Evening Star Newspaper, December 21, 1932, Page 5

v 3 BEER BILL NS FIRST SKIRMISHES : House Turns Down -Amend- ment to Strike Out En- acting Clause. (Continued From_First Page.) would have killed the beer bill without further delay. While the result of this vote does not necessarily mean the passage of the Collier beer bill by the House, since the bil still is open to amendment, it would indicate that it would receive the approval of the House, The first amendment proposed to the beer bill today was offered by Repre- sentative O'Cormor. He proposed that Congress should declare that the beer authorized under the bill is “not in- toxicating in effect.” Representative Treadway of Massa- chusetts asked if Mr. O'Connor believed that his amendment would have any bearing on an opinion of the Supreme Court 3s to the constitutionality of the beer bill. “Yes, I do,” replied Mr. O’'Connor. He said that a declaration by the New York Legislature regarding the rent law had had its influence on the deci- sion of the Supreme Court, which up- held that law. Mapes Offers Laugh. Representative Blanton of Texas, a dry, told the House that in his opinion 1t would be both hypocritical and ridic- ulous to write into this bill that the pro- posed beer was non-intoxicating. Representative Mapes of Michigan, an ardent dry, gave the House a good laugh when he offered as an amend- ment to the O'Connor amendment a roposal which declared that beer has he same ingredients as milk. During the debate yesterday Repre- sentative Sirovich argued at length to show that beer and milk had the same ingredients. “There would be just as much logic,” said Mr. Mapes, “in declaring that beer and milk had the same ingredients as to declare that this proposed beer is non-intoxicating.” The Mapes amendment was shouted down by the House. The amendment offered by Repre- sentative O'Connor of New York, de- claring the proposed beer not intox- icating in fact, also was defeated on a vive voce vote. Mr. O'Connor had urged edoption of his amendment by Infuence of the Supreme Court in de- ciding the constitutionality of the beer bill. Beck Opposes Amendment. Representative Beck of Pennsylvania, another wet, told the House he did not | belicve the amendment necessary. An amendment offered by Repre- sentative La Guardia of New York would have made wine of 3.2 per cent alcoholic content legal as well as beer. Representative Collier, chairman of the Ways and Means Committee, imMe- diately made a point of order aganst the amendment on the ground that it was not germaine. Representative Bankhead of Alabama, in the chair, upheld the point of order and the La Guardia amendment was disregarded. The next amendment was offered by Representative Palmisano of Maryland, | ‘who proposed to reduce the tax from $5 a barrel on beer to $3 a barrel. He argued that beer was to be the drink of the poor man and that to levy a high | tax would so increase the price that the | poor man could not buy it. | Defeated by Viva Voce Vote. The Palmisano amendment was de- feated on a viva voce vote. , i Representative Michener offered an amendment reducing the alcoholic | content from 3.2 per cent to 2.75 | per cent. Michener said the House | had just gone on record as rerusing| to declare in the beer bill that 3.2 per_cent beer is non-intoxicating when it defeated the O’'Connor amendment. “This action of the House at least Taises the question,” said Michener, “as to whether 32 per cent beer is intoxi- cating. 1 beileve that my amendment reducing the alcoholic content to 2.75 per cent is justified under the circum- &tances.” Advocates of legalization of ‘“non- | Intoxicating” beer, and some who are| not so particular whether it is intoxi- cating or not, insist the measure will pass. ' The opponents of the bill are| hopeful that because of divisions of | opinion among the wets themselves, the bill may fail in the end. | With' the general debate—six hours of 1t—out of the way, the House soon after it met today took the beer bili up under the “5-minute” rule. Mem- bers have the right to speak for 5 minutes under this rule on any amend- ment that may be proposed. Despite the efforts of those who wish an early vote on the measure this kind of debate may run for a long time. Regulation Is Sought. “The proposed amendments to the bill take at least two main lines. One would | reduce the alcoholic content from 3.2 per cent by weight or practically 4 per cent by volume to 2.75 per cent by | weight, or even less. The other group | of amendments would provide for some | method of regulation of the sale of the beer, going in some cases to the extent of banning its sale in anything that | might resemble the old saloon. ‘The bill as it now stands makes no effort whatever at regulation of the sale of the beer, except that it does make a play at protecting “dry” States and the District of Columbia from an invasion of beer from the wetter ter- Titory outside. Representative La Guardia will make a fight to see that some method of strict regulation relating to the sale of the beer be adopted. He does not want, he says, to see a ,10-year fight against the eighteenth amendment spoiled at the last moment by ill-considered legislation to modify the Volstead act. La Guardia wants to require States that have repealed their prohibition enforcement laws to take affirmative ac- 'HE EVENING STAR, WASHINGTON, D Largest Roller Dam Under Construction MISSISSIPPI RIVER PROJECT HALF COMPLETED. P ) o the main lock of the dam’s dual construction of one of the dam's controls. plers is shown at lower left. completed stage in the Mississipp! River at Davenport, Iowa. The picture at top looks into the 600-foot lane of HE world's largest roller dam, a major project in the Government’s canalization program, has reached the half- Segments of giant roller gates are being set in place (lower right), and —A. P. Photos. contended, would require the States to; enact legislation for the distribution of beer. Wants to Provide Time. The States should have time, he holds, to re-enact their enforcement and regu- latory laws in order to be in full con- :iml of the situation within their bor- ers. Representative Vinson of Kentucky plans to offer an amendment to pro- hibit the return of the saloon. On the other hand, Representative Schafer of Wisconsin. a wet, proposes to have the House strike from the beer bill the pro- visions intended to give protection to the dry States, on the ground that there no reason for protecting States against a beverage which the Congress proposes to declare non-intoxicating. The test over prohibition today is the second in the House in little more than two weeks. On the first test, a resolution for straight-out repeal of the eighteenth amendment. the wets lost by a narrow margin, failing to obtain the necessary two-thirds vote for a constitutional amendment.* ‘There is a good deal of lukewarmness on the part of some of the wets to the beer bill because they feel its passage might retard favorable action to repeal the eighteenth amendment. On the other hand, the beer bill attracts sup- port because it is a revenue-producin measure and might help balance the budget. = Even though the beer bill. in one form or another, passes the House, it must still run the gantlet of the Senate and of a presidential veto. A presidential veto has been predicted in informed quarters, although President Hoover has made no formal declaration regarding the matter. WINE REGARDED AS LOST. No Hope Seen for Making It Legal This Session. By the Associated Press. Apparently abandoning temporarily their efforts to secure legalization of wine at this session, members of the wine bloc said it was useless to Lropose an amendment to the beer bill. Repre- sentative Lea, Democrat. of California, head of tiie group, sald efforts would be renewed in the next Congress in the event the Senate does not include wine. Members cf the Republican wet bloc met behind closed doors in an effort to get an agreement on amendments to be offered, but were unsuccessful in all but one instance. They did agree to oppose any attempt to cut the alcohclic content to 275 per cent, | hose present—about 50—agreed to | support the Collier bill, however. Reprecentative O'Connor, Democrat,y of New York, co-author of the O'Connor- Hull beer bill defeated in the last session, 228 to 169, had a dozen amend- ments,” including one to increase the Federal tax from $5 to $7.50 & barrel and another to prohibit the use of im- ported materials in the manufacture of er. Dry Spokesmen on Hand. ‘These proposed amendments were dis- cussed by the Republican wet bloc, but Representative Andrew, Republican, ot Massachusetts, the first to leave the | secret session, declared “they are not | having much luck in getting together.” Stirred by the prcgress already made toward modification of the Voistead law, dry organizations again had| spokesmen active in corridors of the House side of the Capitol and state- ments of their attitude were being dis- tributed. On leaving the meeting of the Re- publican wet bloc, Representative Wil- liam E. Hull qf Illinois, who presided, said, “we did not agree on amendments to be offered, but we did agree to sup- port the bill on the final vote.” The Republicans mustered 103 votes for the Garner flat repeal resolution on the first day of Congress, more than 90 of whom were members of the wet bloc. Personalities Exchanged. The debate yesterday rang through the crowded chamber for six hours, with personalities freely ~exchanged and party lines disregarded. ¢ tion toward legalizing beer. This, he Into the stormy arguments was tossed g | Peo] the question of what President Hoover would do should the measure reach him for signing. While that question was not finally and officially answered, members recalled privately that word has circulated that the Chief Executive was not favorably inclined to modifica- tion proposals at this time. Even should the necessary majority be mustered to pass the bill in the House, Democratic leaders who have made legalization and taxation of beer one of the important points on their legislative program for the short ses- sion, concege approval by the Senate is highly debatable. Much of the argument yesterday swirled around the amount of revenue which might be derived, with wets giv- ing an estimate of as high as $300,000,- 000 and the drys placing the figure as low as $75.000,000. Mandates Are Argued. One clash that had the members on the edge of their chairs came between Representative Mouser, Republican. Ohio, an ardent prohibitionist, and Representative Britten, ~Republican, Ilinois, an_avowed repealist. e you force this beer bill through prior to a repeal of the eighteenth amendment,” Mouser shouted, “you are forgetting the mandate of the American le.” "'g'he Democrats have a mandate tco, | the mandate of their platform to pro- vide a non-intgxlclfl.nx beverage,” Brit- ten interrupted. “That's the trouble with the gentle- man,” Mouser explained. “He's follow- ing the Democratic mandate, but not the mandate of good sense.” Britten jumped up and yelled: “Yes, and the trouble with the gen- tleman from Ohio is that he has gone daffy. He has become a bigot. Thats fanaticism, intolerance, bigotry. The reason you and others won't be here next term is because of your fanaticism on this issue.” Upshaw Is Rebuked. 1 William D. Upshaw, candidate for President_on_the Prohibition ticket at the last election. was rebuked by Bank- head when he loudly applauded state” | ments of Representative zanham, Dem- ocrat, of Texas, against the bill. Up- shaw has the privilege of the floor as a former member from Georgia, This) privilege does not carry the right to be heard. ‘After taking a leading part in the fight | against the bill, Representative Tarver, | Democrat, of Georgia, called it “a legis- | lative falsehood,” and said any House | member who voted for it was saying | that beer of one-half of 1 per cent and | of 3.2 per cent alcohol “are the same.” “If this beer isn't intoxicating, there in the country who wants sn't a wet in ry it, if 1t is, it violates the constitution.” Tarver said he was reliably informed that Levi Cooke, Washington represent- ative. of a brewers' association, “had a part in drafting this bill™ “The main objective of this bill,” Representative Stafford, Republican, Wisconsin, said, “is to stamp out of the national enforcement act the legislative lie that everything of more than one- half of 1 per cent alcohol is intoxicat- ing.” Holds Canada Has Failed, ! Representative Guyer, Republican, of | Kansas, asserted that legalized beer | would not stop bootlegging, and said | Canada had found its dispensary sys- | tem failed to stop illicit trade. | “My constituents do not believe and I do not believe prohibition has had a fair trial,” Guyer said. “I say it with reticence, but I do not believe my party has properly enforced this law. “No liquor law ever was enforced. To An_Economical Xmas Gift TODAY. Thursday, Friday and Xmas Eve Why Pay? $5 for a pen and pencil set when you can buy one Guaranteed For Life for 99c The EARLE DRUG CO. These Walk-Over Step-in Models —are meeting instant fame for not only their styles, but the distinctive new and swagger last . one cannot help to notice these slender straps which adjust them to the foot and held with attractive patented buckles. They come in black or calf suede tongue. Modestly rriced. $9. WOLFS WALK-OVYER 929 F St. N.W. 13th & E STS. N.W. 'WASHINGTON, D. C. BN e —— Single Pen 9 - 10 am. to 9 pm. A Factory Sale Fy in order to advertise the pen. time comb. feed. Beautiful assort- ment of colors. Sml{llflzeu for Add 6 cents for postage. Mail Orders Filled Written Guarantee with Each Pen Name .. . get the $300,000,000 estimated Tevenue on a 10-cent-a-glass basis will take $2,160,000,000 out of legitimate channels of trade. “How can you justify your vote to- day? A million eyes are on you. Wait until two years from now and see what volcanic fires break out in this country if you pass this bill. There will be an immense revulsion of sentiment.” Representative Schafer challenged the Democrats to say what percentage of alcohol was meant by the Demo- cratic platform. “I favor this bill because it will give revenue, employ people now out of work and provide another use for surplus farm products,” Schafer said. Holds Bill Is Nullification. Representative Whittington, Demo- crat, of Mississippl, said: “I shall op- pose the bill because, in my judgment, it amounts to nullification, and Con- gress is without the power to do this.™ Representative Hope, Republican, of Kansas, assailed the bill as “a saloon bill, a brewers’ bill, written by the brew- ers. Representative Cooper, Democrat, of Tennessee, a member of the Ways and Means Cogimittee, said: “Taking all the evidence into consideration, I am clearly of the opinion the proposed bill is in violation of the Constitution of the United States. This bill is exactly what is requested by the brewer.” Representative Sweeney, Democrat, of Ohio, in support of the measure, said “it is the beginning of the end of pro- hibition.” Cites Experience as Judge. He said that while he was a judge in Cleveland, in 1929, thousands of per- sons were brought before his court charged with intoxication and they told hum if wholesale beer were available they would not resort to bootleg liquors. Representative Stalker of New York, Republican, co-author of the Jones- Stalker “five-and-ten” prohibition en- forcement law. admonished the House: “Let us not bootleg the Constitution.” ‘The opinion that “it will cost as much to enforce this law as it will ever pro- duce in revenues: was expr = o Representative Glover, Democrat, Arkansas. He added that “75 per cent of the drunks” who appeared in his court when he was prosecuting attorney in Arkansas “got drunk on beer.” Representative Hawley of Oregon, Fannie May 1010 E St. N.W. 3305 14th St. N.W. Address .. WEDNESDAY, BREWERY LAWYERS PREPARE FOR FIGHT Early Test of Constitutional- ity Expected Whatever, the Legislation. . By the Associated Press. Those in the wet ranks well versed in the law are ready to lay firm hands on any barrel of real beer Congress allows and attempt to carry it through the Su- preme Court to constitutional safety. Whether a bill legalizing beer passes the present session of Congress or later, 1awyers for the brewers believe they can meet any attacks upon it by attorneys for_prohibitionists. | Eaward B. Dunford, general counsel of the Anti-Saloon League, expressed the opinion yesterday that “some method” would be found whereby the constitu- tionality of beer legislation could be tested before the Supreme Court. Opinion on Other Side. On the other side is the opinion of Levi Cooke, general counsel for the United States Brewers’ Association, who said today: “It is difficult to conceive how a case ; at law or in equity could be devised whereby, through the action of any Federal authority, an act of Congress in line with the Collier (beer) bill could be brought to test before the Supreme Court of the United States.” Referring to the Collier bill, Cooke said he knew of no attorney represent- ing any brewing interest who was “con- | cerned over the validity” of the measure the House is now debating. “I know of none who would hesitate, virtue of any legal concepts in- volved,” he continued, “to meet any kind of framed litigation testing the validity of the proposed congressional enactment.” Celebrated Muskrat Case. ‘To support his contention of congres- sional prerogative in increasing the al- coholic_content of beer, Cooke cited a | decisfon of the late Justice Day of the Supreme Court in the celebrated Musk- rat case. In that case Day ruled the exercise by the court of passing on the validity of congressional enactments | was “not given to it as a body over the | action of Congress, but because the | rights of the litigants in justiclable controversies require the court to choose between the fundamental law and a law purporting to be enacted within consti- | tutional authority, but in fact beyond the power delegated to the legislative branch of the Government.” Cooke said he considered it “difficult to imagine” a case under the proposed beer legislation which would fall within the Day decision. ranking_Republican on the Ways and Means Committee, said the beer of pre- prohibition days was intoxicating. “I've seen kegs of beer taken on pic- nics and young men became intoxi- cated,” Hawley said. “I have every reason to believe the beer in this bill is intoxicating in fact. “It would bring back 90 per cent of the liquor traffic in the country on the basis of 1914 sales of intoxicants. **Alcohol has an affinity for the brain It slows up the activity of that organ and interferes with the motor reflexes. A person driving a car will fail to re- act properly. To impair the use of our | highways in order to enable a few people to make a great profit is a backward | step in our development.” Representative Cox, Democrat, of Georgia, said the effect of the bill would be “to circumvent and defeat the Con- stitution of our Government.” “The question,” Representative Maas, Republican, of Minnesota, told the House, “Is whether we are going to take the revenue from the sale of beer for the Government or going to let the bootleggers have it.” Interrupting the applause that fol- lowed this remark, he said “legalization of beer will divert considerable drinking vay from hard liquors.” ‘Aiter Upshaw left the floor following his reprimand, he issued a statement in which he said: “I did not know that a former mem- ber had uz llt.. t.he_re nErz the floor like a sphinx. very good sport among the wets on the floor was out- Taged at this effort to embarrass a for- mer colleague. But that is liquor. | Whether a man drinks it or thinks it. |the effect is always either devilish or foolish.” All Fannie May Candies Made Fresh Daily in Our Own Kitchen Here in Washington Candy Mailed Everywhere, Insured Free Candy Shops 1406 N Y. Ave. N.W. 1704 Pa. Ave. N.W, 135 F St. N.W. DECEMBER 21, 1932. Music and Musicians Reviews and News of Capital's Programs. Leopold Stokowski Thanks His Audience. EOPOLD STOKOWSKI took the opportunity which the final enthusiastic _applause for the program of the Phila- delphia Orchestra con last evening at Constitution Hall gnvehlmwthankuwludlenceln is turn. He sald that the warmth and understanding that had been shown were of greatencourage- Wi ington riusic lovers for their impartial inter- est in both clas- sic and modern musie. In rec- ognition of their kindness and in order that he and his orches- tra might give a Christmas greeting, he asked permis- sll?in \‘: plny‘ an 5. O ussian Leopold Stokowsk! o ‘The delight which applauded the announcement and the rendition was tpical of the atmosphere of the evening. The audience followed with pleasure the program, which was equally divided between the Iyric and the dramatic, and in which fantasy of subject predominated. Mr, Stokowski once again towered supreme over his orchestra in the four excerpts from Wagner's “Sieg- fried.” His very special understand- ing of Wagner made each shade of interpretation stand out in clear re- lief, and he worked up the climaxes with freedom and wealth of sound. Against the set rules, the audience interrupted certain sequences with spontaneous applause, which Mr. Stokowski was forced to stop and ac- knowledge and, after the final note, he was recalled several times. It is not often that an opportunity is given to hear lyric compositions under Stokowski's directing, whose preference is for the epic in music, but the fact that last night's works were modern may be the reason they formed the second half of the pro- gram. However, he brought out the 1magination and color in these with careful skill. The “Nuages” of De- bussy had a vaguery and indefinite- ness, and the “Berceuse” of Sibelius a hushed quality that’ the subdued tone of the orchestra pictured with success. In the expressive “Storm, from Sibelius’ music from Shal speare’s “Tempest,” the various of the orchestra were admirably in- terwoven. Strawinsky's “Fire Bird” was the concluding number. The whimsical character and certain grotesqueness of this fairy tale was not sufficiently accentuated, perhaps, and it was played with a too matter-of-fact color that was a detraction. How- ever, the occasion to hear it again was appreciated by the audience, which was loath to leave at its con- clusion. A E Christmas Carols At University Club. WITH lighted Christmas trees and hoHy wreaths as holiday setting, the Tuesday Evening Music Club gave a program of Christmas carols at the University Club last evening. A medieval touch was added by the old English costumes of the carolers and the eflective entrance they made, carrying lighted lanterns and singing as they came. The program had several exceptionally choice numbers and was well chosen to give variety. The voices of the club are har- monious and pliable, so that they achieve contrasting effects with ease of execution, Florence Howard, di- rector, is responsible for the uniform- ’W work, and her own musi- ¢ #fin‘ulmu each careful phrase. There are no ragged edges and the softness of quality l:dgoz lost in fortissimo passages, which Evel Scott, viol W old “English tunes in xeep;!fi:d e the “carol spirit and the lovely “Berceuse” of Tor Aulin with good effect. Helen Neumeyer Perry sang three German folk songs with Christmas texts in beautiful style which won the instant appreciation of the audience. The final group of the ensemble finished appropriately with the sing- ing of Bach-Gounod's “Ave Maria.” Marjorie Davis was a helpful and sympathetic accompanist. ACTOR’S WIFE RELENTS James Hall Effects Reconciliation After Arrest. By the Associated Press. BATON ROUGE, La., December 21. —dJames Hall, motion picture actor, who was arrested here last Saturday on a fugitive warrant from New Haven, Conn., charging non-support, announced yesterday he nad effected a reconcilia- tion with his wife, Mrs. Irene Hall. He said they would go to New Haven to attempt to have the charge dropped. Mrs. Hall, confirming the reunion, said they had been separated 13 years, and that until yesterday she had not seen her husband for 10 years. —_— 1,038,000 Jobless in Italy. ROME, December 21 (#).—The num- ber of Italy’s unemployed passed the million mark November 30, totaling 1,- 038,000, approximating the figure of last April. 'This compares with 878,000 at the same time last year. The number of workmen employed in industries, however, increased 4,900, partly owing to staggering the work. ristmas Made of Mag- nolia Leaves, Pine Cones. Red Ruscus and Heather. Very Lasting. May be shipped anywhere. PHONES: RRLRDBRVERERERER EDMONTON POLIGE CLUB 35 JOBLESS Break Up March on Parliament Hall Started in Defiance of Orders. By the Associated Press. EDMONTON, Alberta, December 21, ~—Thirty-five of several hundred un- employed men who staged a demonstra- tion here yesterday and a Royal Can- adian Mounted police constable were hurt when police broke up a march the jobless were starting toward Parlia- ment Hill Two were arrested. The parade was in defiance of a govern- ment order. Police estimated spectators at 10.000. | The injured suffered mostly from head bruises inflicted by police clubs. The | constable was cut on the face. After quiet was restored Premier J. E. Brownlee gramted an interview to a delegation of farmers, miners and un- employed city residents. They asked for money grants, enlarged relief rations and clothes for destitute farmers’ children. ¥ Christm.':ls&a;§ E W 8hop at the friendly store— you're always greeted with a imllt—\\'llh no obligation to uy. 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