles, sodas, etc. ; to the power. We pray that we may have the wisdom which will Committee on Ways and Means. justify our leadership and the grace which will sanctify our By Mr. DYER: Resolution of the· board of directors of the power, that we may be so guided by Thy Holy Spirit and by :1\1erchants' Exchange of St. Louis, Ill., approving the report of the precepts of Thy word that we £hall conform our leadership the special committee on budget and efficiency of the Chamber and the expressions of all our power to the Divine will :wd of Commerce of the United States, relating to the adoption of the Divine service, that we may be a Nation whose Lord _is a budget system for the National Government; to the Commit­ · God, serving Thee with singleness of heart and purpose. Bless tee on Appropriations. us in the discharge of these high and holy duties. For Christ's By Mr. ESCH: Petition of members of the section on indus­ sake. Amen. · trial medicine and surgery of the American Medical Association, The Journal of the proceedings of Thursday last was read in favor of an appropriation of $1,500,000 for prevention and and approved. cure of influenza, pneumonia, and allied diseases ; to the Com­ mittee on Appropriations. RESALE PP..ICE MAINTENANCE (H. DOC. NO. 14;:)), By Mr. FRENCH: Petition of sundry citizens of Gem County, The VICE PRESIDENT laid before the Senate a communi­ State of Idaho, against the repeal of the war-time prohibition; cation from the Federal T1·ade Commission, transmitting, to the Committee on the Judiciary. pursuant to law, a special report dealing with the subject of By Mr. FULLER o:t Illinois: Petition of the Free Sewing Ma­ resale price maintenance, which, with the accompanying paper, chine Co., of Rockford, Ill., opposing contii:mance of the United was referred to the Committee on Interstate Comme1·c-e and States Employment Service; to the Committee on Labor. ordered to be printed. Also, petition of Skandinavia Lodge, No. 6, International Or­ MESSAGE FROli THE HOUSE. der of Good Templars, of Rockford, Ill., for enforcement of the eighteenth amendment to the Federal Constitution; to the Com­ A message from the House of Representatives, by D. K. mittee on the Judiciary. Hempstead, its enrolling clerk, announced that the House By Mr. FULLER of Massachusetts: Petition of Andrew John­ had passed the following bill and joint resolution, in which son, chief templar; Carl J. Carlberg, secretary; and others, mem­ it requested the concurrence of the Senate : H. R. 2847. An act providing additional aid for the American bers of Framut Lodge, No. International Order of Good Tem­ 3, Printing House for the Blind ; and plars,· at Malden, Mass., urging the United States House of Rep­ H. J. Res.120. Joint resolution authorizing the Secretary of resentatives to promptly enact at this special session o~ Con­ War to receive, for instruction at the United States Military gress laws providing for the full enforcement of the eighteenth Academy at West Point, Tao Hung Chang and Zeng Tze Wong, :amendment to the United States Constitution, and also definitely !(iefining intoxicating liquors; to the Committee on the Judiciru:y. dtizens of China. By Mr. GILLETT: Petition of City Council of Worcester, PETITIONS AJ:\1> :M:EMORL\LS. .Mass., urging Congress to do all that it properly can do to pro­ The VIOE PRESIDENT presented a memorial of 300 dis­ ni-ote the claims an