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National Prohibition Introduced

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NATIONAL PROHIBITION INTRODUCED Influence Behind National Prohibition.—Nation-wide pro hibition came with surprising suddenness. It was greatly accel erated but not caused by the World War. It had a long natural history. For more than a century temperance reform had been a growing moral issue. Its legislative history dated back nearly 8o years to the first State prohibition law in Maine in 1851. New scientific knowledge in the pre-war years since the beginning of this century had emphasized the menace to health and efficiency and the frightful cost and waste inherent in the consumption of alcoholic beverages in even moderate quantities relatively to earlier standards of moderation and excess. New industrial eco nomics did not seem to find any place for alcoholic beverages in working out the problems of the expansion and large-scale pro duction of American industry, trade and commerce. New educa tional forces caused the saloon to be regarded with increasing disfavour as a social institution, the so-called poor man's club, and a growing irritation concerning the saloon as a political men ace was manifest.

Long before the United States entered the World War the con viction was growing that social and industrial efficiency, and even national prosperity, could not be achieved at any less cost than whatever sacrifices might be involved in national prohibition. The legislation by Congress for several years before war-time prohi bition shows that every effort was made to supplement and strengthen State and local prohibition, and judicial decisions illus trate the same tendency in order that national prohibition should not be adopted except as a last resort and in obedience to a com pelling necessity. As soon as the United States entered the World War two economic factors-the fear of the loss of man-power on account of intemperance, and the loss of food used in the manu facture of alcohol, but needed to supply the army of the United States and its Allies-served to crystallize an overwhelming na tional sentiment in favour of permanent constitutional prohibi tion-a proposal continuously before Congress since 1911. Though the War Prohibition Act did not go into effect until after the i8th Amendment was ratified, war restrictions of intoxicating liquors stimulated sentiment favourable to national prohibition.

The War Prohibition Act was enacted Nov. 21, 1918, ten days after the signing of the Armistice, as an amendment to the Agri cultural Appropriation bill. It provided that after June 30, 1919, until the conclusion of the war and of demobilization, the date of which was to be determined and proclaimed by the president, it was unlawful to sell for beverage purposes any distilled spirits from bond except for export. It also provided that after May 1, 1919, no grain, cereals, fruit or other food products should be used in the manufacture or production of beer, wine or other intoxicating malt or vinous liquor for beverage purposes, and after June 30, 1919, no beer, wine or other intoxicating malt or vinous liquor should be sold for beverage purposes except for export until the conclusion of the war and of demobilization.

Importation of distilled, malt, vinous or other intoxicating liquors was prohibited. The War Prohibition Act continued in force until national prohibition under the 18th amendment and legislation pursuant thereto became effective on Jan. 16, 1920.

The Volstead

National Prohibition Act (41 Stat. 305), popularly known as the Volstead Act and sometimes referred to by its longer title, the Prohibition Enforcement Law, passed the House of Representatives July 22, 1919, by a vote of 287 to Ioo, three members voting "present." It passed the Senate with slight amendments and without a roll-call on Sept. 4, 1919. The conference report to the Senate and House was adopted in the Senate Oct. 8, without roll-call or record vote, and in the House by a vote of 321 to 70 on Oct. I 0. The measure then went to President Wilson, who returned it with his veto message on Oct. 27. The House on the same day, by a vote of 176 to 55 passed the bill over the president's veto, and the Senate, by vote of 65 to 20 on Oct. 28, 1919, did likewise, and on that day the measure became law applicable by its terms immediately for the enforcement of the War Prohibition Act, and "when the 18th Amendment to the Constitution goes into effect," intended to carry out the purposes of that amendment. The act is notable for its definitions, including the fixing of of 1% of alcohol by volume as the test of intoxicating liquor, and the delegation of power to the commissioner of internal revenue to make regula tions, with the approval of the secretary of the Treasury, having the force of law, for carrying out the provisions of t113 act. The one-half of one per cent definition was not new but was in use in many State prohibition laws and had been the standard since 1902 for internal revenue taxation.

Validity Tested.--The

constitutional validity of the adoption of the i8th amendment and of the Volstead Act with its defini tion of intoxicating liquor was tested in the U.S. Supreme Court and promptly sustained in the leading cases of Hawke v. Smith, decided June r, 1920 (253 U.S. 221), and Rhode Island v. Palmer, decided June 7, 1920 (253 U.S. 350), in which the court disposed of seven cases pending. The court had previously sustained the War Prohibition Act and the 2 of 1% limit which it specified. The liquor interests hoped that greater latitude might be given through a strict construction of the first section of the i8th amendment, which did not specify the content or define intoxicating liquor. The court, however, without stating or discussing this conten tion, cited the war prohibition cases in support of the conclusion that while "recognizing that there are limits beyond which Con gress cannot go in treating beverages as within its power of enforcement, we think those limits are not transcended by the provisions of the Volstead Act."