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Evening star. [volume] (Washington, D.C.) 1854-1972, July 31, 1947, Image 15

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Congress Powerless
To Regulate Liquor
Sales, Says Writer
By David Lawrence
Has Congress any power to regu
late the sale of Intoxicating
This question arises because a
subcommittee of
the Senate Com
merce Commit
tee has recom
mended that the
Federal Trade
Commission be
empowered to
declare "mislead
ing” certain ad
vertisements be
ing used by
liquor dealers if
those advertise
ments or broad
casts suggest
that the use of
liquor will pro- DlT!d Uwrme''
mote health or social standing or
describe its use as in accordance
with American tradition or family
Apparently the Senators who are
advocating such legislation are not
aware of the decision of the Su
preme Court of the United States,
in an opinion rendered by Justice
Brandeis on November 9. 1936,
which held in effect that the so
called commerce clause of the con
stitution no longer applied to the
liquor iramc anu umt wic
source of Federal power today Is
the Twenty-first Amendment.
This decision aroused consider
able comment at the time because
it was so wide-sweeping. The case
involved the imposition of an Import
fee by the State of California on
the sale of beer In that State by
dealers outside the State—a fee
not imposed on dealers inside the
State. The court said this would
plainly have been unconstitutional
under the commerce clause but that
the Twenty-first Amendment super
seded that clause. __
States Rights Supreme.
Many people have believed that
when the Eighteenth Amendment
was repealed, the situation reverted
to that which existed prior to its
adoption and that Federal power
over the transportation of intox
icating liquors is now much the
same as it was before, namely a
simple exercise of the right to regu
late commerce and to prohibit or to
regulate the flow' of any article of
Actually, however, the rights of
the States on liquor trade have been
declared supreme by the Twenty
first Amendment. They can set up
monopolies inside their States and
make any regulations they wish
with respect to the liquor traffic
and be untouched by the Federal
power. Thus, as many of the States
roday have their owrn stores and their
own system of advertising and sale
and distribution, it would appear
that the Federal Government can
not by any legislation Interfere
with or curtail such sale. Indeed,
the power of Congress to regulate
thb^manufacture and sale of intoxi
cating beverages which was specifi
cally granted to the Federal Gov
ernment by the people when they
ratified the Eighteenth Amendment
was specifically taken back by the
people in the first section of the
Twenty-first Amendment.
The Twenty - first Amendment
says: ,
“The transportation or importa
tion into any State, territory, or pos
session of the United States for de
livery or use therein of Intoxicating
linuors. in violation of the laws
thereof, is hereby prohibited,”
Sole Federal Power.
The sole Federal power, therefore,
it is contended, relates to such as
sistance as the States may require
in keeping out of their jurisdiction
products which {hey do not want.
There is no corresponding power of
Congress to keep out of these States
the products they do want and do
The effort to curtail sales of intox
icating beverages by enacting legis
lation dealing with "misleading" ad
vertisements implies that Congress,
under the power to regulate com
merce, can also regulate advertise
ments that sell goods in interstate
commerce. This might well be true
of any other classification of pro
ducts except those specifically dealt
with by a particular article of the
Thus, in the so-called "Young's
Market" case,in 1936, the contention
of one party was that the rules of
the Twenty-first Amendment did
not apply because they ran counter
to the Fourteenth Amendment,
which declares that all businesses
have "equal protection” under the
lawv Justice Brandeis, however, in
handing down the decision, w'rote
that "a classification recognized by
the Twenty-first Amendment can
not be deemed forbidden by the
Hence, since the power granted to
the states to handle the liquor traf
fic is absolute, it will be contended
that neither'the pure food laws nor
the Federal Trade Commission Act,
which are derived from the com
merce-clause powers, can supersede
the powers of the States granted to
them by the Twenty-first Amend
There seems to be only one consti
tutional way by which the liquor
traffic, whether in sales or manufac
ture, can be regulated and that is
by adoption of a substitute for or
amendment of the Twenty-first
Amendment to the Constitution.
ieinrariiietion Rlchtfi Reserved.) _
Phone CH. 0059 or OX. 2320
1320 WllMB Bird. (N»»r K'7 Brldrtl
This Changing World
Britain Seen Passing First Stages
Of Politico-Economic Crisis
By Constantine Bromn
Britain Is passing through the flrsl
phases of a grim political crisi!
which is growing in anticipation 01
the economic crisis which may noi
reach its zenith
until next win
ter, a season to
which the Brit
ish look with
The implica
tions of these
crises — present
and future — are
net lost in
where constant
study is being
made of eco
nomic conditions
abroad because
Of the increasing CwnnUntln* Brawn,
dependence of many countries or
American economic and flnancia
Britain’* trouble* atom basicallj
from her transition from a strong
creditor nation—with great Income
from foreign investments as well a;
I foreign trade—to a nation heavilj
in debt as the result of the war. and
unable to revive the source of in
come on which her people lived ir
times past.
Production Still Lags.
The war—with its terrific finan
cial drain, its disruption of foreign
markets, its upsetting of all the
established production systems—is
the immediate cause of this transi
tion. In the two years since World
War II ended Brit.aih has been un
able to revive her lagging Industrial
production sufficiently to pay for the
necessary imports of food and raw
material. To make up the deficit
she borrowed $3,750,000,000 from the
United States, and this fund of dol
lars Is well on the way to exhaustion
by midwinter.
In an effort to turn more 'of her
manpower back into production and
reduce the deadweight on her econ
omy Britain has curtailed her for
eign commitments—costly in money
and manpower—more and more. She
is now at the point where she must
begin thinking about paring to the
very bone her military establish
ment in order to release her man
power for industrial production. This
is a dangerous step to take in a
world as unsettled as today’s world
is, but a large army, navy and air
force is a luxury which Britain can
not in her straitened circumstances
But this is just one expedient of
several which Britain expects to
utilize for the restoration of her
economy. When the dollar fund
runs out and Britain's loan from
the United States is exhausted she
then will have to resort to extreme
pinching on Imports in order to
live on her own resources.
The alternative is tc continue to
import adequate basic needs, pay
ing for them out of the gold reserve,
an extreme step which could have
repercussions in many countries.
The foundation on which the pound
rests would be jeopardized and
Britain could go down in ruin be
fore a currency inflation, just as
jsome other countries have.
Look to Marshall Plan.
! This use of the gold reserves
j would not, however, be undertaken.
some very certain assurances from
the United States that the Marshall
Plan will be implemented in such
a way as to restore the foundation
for the pound.
However, Britain will not reach
the point of exhausting her dollar
credits without a severe political
crisis, rumblings of which are now
being heard as increasing pressure
is put on Prime Minister Attlee to
take the strong belt-tightening
measures whtclv will mitigate the
severity of the economic blow when
it falls*
There is a double significance for
the United States in this whole
question of politico-economic crisis
in Britain. In the first place, if the
Attlee government should fall we
would be concerned over what would
take its place. Not that we need
have any fear of communism in
Great Britain, but simply that we
are bound to be affected by the
kind of government Britain has be
cause of our extremely close rela
tions. In the second place, a British
economic collapse could have wide
repercussions throughout the world,
at least that part of it which is still
bound together in a system of free
Public vs. Private Stakes
Hughes-Brewster Row Seen but Step
In Battle for Single Airline Rule
By Doris Fleeson
The current Howard Hughes
Brewster dustup is only one more en
gagement in the protracted civil wai
between United States airlines ovei
whether Amer
ica's commercial
aviation shall be
concentrated in
a single “chosen
The public
stake is national
security. The
private stakes
are mouth-wa
tering profits.
What Mr.
Hughes has
done by crying
blackmail is to
throw the spot
light on Senator D#H* nw®"
Brewster’s recent behavior as t.h«
acknowledged Senate spokesman for
Pan American Airways, author, anc
promoter of the chosen instrument
theory. Naturally it plugs itself «
fVs « ehnun
Colleagues Not Sorry.
As Senator Brewster is an influ
ential Senator with a powerful po
litical weapon in his War Investi
gating Committee (inherited from
President Truman), the politicians
are. of course, agog. Because he i(
also a coldly tenacious character
: admittedly brainy, who seems tr
| want what he wants harder than
most people, his colleagues always
feel resentfully that he is pushing
them and they are not too sorry to
see him put on the defensive.
The interlude of which Mr.
Hughes complains began with the
■ return to power in Congress of the
Republicans. Pan American had
| got off to a wonderful start in
the 20s, and was strongly en
I trenched in Republican counsels but
' its political luclc ran out with Pres
ident Roosevelt.
Aggressive domestic lines, notably
American Airlines and TWA, lib
erally Interlarded with southerners
had Democratic friends who deeply
sympathized with their pleas for free
enterprise in aviation as against
their pro-Republican rival. Pan
American hastily combed the Demo
cratic side of the street, too. and
emerged with some powerful friends
—the late Senator Bailey, then
chairman of the Commerce commit
tee, and his fellow-North Carolin
ians, the late O. Max Gardner and
John W. Hanes.
It was not enough. The ironical
ly free-aviation-enterprise. New Deal
Democrats consistently prevailed not
only in the Senate but in the Civil
Aeronautics Authority. TWA and
others got overseas routes.
Two Brewster Demands.
When the Republicans took over.
Senator Brewster made two de
mands: 1. That the War Investigat
ing Committee be continued. 2.
That he be named to the powerful
Interstate and Foreign Commerce
Committee, although of the seven
Republicans allotted to it, his col
league Senator White was one and
its chairman.
He got both. It was then and con
sistently evident through the ses
sion that Senator Taft found it im
possible to say no to Senator Brew
ster. Then he got himself named
chairman of the aviation subcom
mittee. Forthwith appeared in the
lobbies the cheerful countenance of
Pan Am's Sam Pryor, the forever
famous "We Want Wlllkie’’ entre
preneur. Next came new hearings
on the chosen instrument.
The committee made no recom
mendations. Mr. Hughes now
charges that Senator Brewster was
holding back on investigation of the
Hughes cargo plane deals because
Pan American snd TWA were "try
ing to get together.-’ The subcom
mittees delays fit into thia picture
also. *
Politicos answer the question of
“what's in it for Brewster?” by con
ceding first that his advocacy of the
chosen instrument policy fits into
j his nationalistic thinking on foreign
'affairs. They point out that he is
rich. Then they add that it will
not do his vice presidential ambi
tions any harm to help powerful
backers of the Republican Party.
I Bought, Sold, Exchanged!
and Repaired—24-Hr. Service |
I Sommer’s Camera Exch.l
1410 New Yark Are. f j
j i_
SUBURBAN HEIGHTS —By Gluyos Williams
\ ' '
, , VviuiM*
Ihmiii w CmtiKm* _ _ __~~_ _ _ '_J
'On the Other Hand’
New Jersey Senator Is Blamed
For Failure to Advance FEPG
By Lowell Mellett
In the Senate Committee on
Labor and Public Welfare there now
reposes an impressive mass of evi
dence concerning discrimination in
employment i n
this country be
cause of “race,
religion, color,
national origin
or a ncestry.’
The net effect of
the evidence is
that such dis
crimination has
greatly increased
since Congress,
one year ago,
ended the life of
the Fair Em
ployment Prac
tices Committee
set up during l«w«ii Mellett.
the war by executive order of Presi
dent Roosevelt. Congress did this
by refusing any further appropria
tions lor the FEPC's work.
There also reposes in the Senate
Committee an extraordinary report
by a subcommittee. This subcom
mittee collected the evidence re
ferred to in the course of consider
ing a bill to prohibit discrimina
tion. The bill, introduced in March,
has for its authors, Senators Ives.
Saltonstall, Smith and Morse,
Republicans: Senators Chavez.
Downey, Murray and Myers, Demo
crats. It is modeled on State stat
utes that have been demonstrating
their value in New York, New Jersey
and Massachusetts.
Startling Amendment.
The subcommittee, composed of
Senators Donnell, Ives, Smith, Mur
ray and Ellender. began hearings
early In June, concluding them July
20. Senator Smith, who had associ
ated himself warmly with the pro
posed legislation at the outset, im
mediately presented a startling
amendment—"for discussion pur
poses only and without indorsing
it.” It provided that any State,
whose Legislature voted to do so
within a reasonable period could
exempt itself from the enforcement
provisions of the ect.
The amendment was not accepted
by the subcommittee, but Senator
Smith clung to his expressed belief
that it would not separate the South
from the rest of the country. Every
body else appeared to think it would
have exactly that effect. Attorneys
for the Civil Liberties Union and
for various organizations supporting
anti-discrimination legislation gave
their opinion that the amendment
would also make the act unconsti
Principal open opposition to the
bill in the subcommittee came from
Senator Ellender of Louisiana. Wait
ing for him to produce witnesses
brought the sessions down close to
the adjournment date, which the
bill's friends charged was his pur
pose. If so, it was successful.
Substitute Motion.
Tuesday of the final week the
subcommittee met to act on the bill.
Senator Ellender moved to hold the
bill in subcommittee. He was de
feated. Senator Ives, seconded by
Senator Murray, moved to report
the bill faborably. Senator Smith,
declining to support the motion, of
fered the following substitute:
“Resolved, That the bill be re
turned to the full committee with
the statement that the subcommit-;
tee favors the general purposes of)
the bill, but with the recommends-]
tion that the full committee give
further study to the provisions of
the bill.
“And with the further statement
to .the committee that Senators
Ives and Murray favor the bill in its
present form."
It was so voted, only Senator, El
lender opposing. Any hope of get
ting the bill out of the full commit
tee and on the Senate calendar for
early action next winter was ended.
Rightly or wrongly, the supporters
of the bill give the New Jersey Sen
ator the blame for this unsatisfac
tory situation.
Working hardest for antidiserim
inatory legislation are a number of |
Negro organizations, although rep
resentatives of the Jews and Mex-|
ican-Americans have been almost as
urgent. Their story is much the
same. They find the doors of em-;
ployment closed against them in i
many places or the jobs they are
qualified to fill withheld from them.
They are having a serious unem
ployment problem at a time when
workers are generally in demand.
One survey presented to the sub
committee revealed unemployment
among Negroes in some sections of
the country to be proportionately
two to three times that of other
Annoyed No End
Over Passport
By Henry McLemore
Murder Is seldom In my heart.
Once a man passes 21, he
knows that to kill his fellow man
is to risk the gtfS chamber, the
noose, the hot
seat, or firing
Today, I de
cided to risk all
these uncom
fortable means
of death.
Tell the chil
dren to leave
the room, ask
the elderly
aunts to go into
tr.e Kitcnen to
see if the jelly is
okay, and I’ll
tell you why.
I'm leaving Henry MeLemere.
for a little ill-will trip to South
America. I’m going as a sort of
Nelson Rockefeller with blackjacks,
and Sumner Welles with a conta
gious disease.
I am one of the few Americans
who is going to visit the Southern
continent believing in his heart
that North Americans are not su
perior because they have a dollar
or two more than other people, or
that they sunburn more easily. I’m
going down, for the first time to
South America, to see if the people
down there are like the people up
where I live. I think they are.
Little Man From Brazil.
By now you must be wondering
why I wTote that first paragraph.
t went to the Brasilian Consulate,
and the little man in charge, act
ing for the Consul Genera), was
Just what you would expect any
little feller acting for a man in
authority to be.
I don’t know his name, which
means I’m lucky. I don't know
where he lives, and I shail never
ask. I would just like to say before
I go to Brazil that the man who
serves as the Assistant Consul Gen
eral for Brazil in Miami, Fla.,
is a 14 carat, hand-dipped, three
ply, ungracious little fellow. And
I would like to ask that some one
in power in Brazil tell him this:
That if he’s serving his country, he’s
serving it wrong.
For the second time, I want to ex
plain the first paragraph. I had to
novc; a paciipui t jjivtuic tttACU. ±
told those in authority that the
sweetest picture I had ever had
made was one that the Bachrach of
Leavenworth had taken when I
came in for counterfeiting. They
said no. you must have another one.
So I went down to a place that
advertised passport pictures. I
walked up three dark and winding
Bights ef stairs. X turned four Karl
off corners, fell down one flight of
steps, and was taken into a dark
room by a man with whiskers.
When I regained consciousness, I
said that I would like to have a pass
port picture made. He told me that
I could have the picture made very
cheaply. I would like to say now
that all passport pictures are cheap,
but you have to pay an awful price
to get the bargain.
Shoos Away Bats.
The photographer, after shooing
away the bats, told me to sit down
on the chair. I sat down, dis
turbing ?hree lizards and a centi
pede who had taken up light house
keeping there. He said: "Look at the
birdie!" The birdie was a bald eagle
wearing a wig. I heard a loud snap.
He said: "Look at the birdie again
and try to smile." I wanted to run,
not smile. I asked him when I could
get my little pictures. He said that
by the time that 1 was over my
fright they'd be ready. They were.
Stories about ugly passport pic
tures are old and worn out. Hun
dreds of men have written about
them. I took one look at my pic
j tures and wondered to myself how
South America would ever admit
a man with no chin, no nose, no
1 lips, no hair, no ears, rfo Adam’s
| apple, no anything that men are
I cnnnneeel fr\ Katra
If you'll send me 12 cents, either
in stamps or money, I’ll accept the
stamps or money, and won’t answer
(Distributed by McNtucbt Syndicate. Ine.)
i '
Payments on your home are
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| Renting a room is made easy
by advertising in The Star.
Call National 5000. Open 8
a.m, to 9 p.m._ __
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ington of pure meats and finest spices . . . Briggs' Better I
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