Evening Star Newspaper, April 9, 1927, Page 4

By the Associated Press. SYMPHONY HALL, BOSTON, April 9.—This hall, whose usual loud- est outery is the burst of applause greeting an artist's rendition of a classical composition, last night re- sounded to the eager tread of thous- ands interested in the debate between two prominent men on the subject of | prohibition and the attitude which | #ome believe the Republican party should take toward it. The first of the disputants to ap- pear on the stage was Dr. Nicholas Murray Butler, president of Colum- bia University, who presented the af- firmative of the question, “Should the Republican national platform of 1928 advocate repeal of the eighteenth amendment?” against Senator Wil- liam E. Borah of Idaho An audience which filled the hall greeted him vociferously, but ap- peared equally hospitable when Sen ator Borah appeared a moment later. Presldent Robert M. Washburn of the Roosevelt Club introduced the de- baters. Butler Opens Debate. Opening his argument, Dr. Butler declared the question presented raises issues more important “than any which the Amerfcan people have been called upon to face since our fathers and grandfathers had to deal with the | 1ssue of slavery and secession.” “It is in no direct sense a question of morals at all,” he said. “It is only incidentally a question which has to do with the use and abuse of in- toxicating liquor. It is primarily and chiefly a question of government, of the protection and perpetuity of the form of government established by the Constitution, of the relation of that Government to the citizen and of the relation of the citizen to his Government.” “While the eighteenth amendment is the law, we owe it obedience,” Dr. Butler sald. “We owe to the under- lying principles of America an appeal 1o the people to undo that damage and correct that stupendous error. “My appeal,” he added, “is from the judicial and legislative branches of the Government to the people to take out of that Constitution a provision in the form of an amendment which an amendment, which is substa legislation, which is a revolutionary act, which has not likeness to any- thing that is in the Constitution, which has nothing whatever to do with the form and structure of govern- ment or with the limitation of powers. but which is an ofdlgar.\' I;UHI‘(‘!W\!I Jaw, operatl directly and almos lmvocapsly ::on the whole body of our citizenship.” “Contradicts Constitution.” The eighteenth amendment, Dr. But- Jer sald, “affronts and disfigures” the Constitution, contradicting every prin- ciple on which the Constitution rests, and, he added, “tbe difficulties, the embarassments, the shécking scenes reported daily from every part of the jand,” are the result of the contradic tion that has been set up between the Constitution and the eighteenth endment. m"'.\ay first ground of appeal to my party to lead the way in restoring our Government is that this amend- ment is revolutionary and highly dangerous,” he said. “There are two ways of overturning a Federal form of government and destroying it. One is by breaking it to pieces, which was secession. The other and equally dangerous way is to destroy the com- ponent parts by building up at the center a great Federal bureaucracy %o care for every detail of local and State administration and life and_to reduce the names Massachusetts, T nois and California to descriptive wet opponent. Senator William E. Borah (left), winner of debate by a vote of 6 to 3 of the judges, and President Nicholas Murray Butler, of Columbia University, his Dr. Butler said, “the only hope and the only cure is the repeal of the eighteenth amendment.” 5 “There is no use in talking about tinkering with the Volstead law, about seeking for one form or another.of nullification, although nuilification has become perhaps the convenient and the cowardly American method of dealing with laws which we do not like,” he said. Dr. Butler brought applause when he told of his own early political ex- periences and of casting a vote for a declaration against liquor trafic when a member of a New Jersey State con- vention in 1886. “Why shouldn’t the Republican party reassert its moral leadership, undertake the restoration of the Gov- ernment of the United States, estab- lished by the Constitution, and repeal this amendment, not as an end in itself—that would be riegative—but as the first step toward a dlr@ck a con- structive and a successful handling of this great social problem?” he asked. Dr. Butler said that he, and tens of thousands like him, should ask the State of New York to institute some system based upon those which have been so successful in Scandinavia and Quebec—the absolute abolition of the saloon and the private traffic in in- toxicating liquor and substituting lim- ited sale of liquor for private use. Progress in Temperance, “In the State of New York,' he said, “we could accept, obey and en- force that law, and we should‘ be on the way toward that progress in tem- perance which we were happlly fol- lowing when 1919 and 1920 came upon us and this tremendous debacle over- took us.” ¢ Dr. Butler reminded his audience of the danger that confronts a ‘‘party without courage.” He claimed the present situation to be simflar to 1850 and 1852. “The Clay compromise of 1850 was hailed as settling the question of slav- ery forever,” he asserted. ‘All poll- ticlans said then, as they say now, ;Hulh, hush, don’t mention this sub- ject.” He then related how the Whig party out of existence after the con- vention of 1852 because it dared not nominate Fillmore, as he had declared eographical terms.” 5 vau.nt Butler aroused the audi- to,1ts highest pitch of enthusiasm :nlm:uened at any point up to that ‘when he declared that Senator bate in the Senate March 2, 1014, had “stated with admirable cogency and directness the very heart and essence of my argument. Quotes Idaho Senator. In the record of this debate, he said, “this admirable declaration”: Y am not in favor of putting in the Constitution of the United States a provision of the fundamental law of which we, as a nation, are going to dive in deflance 365 days in the year. “My dear Senator,” he continued, “1 agree with you entirely, but why ne it to woman suffrage?” ‘And if it is not going to be en- forced in all parts of the nation, then there is no reason why it should not be lett to the different States to act on the question of equal suffrage and have public (fia‘mn behind it.’ Sena- r, I agree you.” wrre-mn: Butler contended that prohibition was not & gquestion of State rights, but a *question of States privileg: State dutles, State responsibllities,” and “of the protec- tion and preservation of local self- government on which every form of Democratic Government must finally depend.” Question of Population. He asserted that prior to national prohibition, 18 States with a popula- tion of 56 per cent of the total popu- lation of the United States had no such law, while 18 other States with 333 per cent of the total population had restrictive legislation “that per- mitted individuals to exercise their ordinary civil and political liberty,” and 12 States with 11 per cent of the population had strictly prohibitory legislation. The eighteenth amendment, Dr. Butler declared, ‘‘represents the worst possible way” of attempting to deal with the evils of the liquor traffic. “We talk of law enforcement,” he continued. “You cannot enforce con- flicting laws—something must give way; and then it is the eighteenth amendment and the legislation based upon it on the one hand, and the whole body of the Constitution, the bill of rights, the whole of political ‘English and American history on the other, which do you suppose will have to give way? It must be this new and invading element in our public law.” After citing cases of what he said being done by enforcement agents ‘under the guise of law enforcement,” SAVE ON_YOUR LAWN FENCE AT FRIES, BEALL & SHARP 734 10th N.W. 4th and 8 N.E. Main 1964 Y@mx‘ 124 day’ We guarantee to tfain you inthree months ‘BUILDING TRADES,/SCHOOL 710 0.'5t.Nw. for the Clay compromise,.nor Webster, because of his stand. They nominated Winfield Scott, who, Dr. Butler sald, “had no record on the subject” and carried four States. In Deflant Attitude.. Adopting a defiant attitude, Dr. But- ler declared in ringing tone: “The fight is on, and it is to be a fight to the finish. The battle will he fought by men not mannikins; with principles, not platitudes. No matter what may be the evasions and si- lences of party platforms, no candidate for high office will be permitted to shelter himself behind the papier mache breastwork of law enforce- ment; he will have to stand up and de- clare whether he is for the Federal Union established by the Constitution or against it; whether he is for the forbidden and abhorrent eighteenth amendment, which has been forced into the Constitution, or against it; whether he is for freedom of religion, of speech and of the press, of the rights of assembly and petition, or against them; in short, whether he is for the protection of the.powers re- served to the States respectively and to the people, or against it.” 5 L’Origan After a greeting equaling in warmth that given his opponent, Sen ator Borah, while volcing disagree: ment with many of Dr. Butler's opin- fons, declared he had “only the high est admiration for the man who goes out and sincerely expresses his view to the public on this important ques- tion.” The audience grew particularly en- tic when the Senator asserted ‘every ome recognizes that the tiquor traffic is a_curse to the huran family and must be dealt with by law in some way in order to protect the public interest.” He appealed for a “full and fair trial” of the legislation under iwhich the “American people eight years ago deliberately outlawed intoxicating liquor for beverage purposes,” and ex- pressed his conviction that prohibition could be enforced. “I believe,” he shouted! ‘‘the Re- publican party should declare for the amendment and for its enforcement and make the same sublime and dar- ing fight against this evil that it made against the evil of slavery, two evils which the immortal Lincoln togethér as the greatest e human race.” Quotes From Amendment. Quoting from the eighteenth. amendment and the Supreme Court decision declaring it operative throughout the territorial limits of the United States, he declared: “If the legislation of the United States as construed by the Supreme Courst is not the law, then there is no law. If the Constitution of the United States as construed by the high- est judicial tribunal be disregarded, then there is for our people no rule of conduct, no order, no restraint, no protection, no stability, no government. Every man becomes a jaw unto him- self, and every faction that is strong enough becomes sovereign.” Agreeing with Mr. Butler that “this is not a ‘wet’ or ‘dry’ question tor Borah described it as a “govern- mental question, without the proper conception and solution of which there can be no orderly regulated lives for 130,000,000 people.” ve do mot propose in this coun- try,” he thundered, “to abandon a Government of law for a Government of force, and we do not propose to sur- render the orderly processes of Gov- ernment in the repeal of law for the disregard and deflance and the nuilifi- cation of those who not like the law. The Americas pt can and in the end will enforce any ‘provision of the Constitutign which they in their wisdom see fit to put into the Constitu- tion of the United States.” Admits Serious Status. Admitting ‘that he knew “how seri- ous the condition is,” with respect to violation of the liquor laws and add- ing that he was not attempting to deny and seeking to minimize the “de- moralizing and destructive effect upon the state and up the Nation,” he said: “Having deliberately entered upon the task of outlawing liquor traffic and now finding that task a most dificult one, what are you going to do about 1t? Having started the battle against this evil, when are you going to sur- render? Having started the fight, when are you going to quit?” A roar of applause swept over the hall, when a voice in the balcony shouted in reply, “Never.” ° Senator Borah said that the coun- Chypre Jasmin Rose Torer Gooos Sectiox, First FLOOR. Paris try never could properly consider re- peal of the eighteenth amendment until some program to replace it was submitted. “Sheer Political Expediency.” fou cannot ask the great Repub- lican party to advocate the repeal of the eighteenth amendment and take the ban off the liquor traffic unless you present to the American people something in the nature of a program to take the place of the eighteenth amendment.” Scoffing at the proposals for modi- fication of the Volstead act as “utterly ridiculous,” Senator Borah sald “this wouldn't stop the attack for one, hour,” and wouldn’t keep the con- troversy out of the next campalgn. odification under the Volstead the Senator declared, “is a mat- ter of sheer political expediency to enable candidates to get by the elec- tion without telling what their posi- tion is upon the eighteenth amend- ment."” He agreed with Dr Butler that the case {3 one that cannot be cured by “political soothing sirup,” and he added, ‘‘certainly,” the Republican party would not take a position in the next campaign upon the question of “near modification” of the Vol stead act. “Born of Confusion.” Talking up the proposal to repeal the elghteenth amendment, Senator Borah said this seemed to him a “proposition born of confusion.” The Government control of the traffic, he held, would “rot out the pillars of Government inside of halt a century.” “It contains every evil and none of the virtues of prohibition,” he assert- ed. "It would be bureaucracy and bureaucracy drunk.” Referring to the results of govern- ment control in Canada, he said that country has “the same bootlegging which “was ‘“never so successful, so luerative and so impudent as it is under government control.” “My friends,” he said, “let me pause here to say that there never has been a system of any shape or kind introduced for the purpose of con- trolling liquor traffic that the liquor traffic itself has not undertaken to polluté, corrupt and break down.” “0ld Saloon Back.” Government contrel, the Senator argued, means “the old saloon back again undér another name.” “I am not wedded to the eight- eenth amendment,” he said. “If there is any better way on earth to con- trol the liquor traffic, I am for it. But I never would vote to put Uncle Sam into the liquor business.” It the Republican party should de- clare for repeal of the eighteenth amendment and substitution of Gov- ernment control, he declared, “it would not carry a single town out- side of a village over here by the name of Manhattan, in New York."” The third propoesal, in addition to modification of the Volstead act, and repeal of the amendment, he faid, is that of disregarding law, which “is undermining and breaking down.” “Every man a law unto himself, disobeying all laws which he does not like,” 'he went on. “And that condl- tion of affairs, in my opinion, will require the Republican party to go on record in 1928.” “Repeal Means Reaction.” Repeal of the amendment, he con- tended, would mean a return to the condition which prevailed prior to its_adoption. There is in the United States, the Senator asserted, “a deliberate, or- ganized attempt” to nullify the Con- stitution, as well organized as the| nullification doctrine of John C. Cal- houn. And he followed by quoting a debate between himself and Senator Bruce on the floor of the Senate which he held supported this view. “When men upon the floor of the Senate and throughout the country are advocating defiance or nullifica- tion of the Constitution of the United ates, I say there is only one thing Spring Lamb and Fresh Mint at Center Market “ See Page 38 O S aremeremeeememe e amdward & Lothrop 10th, 11th, F and G Streets Special Combination Package Coty’s Face Powder and Extract Now on Sale at This Low Price 75¢ A very special offer—with each full-size box of Coty’s famous Face Powder there is included a Purse-size Flacon of Coty Extract, in odors to match the face powder—at this special price, Make your selections early for they’ll sell quickly. S Styx D. C., SATURDAY, for the Urand Old Party to do, and that is to declare for that Constitu- tion and for its enforcement from one end of the land to the other.” Obedience to the law as it is written, the Idaho Senator sald, Is a fundamental principle of this Government, and “the Republican party is now called to meet such a doctrine by unhesitating confirmation of the eighteenth amendment and its enforcement.” Charge of Inconsistency. Senator Borah admitted it had haen said that he was Inconslstent because he advocated enforcement of the eighteenth amendment and did not advocate enforcement of the fourteenth and fifteenth amendments. “Well, they are greatly mistaken,” he said. “T am just as much in favor and would lend my humble effort just as thoroughly to the enforcement of the fourteenth and fifteenth amend- ments as T would to the enforcement of the eighteenth amendment to the Constitution of the United States.'™ The Senator asked and then an- swered the question: “What Is the plain duty of the Republican party in such a crisis?" “For myself,” he sald, “I would de- clare in language so plain that no man could misunderstand and no pub lic officlal misconstrue, in favor of the eighteenth amendment and its en- forcement. Power of Party. “T would put behind that expression all the prestige, all the power and all the leadership of a great party. I would put behind the fact not merely formality, but purpose and convic- tion. T would put behind it not mere lip-service of which we have had too much, but heart service, of which we have had too little.” To those who liked Dr. Sutler's talk of repeal, he said: “Let me say that the American peo- ple will never repeal the eighteenth amendment until its enforcement has had a fair trlal, and it has never had a fair trial” From the time of the adoption of the amendment, Senator Borah as- serted, Dr. Butler and other great leaders pledged their leadership to the destruction of the eighteenth amend- ment. He said it would be time enough for the Republican party to declare for repeal when it really has tried to enforce it. Repeal After Failure. “The people of the United States, after 50 years of fighting, wrote de- liberately into the Constitution of the United States this pledge,” he said. ‘A great majority of them belfeved that it means better citizens, better homes, better individuals and better national life, and be assured they will never repeal it until they are satisfled that its enforcement has had a fair trial and has utterly failed.” The Senator reminded the audience that the eighteenth amendment has been in force for only’ eight years. “Talk about putting through a great reform in eight years,” he said. “Look back over the history of reform and consider those which have had to do with the lives and habits of the people, and it has taken—not eight or 20 years—but centuries to effect these reforms. We are not going to sur- render in this fight after eight years of experience alone.” People Won't Sidestep. The Senator declared the Republi- can party, as Dr. Butler said, may sidestep the question of prohibition. The Democratic party may sidestep the question, but, he asserted, the people, who have a way of making ook APRIL 9, 1927. iasues, are not going to sidestep it In concluding, the Senator said he agreed with Dr. Butler. “The fight Is on,” he declared. “So far as I am concerned I do not care whether the question is in the Re. publican platform or not. It will be presented to the American people in the campalgn of 192§, “I am a Republean, and the Re. publican at last-although It sometimes hesitates—Nnally takes the right side of every question before the fight 1s over. And when it does take the right alde, it wiil be the side of constitutional government, 1t will take the side tn favor of the American home, and it does not make any dif ference how much fon of Inw there may he at this time, the Ameri- can people, In the end, will uphold and maintain the Constitution as it iy written.” Butler Opens Rebuttal. Dr. Butler, in opening his rebuttal, »ald the difference between himself and Senator Borah was limited sub stantially to one proposition—that he belleves the elghteenth amendment to be as germane to the Constitution of which it {s an amendment as those that have preceded it “I belleve it contradicts them all It is in the Constitution s a matter of law and it must be obeyed while it is there, but it is not binding upon my inteliigence or my consclence, and I ahall leave no stone unturned to get it out, with the conviction that Jf It vemains it will do the Government of the United States irreparable damage, that it will serve as a precedent for the devolopment of a new and étrange substitute for the Federal republic and that it will leave the problem of the control of the lquor trafic absolutely unsolved.” The amendment, he held, bears no resemblance to anything in the Con- stitution and ‘‘contradicts the whole theory on which the Constitution rests.” Appeal to People. “My appeal;” he said, “is to the people to take out of their Constitu- tion what T belicve should not be in it in order that we may move forward toward a constructive solution of this problem. T agree with Senator Borah that tinkering with the Volstead act | is puertle. Another difference between him and the Senator, Dr. Butler said, was that he drew a distinction which the Sena- tor apparently did not. Between con- trol of the liquor traffic and abolition of the saloon, on the one hand, and the attempt to bring about compulsory total abstinence on the other. “I believe the law to be not only impossible, but to be beyond the proper limits of law,” he said. “Teach law to mind its own business and liberty will do the rest. Total abstinence is different from temper- ance and both are fully different from compulsory total abstinence or pro- hibition.” Quebec Plan Success. The liquor traffic and saloons, he held, can be dealt with and from per- sonal study and observation of the Quebec plan he said he was astonished at the success of the interprise in dealing with the problem. “My own program, so far as I am entitled to have a program,” he said, “is never to permit the return of the sa. loon, but under Government control; leaving the details to be settled, not by the Federal Government—far from it— leaving the States as units in accord. ance with the wishes and desires of their several populations, to deal with the problem in a way that will lead to obedience, but that will reduce enforce- ment to a minimum, and that. will give us @ solution of this problem without | attacking asd. undermining our Gov- ernment, by bullding up at Washing- ton another great Federal bureauc- racy.” Cowardice and Hyprocrisy. Dr. Butler declared: “You are face to face with nullification every time u attempt by law, in advance of pub- spinion, to settle a question whether &rave or whether small, “And the pity of it all—and here 1 know the Senator and I are in agree. ment—is the cowardice, hypocrisy, the Iawlessness In high places—the men whe, with a smile upon their lips, vote and speak one way and drink an- other.” He concluded with a plea for men “whom the lust of office does not kill, men whom the spolls of office cannot buy, men who possess opinion and will. men who have horor, men who will not le.” Upshaw Is Rapped. The cry for enforcement in some quarters led to a comparison by Dr. Butler of the eighteenth and earlier amendments. “Do you realize,” he asked, “that the fiftéenth amendment deals with a fundamental right of citizenship and not a human being in all this land talks about enforcing it? It was in 1890, 1 think, when Henry Cabot Lodge, then a Representative in Con- gress from Massachusetts, Introduced the last bill to enforce that amend. ment. “1 observe that wome of our friends in the Senate and Ilouse from the South are much concerned about law enforcement. One of them, Congress- man Upshaw, who spent a great deal of his time in asking that I be de- ported—if you ask him to enforce the fifteenth amendment or the four- teenth, he would have paralysis. “Why, if we enforced the fourteenth and fifteenth amendments, that volu- ble gentleman, instead of occupying for some years a seat on the floor of the House of Representatives, would have been spraying a boll weevil on a Georgla cotton plantation.” Borah Opposes Control. Senator Borah was emphatic in de- erying government control. “We have been hesitating long down in Washington about government ownership of muscle shoals, but how simple and incidentai that would be in comparison with government manu- facture, sale and distribution of liquor to 120,000,000 people. “We have turned away from gov- ernment ownership of railroads, we have worrled and agonized over .a few government ships, we shuddered at the thought of government owner- ship of the coal mines, yet muscle shoals, railroads, ships and coal would not so test these institutions as gov- ernment control, manufacture and sale of intoxicating liquor.” LT IR AGAIN IN HOSPITAL. Lincoln Roberts, 50 years old, an as- sistant building inspector, who sus- ained head injuries Wednesday when struck by a board thrown from the roof of a structure at Albemarie street and Murdock Mill road, which he was inspecting, was taken to Providence Hospital today for observation and further treatment. The board was thrown accidentally by a workman. Roberts, whese home is at 2329 Green street southeast, was taken to Georgetown Hospital first and then sent home, but it was decided that his condition necessitated further attention. BORAH AND BUTLER DEBATE ADVANCES DRY ISSUE TO FORE (Continued from First Paga) wet into a dry State. but a dry State cannot saip its dr; e is to be fought platitudes.” a1 'a Repub'can, although many persons do not think: so.” ! Butler: “The attempt to dragoon the body twhen (he need e t5 eanvince the soui will end only in revolt.” Borah: “Liquor is & curse human f by law Says Republic Is In Danger. Dr. Butler contended Uit while ail previous amendments ere on matters already conalered by (R Constitution, the elghteenth was founded on matter quite apart, “If it remains it will do the Gov- ernment of the United States frrepar- able harm, it will serve for the prece- dent of a new and strange substitu‘e for the Federal republic, and it will leave the problem of the control of the liquor traffic absolutely unsolved.” Mr. Dorah countered with: “If ths Constitution of the United States as construed by the highest judicial tri bunal be disregarded, then there is for our people no rule of conduct, no order, no restraint, no protection, no stability, no government. Every man becomes a law unto himself and every faction that is strong enough becomes soverelgn. My position is that when a clause is placed in the Constitution, it is my dugy to uphold that Constitu- tion.” DARROW TO MEET WHEELER. “Effects of Prohibition on Presidential” Candidates” Topic. NEW YORK, April 9 (#).—Clarence Darrow and Wayne B. Wheeler will debate prohibition in Carnegie Hall April 23. The subject will be “Prohi- bition and Its Effects Upon 1928 Pres- idential Candidates. “COWBOY” PAYS AGAIN. NEW YORK, April 9 (P).—Fred- erick Almy, wealthy cattleman, called “the millionaire cowboy” who recently paid a flne when customs officials found two crates of liquor addressed to him in the suite of Arch Selwyn, theatrical producer, on board the Leviathan, was in further legal dif- ficulties yesterday. A judgment for $3,623 was obtained by Owen E. Moore, motion picture actor and1 former husband of Mary Pickford, who clalmed the amount was due him on a promissory nete, 3830 Garrison St. Sunday —the outstanding new-house value in Chevy Chase, D. C. ward & Lonthrop 10th, 11th, F and G Streets e I Announcing the Opening of Brocade Celanese, 40 inches wide $3.50 a yard ‘A New Section Devoted Entirely to Celanese and Rayon Fabrics An entirely new kind of fabric, Celanese, ranging in finish from the most brilliant y luster to completely flat dullness. Celanese is extremely serviceable—laun- ders beautifully—and is very reasonably priced. satin Because of the weaves, and the lovely silk- like qualities, these fabrics drape mag- nificently and are practically wrinkle- proof. Moire Celanese, 40 inches wide $4.50 a yard Twill-weave Celanese, 40 inches wide .25 a yard Satin-finish Celanese, 40 inches wide $2.75 a yard Radium Celanese, 40 inches wide $2.75 a yard Silk-and-Celanese Crepe 40 inches wide $2.75 a yard Chiffon Celanese, 40 $1.50 and $2.25 a yard Self-plaid Celanese, 40 inches wide $1.95 a yard Printed Celanese, 40 inches wide inches wide warm $1.95 a yard Printed Rayon, 36, 40 inches wide $1.65 a yard Silk-and-Rayon Mixture 40 inches wide $1.95 a yard Rayon, 40 inches wide' $1.50 and $1.75 a yard weather clothes. CeLANESS AND Rayon Sgcrion. Szcows Furoow. Included in this extensive collection are weaves and colors for almost every type of dress—for costume slips—negligees—even for draperies. Easy to make up, they afford you rare opportuni- ties to secure the distinctive, lovely things you desire—with astonishingly [ittle trouble and at a most reasonable cost. When Celanese is washed, it retains its silken luster—fast alike to sun, suds and perspiration — especially desirable for Rayons appear in lovely prints—in silk mixtures, and in all rayon—lovelier than ever before.