Evening Star Newspaper, November 16, 1932, Page 5

STRENGTH OF BEER DEPENDS ON COURT if Yest Case Anticipated Congress Modifies' Vol- stead Act. «aui(Continued Fro eonclusions of the court in this cele- brated case were comparatively brief— surprisingly so, in view of the tremend- ous importance of the case. They were confined to 11 points, the last of which bears most specifically on the hopes of the wets for beer. ‘On this point the Supreme Court said: “While recognizing that there are limits beyond which Congress cannot go in’ treating beverages as within its r of enforcement, we think those fimits are not transcended by the pro- vision of the Volstead act * * wherein liquors containing as much as one-half of 1 per cent of alcohol by volume and fit for use for beverage purposes are treated as within that ver.” This language is interpreted by con- stitutional lawyers of both wets and drys to leave the door open to the au- thority of Congress to increase the con- tent above one-half of 1 per cent—but the drys point with warning to the first words, where the court said there were “limits beyond which Congress cannot .” The difficulty now appears to be at no one knows where that limit §s. The court has never fixed it. Such an eminent authority, however, as Representative Beck of Pennsylvania, former Solicitor General of the United Btates, believes that real beer can be suthorized under the Constitution. December Meeting Planned. Officlals of the Anti-Saloon League, who are busy studying the whole legis- lative problem of beer, today pointed with significance to another part of the Supreme Court decision. The court said, in effect, that “the declaration in the prohibition amend- ment that Congress and the several States shall have concurrent power to enforce this article by appropriate leg- islation does not enable Congress or the several States to defeat or thwart the prohibition, but only to enforce it by appropriate means.” ‘The full program of the Anti-Saloon League in its battle against beer will be developed at & conference called to con- vene here during the opening week of the next session of Congress, in De- cember. In declaring against beer, F. Scott MeBride, general superintendent of the league, has already presented many ar- guments, but he has also admitted : “If the alcoholic content of legalized beer should be fixed at a point low enough to be lawful under the eighteenth amendment the demand would be in- sufficient to raise the anticipated reve- nue.” In this statement he has virtually foreseen the prospects of low-powered beer, but he goes on to say that “the experience of Canada with 4.4 beer demonstrated that drinkers will not chase beer with a low alcoholic con- nt sold at a high price. They will either buy untaxed near-beer at & low ice m:.hlcher-powered beer from boot- Onu&.he gther hand, what kind of ‘beer being al expect 4 the wets? . 2.75 Beer Sought. The figure “2.75 beer” has been the most_generally used. It is the figure included in most of the beer bills, and has ed - for “been campAED through Labor’s National Committee for Modifi- cation of the Volstead act. This is omewhat weaker than thé commercial T of pre-prohibition days, according o Government chemists. One of the clearest expositions of this kind of 2.75 beer as a hope was made by Representative Dyer of Mis- souri, appearing before the so-called | Wickersham law enforcement commis- on. Explaining his bill for 275 beer, Dyer said, in part: “Under title 1 of | the national prohibition act any beer, whether manufactured inside or out- side the home, is unlawful if it contains | &s much as one-half of 1 per cent of | alcohol, but millions of householders are today minufacturing. beer = containing from 4 to 6 per cent of alcohol on the theory that, if it is legal to manufacture ‘wines and ciders in the home, it ought not to be illegal to manufacture beer | of a much less alcoholic content. How- | ever, under a strict construction of the| law, there is no doubt that it is unlaw- | ful to manufacture beer in the home if | it contains as much as one-hilf of 1 per cent of alcohol, although it is not unlawful to manufacture wines and | ciders containing 10 to 20 times that| amount of alcohol. “The Federal Prohibition Bureau. claimed Dyer, “has not made any seri- ous effort to interfere with the manu- facture of beer in the home, probably upon the theory that it would be highly incorsistent to arrest and prosecute householders for the violation of the national prohibition act for making beer of a lesser alcohclic content than wines and ciders, the legality of which is fully recognized under the provisions of sec- tion 29 (Volstead act). Jury Verdict Requireds "Under the national prohibition law | 88 it now stands,” said Dyer, “any bev- | erage containing as much as one half | of 1 per cent of alcobol, not manufac- | tured in the home, is an intoxicating liquor in violation of the law, but un-| der section 29 it is entirely legal to| manufacture in the home cider and non-intoxicating frult jufees; in other words, wines, regardless’ of their alco- holic content. The Prohibition Bureau | In its instructions to prohibition agents | states that the ciders and fruit juices manufactured under section 29 of the| Volstead act do not have to conform | to the one-half of 1 per cent standard in Title I of the law, but may contain alcohol in excess of that amount. The amount of alcohol by which these bev- erages so manufactured may exceed the one-half of 1 per cent standard before they become intoxicating in fgct can EXCURSIONS $3.50 New York Newark Elizabeth—Plainfield . Sunday, November 20 Washington 12:01 midnight or . M. Return same day. " $3.00 Philadelphia $3.00 Chester $2.75 Wilmington Sunday, November 27 $1.50 Harpers ¥e $2.00 Martineburg $3.00 Camberland Su Leave Washington §:25 Return same day. Baltimore 25 Satutdays and Sundays. 50/ daily. Good for 3 days n/ Reduct n_ Round Trip “0 Fares to n:!‘ F'n‘ ©. points. y noon to midnight Saturd, untll midnight’ Monday. CHINESE elm was dedicated on Park View Playground last night at exercises attended by leading | citizens of the community, school officials and representa- tives of civic organizations. John Marshall Gibbs of the District Bicentennial Commission made the principal address. The tree and marker were presented by Mrs. P. B. Asburn, president of the Women's Club, and were accepted by Miss Sibyl Baker, su- pervisor of the playgrounds. The program included an invocation Dedicate Tree at Park View CHINESE ELM PRESENTED BY WOMEN'S CLUB HEAD. Miss Sibyl Baker, supervisor of playgrounds, is shown planting a Chinese | elm at exercises last night on Park View Playground. Next to her, left to right, is Mrs, Harvey Haun, president of the Parent-Teacher Association; George E. Frech, acting president of the Park View Citizens’ Association; John Marshall Gibbs of the District Bicentennial Commissio Park View Playground; Miss Emily Scrivener, Qrincipal of Park View Platoon School; Mrs. P. B. Ashburn and Mrs. W. H. Wagner. —S Miss Emily Tilton, director of tar Staff Photo. by Rev. Walter F. Smith, a vocal selec- | tion, “The Trees,” by Mrs. W. H. Wag- | mer; bugle solos by Willlam Day, and & | brief address by John 8. Cole, District Boy Scout official. Others participating were Miss Emily Scrivener, principal of Park View Pla- toon School; Miss Frances Cooper, sec- retary of the Community Center; Mrs. | Harvey Haun, president of the Parent- | Teacher Association, and George E. | Prech, acting president of the Park View | Citizens' Association. be determined only by a jury in a court of law. The Prohibition Burea has no authority to say that such bev- erages containing 3, 5, 10 or 50 per cent of alcohol are intoxicating. The only method by which the Federal Gov- ernment under this provision of the law can determine whether such bev- erages are Intoxicating is to institute lwprooecdmg and submit the question Representative John Philip Hill, tried in the Federal Court at Baltimore, the jury held that his 12 per cent home- made wine was non-intoxicating. The Federal Government has not brought another case; therefore, under the law as it now operates millions of house- holders are manufacturing wines and ciders in their homes regardless of their alcoholic content. Federal prohibtion law es it stands to- day there are two widely divergent, if cating liquors—one in specific terms defining an intoxicant as any beverage containing &s much as one-half of 1 per cent of alcohol and the other so indefinite that only a jury in a court| of law can determine what. constitutes an intoxicating liquor.” Defining Intoxication. On this question of intoxication scientists are widely divided, as was apparent at hearings on beer bills be- fore the Senate subcommittee of the Committee on Manufacturers last Win- ter. This testimony shows the difficulty in defining intoxication. Matthew Woll, vice president of the American Federation of Labor, inf thor of a “Diagnosis of Internal Medi- cine,” which said “Alcohol, like fever, may be said to be a measure of cerebral resistance. The unstable predisposed individual becomes intoxicated much | more readily than the normal person.” Woll quoted Dr. William Osler, famous physician, as saying: “One of the most powerful enemies of the American stomach in the present day is the soda-water fountain, which has usurped s important a place in the apothecary 0p.” For the drys, Dr. Arthur D. Bevan of Chicago testified to the harm from alcohol, declaring that in “Osler's six- volume book on modern medicine, written by & hundred of the best au- thorities in this country and in Can- Famous Lido Deck, Apply Local Agent or One State Street, New York ITALIAN LINE CLEAR EVYES . the answer is: Internal Cleanliness Intestinal stoppage, com- monly known as constipation, is the cause of 80% of all human ills, say many famous doctors. - Thousands feel and look old before ““their time,” often because of personal neglect. 1 you are not fe want to regain your me energy and really feel good again, follow this_simple, pleasant method of nishing constipation. Take one little' E-Z' Tablet ‘when- ever you feel sluggish, full of cold, “headachy.” constipated or bilious. It quickly settles upset stomach, banishes coated tongue and livens lazy liver. cleanses and sweetens the bowels. E-Z Tablets gently but surely and a jury. “In the celebrated case of former! not conflicting, definitions of intoxi-| Lodo allthe s TUS sunny possage ‘Southern Route. also pool. Stop-over privilege ot COSULICH LINER ojipons. SATURNIA Guiue DEC. 6 Lot VIGOR a7 60 Keep your system free of L;‘z'r,uh-,'-'fl liver aid you ever used. ada, there is very little evidence any- where in this six volumes of the use of | alcohol as a therapeutic agent of value. On the other hand, in the index there are 80 references to the injurious ef- fect of alcohol. Dr. Bevan estimated | that “about three quarts of beer would | | be intoxicating.” |_ On the other hand, Dr. William F. |Lorenz of the University of Wisconsin ‘tolfl 0oté)e committee he regarded beer as a “I regard beer as a food and a good beverage and not intoxicating in the amounts that one could—" Here he was interrupted by Senator Hatfield with the question: “What per cent would you consider non-intoxi- cating?” | “I am not familiar with the percen- |tage of alcohol in beer,” replied Dr.| Lorenz, “but ranging somewhere around | 3 or 4 per cent.” “How much, in your opinion, could | {the human stomach comfortably hold |in the way of fluid, such as beer, say?” queried Senator Hatfleld. Not Regarded Intoxicating. “Well,” answered the doctor, “jt de- pends upon the stomach, I should say.” Asked if the intoxication from beer, on a six-pint ration, would be_ suffi- | clent to call it intoxicating, Dr. Lchnzl replied: “No, I ¢o not think it is in- | | toxicating. | toxicating.’ Thus, it is pointed out by lawyers who have carefully studied the consti- tutional phases of the beer question, { that the “toxicability” of the proposed beer presents questions which no doubt | will lead through long litigation to the | Supreme Court of the United States| | again before there is any possibility of | Tepeal of the eighteenth amendment. | How these questions will reach the| | highest tribunal is not clear yet, either | to the wets or the drys. If the prohi- | bition enforcement officials to be ap- | pointed by wet President-elect Roose- velt do not take these cases to the courts, the drys claim they can find | a way to test their constitutionality. | Much, no doubt, will be heard in the | | near future of the two different ways | of measuring the alcoholic content of | beer. As explained by Dr. James M. Doran, former - prohibition commis- sioner, now head of the Bureau of In- | dustrial Alcohol, and himself a chem- | ist, the well known 2.75 per cent is the | measurement by weight, which figures | out about 3.44 per cent by volume. | Beer before prohibition, Dr. Doran ex- plained, had about 4 to 4.1 per cent I do not regard it as in- NOV.26 to All Europe 184 5 . . YOUTHFUL open-air PALERMO CLASS safely drive out all accumulated food wastes that clog the intestinal tract, by volume. Homemade beer contains from 5 to 6 per cent usually by volume, he sdid. Some of the beer bills in the past Congress called for 2.75 by weight, which would be 3.44 by volume, while one called for 32 by weight, which would be about 4.00 by volume. ‘The Crusaders, wet militant organiza- tion, are fully convinced that when beer arrives, as they expect it to under the Constitution, it can be sold without question in the District of Columbia. A study of the situation has convincéd him, said Rufus Lusk, secretary of the Crusaders, that no previous legislation would prevent the sale here of what ever kind of beer Congress would au- 5,000,000 Gallons More ~t Available for Bottling From 1933 to 1936. By the Assoclated Press. On hand in the United States a plus nearly 5,000,000 gallons of produced whisky, which will be av ent are 5,695,000 gallons of aged whisky, for bottling between the Fall of 1933 THE EVENING STAR. WASHINGTON, D. 'C., WEDNESDAY, NOVEMBER 16, 1932.° U. S. SUPPLY OF LIQUOR 1S 5,695,000 GALLONS o Be t pres- newly ailable thorize. LOYAL CUSTOMER-PATRONAGE FOR THE PAST YEAR IS THE and the Spring of 1936. FURR COATS Cute. ! ting styles . models with ‘perky brims! _Black and high_colors. $1 Foulard Dresses For women; also vat dyed prints; short P s sleeves; sizes 36 to 46. Middies, Gym Suits White jean middies; vat dyed blue gym for suits; sizes 6 to 20. 59¢ Wool Tint U. Suits A | & Oxfords Ties heels; sizes 4 to Boys’ 39c Fall Suits o U 1 Rayon stripe; ord. trimy | 4 steeveless; knee T e T ey length; sizes 36 to 50. 3-pc. Brushed Wool Sets isweater, leggins and cap; pink, blue, green, tan and white; sizes 6 mcmhsvs to 1 year. Maids’ Uniforms Made of blue cham- bray; white collars 2 s and cuffs; sizes 36 to for Reg. $1.59 Brocade Pinch pleated: 2V, yds. long; red, blue, green, orchid, rose. 79¢ Crepe Gowns “Windsor” Crepe; Lace Yoke Satin Gowns Splendidly made; full cut; 31 lace yokes and edgings; pink, tea rose. 7 to 10 Yr. Girls’ Frocks w31 for S e————— Slip-Over Jackets tor 31 79c Jersey Leggins o e, 91 Jersey Zipper Suits 51 15¢ Cannon Towels For little tots, 2 to 6 10 for s1 Smart styles: vat- dyed prints: thr quarter sieeves; well made. Boys or girls, 10 to 16 yrs. Made of suede cloth; elastic walst; sleeveless. years. Snow pants, helmet and jacket: button fronts. Double thread; PER- FECT: size 20x40 ins. lace trim or floral 2 s Colored borders. yoke; white, pink, for Feacs. 39c Brocade Drapery Yard wide; guaranteed fast colors; for drapes and cushions. 5 Extra Size Gowns yds. For women; hand- embroidered and ap- 3 plltqued; extra full for cut. 45-In. Filet Curtain Panels $ Straight or scal- loped, 3-in. fringed bottoms; 25 de- 51 $1.50 Table qlothl Hemstitched damas 3 yds. long; 58 in. wid linen finish. White or colored borders. $2 Luncheon Sets ‘Table cloth, 58x72- ins.; napkins, 17 in.; mercerized damask; permanent linen finish. . 39¢ Floor Covering Two yards wide; full s 1 rolis from which to se- lect; 10 attractive, new %S yds. Dpatterns. 49¢c Hall Runmers yet they mever cramp, upset or 2 eeaken you. - ML ey : 8c Unbleached Muslin by druggists everywhere. Felt base: ‘heavy , : Keep clean inside and iou'll look weight; PERFECT b gy g 20 s well, outside. Clear, sparkling_eyes quality; full 24 inches yds, eyt el aige ok and youthful vigor come from within. wide. x home uses. Y 60LITTLE atter with nicest bowel and 39¢ Window Shades 1 Up to $2.00 Toys Doll Carriages and Sulkies; Metal Scooter: and Walkin Ovaque; 3x6 feet; 4 fEonascy ""nfl'-hfi'r"'i,f. hoes Suede, l-(afl‘orl and Patent Leather; all height All New Fall Styles Much of this represents whisky being produced for medicinal purpases. Brandy in bond in September of this year amounted to slightly more than 1,000,000 gallons, and wines in bonded wineries and storerooms last June 30 totaled 18,659,000 ‘gallons. Government officials said yesterday that beer produced for the cereal bever- age trade, but as yet underalcoholized, amounts to 25,000,000 barrels. In Nikko, Japan, there is a mountain | clustered with temples, shrines and| mausolea from the base to the summit. Six thousand men working for 12 years By the Associated Press. carried out the stupendous work of art at & cost of $10,000,000. 1316 - 1328 SEVENTH ST.NW. A Little Further Up The Stree/—But Every Ste, ED , at for Straps 9. Kiddies’ Bath Robes Genuine “Beacon” cloth; s colorful patterns; cord l belted sizes 7 to 14 years. ! $ $1-Baby’s Wear-*1 Here Is a List of Outstanding || * Values That Should Interest Every Mothe Rayon Taffeta Coats .. Sweater, Legging and Cap Sef Hemmed Diapers (30x30)..1 Rayon Taffeta Dresses......2for §1 Handmade & Emb. Dresses. . .2 for §1 2 for $1 .2 for $1 2 for $1 Handmade Gertrudes .. All-Wool Shawls (24x36) Handmade Gowns ... Rayon Taffeta Bonnets Stoekinett Sheets (21x36). Quilted Pads (27x40)... Birdeye Diapers (20x20) Pepperell Blankets ... Poplin Dresses (1 to 3). Rubber Sheets (42x50). Colored Border Sheets street smart rough weaves...in hes CRUDE SWORD REVEALS a MURDER AND SUICIDE | Poiice said this weapon was used by Erdlin, T2-year-old recluse Men | farmer, to kill John Geid | hand, ‘'and then himself. | investigators had been unable to find Mysterious Deaths of Two Are Solved by Discovery of Refashioned Saw. , Pa., November 16.—The | discovery of a crudely made sword, 18 | a river bed. dress or Cut glass decanter 6 “night-cap” and *“ opener” glasses. 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Reg. 15¢ “Hill” Muslin Full bleached; fine, 10 s soft finish; every piece i bears the label. yds. $1 Priscilla Curtains Fine marquisette, 2% yds. long. 60" in. wide; sun- fast quality. | 79c Bed Pillows Feather filled; size 2 sl 21x27 in. Feather- proof striped ticking for covered. Wool _tint: Dutch neck: elbow ' sleeves; knee or ankle length: 38 to 44. 2 for 5] Women’s $1 Union Suits 51 $2 Colonial Spreads 81x105 ins. Covers bed and pillows; beautiful pastel shades. 59c Table Cloths Mercerized damask; sizes Bdx linen finish; 54 and 36x36 inches. Perfect quality; 3x6 ft. - Eeru. green and White; wih: fistures. 3 for handles; black and all colors. 50c Window Shades 51 3 for Gauntlet or short styles chrome-tanned horsehide; all sizes. (Basement.) Men’s Work Gloves 2 pis. Boys’ 28c Blouses i 4 ) 51 51 51 l blade. John C. inches long, fashioged from an old saw A-S farm the , 30, & Earlier, the instrument used in the crime. Geld's body was dismembered and the head and limbs were two stoves, one in Erdlin's and the other in the tool house in his strange deaths of two men, whose | barnyard, police found evidence of an bodies were found 18 hours apart in | the woods near Rere, were believed | thr { Geid. attempt by the slayer to burn the Erdlin was found dead, oat slashed, about 150 feet solved by police last night with the | where the torso of Geld was found in Tarm fouse from HARING THANKSGIVING TURKEYS— —will be distributed to Kauf- man’s friends and customers on Wednesday, November 23, beginning at 10 AM. NO PURCHASE OF ANY KIND is required in order to partici- pate in this contest. Ask any of our salespeople or call LORA LEE for complete de- tails, North 5480. $1.69 Double-Bed "Boys’ 50c Shirts Plain and fancy, color-fast broadcloth; 3 PERFECT; sizes 10 10 for Boys’ Wool Sweaters Pull-over style; with vee necks; ]Hllnf colors; 6 to 15 with _con- warm; trast belt cords. 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