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Since everybody knows that a drink containing one-half of one per cent. of alcohol is not in fact an intoxicating drink, a vast amount of indignation has been aroused, among opponents of National Prohibition, by this stretching of the letter of the Amendment. I have to confess that r cannot get excited over this particular phase of the Volstead legislation.

To this end suits were begun in various jurisdictions to test its validity and enjoin the enforcement of the Volstead Act, which sought to carry it into effect. Seven test cases were argued together in the Supreme Court, five days in all being devoted to the argument.

Nevertheless it is quite possible that the Supreme Court would decide that this deviation to the right of the zero mark is as much within the discretion of Congress as was the Volstead deviation to the left. Certainly the possibility at least exists that this would be so.

Time and time again when we discussed the Volstead Act, he would say: "The wrong way of doing the right thing. You cannot regulate the morals and habits of a great cosmopolitan people by placing unreasonable restrictions upon their liberty and freedom. All such attempts can only end in failure and disappointment.

They are not carrying it on in the way in which the enforcement of other laws is carried on. In the case of a normal criminal law and it must always be remembered that the Volstead act is a criminal law, just like the laws against burglary, or forgery, or arson those who are responsible for its enforcement regard themselves as administrators of the law, neither more nor less.

Thus with his spotless flag unfurled He went against the Demon Rum Who snarled, "I vum!" And siss-boom-ah! Three cheers for Health and Christian Love! But, Andrew dear Say, now, look here! You're not including wine and beer!" Then Andrew Volstead squared his chin And answered briefly, "Sin is sin." No compromise With the King of Lies!

He was of the opinion that it required no compromise or weakening of the Eighteenth Amendment in order to deal justly and fairly with the serious protests that followed the enactment into law of the Volstead Act.

A law permitting wine and beer but forbidding stronger drinks would have so much more public sentiment behind it than the present law that it would probably be decently enforced, and not very widely resisted; and though such a law would be justly objected to as not an honest fulfilment of the Eighteenth Amendment, it would, I believe, in its practical effect, be far less demoralizing than the existing statute, the Volstead act.

I f this went on upon a much larger scale than has actually been the case, it would justly be the occasion for perhaps the most severe of all the indictments against the Volstead act; for it would mean that Americans are being habituated to indifference in regard to the violation of one of their most ancient and most essential rights.

This is the wisdom which moves them to secret laughter when they find their brothers in the throes of Volstead and Krafts. And it is from this wisdom that they will teach them all to be happy, though prohibited. It is an unfortunate fact that humanity will not behave itself. It does not really warm to any of the current virtues.