Слике страница

vided for compensation not licensed under direction that it be served at any time in cific penalty is provided, or any of the rules this Act; or in any place to which the public the day or night.

and regulations promulgated pursuant is invited for which a license has not been "(i) A search warrant must be executed thereto, shall be punished by a fine of not issued hereunder permitting the sale and and returned to the judge or commissioner more than $1,000 or by imprisonment for not consumption of such alcoholic beverage up who issued it within ten days after its date; longer than one year or by both such fine on such premises except premises licensed after the expiration of this time the war and imprisonment in the discretion of the under paragraph (12) of section 11 of this rant, unless executed, is void.

court. Act; or in any place to which the public is "(j) When the officer takes property under “(b) Prosecutions for violations of this invited (for which a license under this Act the warrant, he must give a copy of the war Act shall be on information filed in the Dishas been issued) at a time when the sale rant together with a receipt for the property trict of Columbia Court of General Sessions of such alcoholic beverages on the premises taken (specifying it in detail) to the person by the corporation counsel or any of his is prohibited by this Act or by the regula, from whom it was taken by him, or in whose assistants, except for such violations as are tions promulgated thereunder, or in any possession it was found; or, in the absence felonies, and prosecutions for such violations place for which a license under paragraph of any person, he must leave it in the place as are felonies shall be by the United States (12 ) of section 11 of this Act has been issued where he found the property.

attorney in and for the District of Columbia at a time when the consumption of such “(k) The officer must forthwith return or any of his assistants. alcoholic beverages on the premises is pro- the warrant to the judge or commissioner "SEC. 31. No holder of a retailer's license, hibited by regulations promulgated under and deliver to him a written inventory of except a retailer's license class C, class D, this Act. No such person shall be drunk or the property taken, made publicly or in the or class E, shall sell on credit any alcoholic intoxicated in any public space; or in any presence of the person from whose posses- beverages. vehicle in or upon the same or in any place sion it was taken and of the applicant for "SEC. 32. No rectified or blended spirits to which the public is invited, or at any the warrant, if they are present, verified by shall be sold unless the container in which public gathering and no person anywhere the affidavit of the officer at the foot of the it is sold shall bear a legible label firmly afshall be drunk or intoxicated and disturb inventory and taken before the judge or com fixed thereto stating the nature and percentthe peace of any person.

missioner at the time, to the following effect: age of each ingredient therein (except water), "(b) Any person violating the provisions 'I, R. S., the officer by whom this warrant the age of each such ingredient, and the alof this section shall be punished by a fine of was executed, do swear that the above in coholic content of such spirits by volume. not more than $100 or by imprisonment forventory contains a true and detailed account "SEC. 33. If any provision of this Act, or not more than ninety days, or both.

of all the property taken by me on the the application thereof to any person or cir"SEC. 28. (a) A search warrant may be is. warrant.'

cumstances, is held invalid, the remainder of sued by any judge of the District of Colum "(1) The judge or commissioner must the Act, and the application of such provibia Court of General Sessions or by a United thereupon, if required, deliver a copy of the sions to other persons or circumstances, shall States commissioner for the District of Co- inventory to the person from whose posses not be affected thereby. lumbia when any alcoholic beverages are sion the property was taken and to the "SEC. 34. (a) It shall be unlawful for anymanufactured for sale, kept for sale, sold, applicant for the warrant.

one, except a public or common carrier or the or consumed in violation of the provisions of “(m) The judge or commissioner must holder of a manufacturer's, wholesaler's, or this Act, and any such alcoholic beverages annex the affidavits, search warrant, return, retailer's license issued under this Act, to and any other property designed for use in inventory, and evidence, and at once file transport, import, bring, or ship or cause to connection with such unlawful manufacture the same, together with a copy of the record be transported, imported, brought, or shipped for sale, keeping for sale, selling, or con of his proceedings, with the clerk of the Dis. into the District from without the District sumption may be seized thereunder, and trict of Columbia Court of General Sessions. any wines, spirits, or beer in a quantity in shall be subject to such disposition as the "(n) Whoever shall knowingly and will excess of one gallon during any calendar court may make thereof, and such alcoholic fully obstruct, resist, or oppose any such month. beverages may be taken on the warrant from officer or person in serving or attempting to (b) No public or common carrier shall any house or other place in which it is serve or execute any such search warrant, transport or bring into the District wine, concealed.

or shall assault, beat, or wound any such of- spirits, or beer in a quantity in excess of "(b) A search warrant cannot be issued but

ficer or person, knowing him to be an officer one gallon during any calendar month for upon probable cause supported by affidavit or person so authorized, shall be fined not delivery to any one person in the District particularly describing the property and the more than $1,000 or imprisoned not more other than the holder of a manufacturer's, place to be searched. than two years.

wholesaler's, or retailer's license issued under "(c) The judge or commissioner must, be

“(0) If the accused be discharged, the this Act. fore issuing the warrant, examine on oath

alcoholic beverages and other property seized "(c) The provisions of this section shall the complainant and any witness he may shall be returned to the person in whose not apply to bona fide possessors of old stocks produce, and require their affidavits or take possession they were found; if he be con who are moving into the District nor to emtheir depositions in writing and cause them victed, the said alcoholic beverages and other bassies or diplomatic representatives of forto be subscribed by the parties making them. property shall be forfeited and may be de- eign countries, nor to wines imported for

"(d) The affidavits or depositions must stroyed by the police department or delivered religious or sacramental purposes, nor to set forth the facts tending to establish the for medicinal, mechanical, or scientific uses wine, spirits, and beer to be delivered to grounds of the application or probable cause to any department or agency of the United the holder of a manufacturer's, wholesaler's, for believing that they exist.

States Government or the District of Colum or retailer's license issued under this Act. "(e) If the judge or commissioner is there- bia government or any hospital or other (d) The penalty for violation of this upon satisfied of the existence of the grounds charitable institution in the District, or sold section shall consist of the forfeiture of the of the application or that there is probable at public auction, as the court may direct. alcoholic beverages transported, imported, cause to believe their existence, he must issue “(p) If any of said property so seized, or shipped or caused to be transported, ima search warrant signed by him with his other than the said alcoholic beverages and ported, brought, or shipped in violation of name of office to the Chief of Police or any the containers thereof, shall be subject to this section, and a fine of not more than $500 member of the Metropolitan Police Depart. a lien which is established by intervention or or imprisonment for not more than six ment, stating the particular grounds or otherwise to the satisfaction of the court as months. probable cause for its issue and the names being bona fide and as having been created "SEC. 35. (a) There shall be levied and of the persons whose affidavits have been without the lienor's having any notice that collected by the District on all beer sold taken in support thereof, and command, said property was to be used in connection by the holder of a manufacturer's or wholeing him forthwith to search the place named with the illegal manufacture for sale, keeping saler's license, except such beer as may have for the property specified and to bring it for sale, or selling of alcoholic beverages, the been purchased from a licensee under this before the judge or commissioner.

court, upon the conviction of the accused, Act, and except such beer as may be sold to "(f) A search warrant may in all cases shall order a sale of said property at public a dealer licensed under the laws of any be served by any of the officers mentioned auction and the officer making the sale, after State or Commonwealth of the United States in its direction, but by no other person, ex deducting the expenses of keeping the prop and not licensed under this Act, and on all cept in aid of the officer on his requiring erty, the fee for the seizure and the cost of beer purchased for resale by the holder of it, he being present and acting in its execu the sale, shall pay all such liens according to a retailer's license, except such beer as may tion. their priorities, and such lien or liens shall

have been purchased from a licensee under “(g) The officer may break open any outer be transferred from the property to the

this Act, a tax of $1.50 for every barrel conor inner door or window of a house, or any proceeds of the sale thereof. part of a house, or anything therein, to "SEC. 29. Any minor who falsely represents

taining not more than thirty-one gallons execute the warrant, if, after notice of his his age for the purpose of procuring any

and at a like rate for any other quantity authority and purpose, he is refused ad- alcoholic beverage shall be deemed guilty

or for the fractional parts thereof. Unless mittance.

the Commissioners shall by regulation preof a misdemeanor and be fined for each of"(h) The judge or commissioner must in- fense not more than $25 and, in default in scribe otherwise, the collection and payment sert a direction in the warrant that it be the payment of such fine, shall be imprisoned of such tax shall be in the manner followserved in the daytime unless the affidavit is not exceeding ten days.

ing: positive that the property is in the place to "SEC. 30. (a) whosoever violates any of “(1) Each holder of a manufacturer's or be searched in which case he must insert a the provisions of this Act for which no spe- wholesaler's license shall, on or before the

10th day of each month, furnish to the Com anyone claiming under him, shall not oc tion, and consumption be so regulated so missioners, on a form to be prescribed by cupy or use, for a period of one year there that the orderly distribution of alcoholic them, a statement under oath showing the after, the building, ground, premises, or place beverages be achieved for the further purquantity of beer subject to taxation here upon which the nuisance existed, but the pose of encouraging temperance and modunder sold by him during the preceding court may, in its discretion, permit the de eration and for best serving the public calendar month and shall, on or before the fendant to occupy or use the said building, interest, convenience, and advantage. 15th day of each month, pay to the Com ground premises, or place, if the defendant “(b) As used in this sectionmissioners the tax hereby imposed upon the shall give bond with sufficient security to be (1) The terms 'sell at retail', 'sales at quantity of beer subject to taxation here approved by the court, in the penal and retail', and 'retail sale' shall mean and inunder sold by him during the preceding liquidated sum of not less than $500 nor clude any transfer for a valuable consideracalendar month.

more than $1,000, payable to the District, tion, made in the ordinary course of trade or “(2) No licensee holding a retailer's li and conditioned that alcoholic beverages will in the usual prosecution of the seller's busicense shall transport or cause to be trans not thereafter be manufactured, sold, kept ness, of title to an alcoholic beverage to the ported into the District for resale any beer, for sale, or permitted to be consumed in or purchaser for consumption or use other than other than the regular stock on hand in a upon the building, ground, premises, or place resale or further processing or manufacturpassenger-carrying marine vessel operating in violation of this Act.

ing, and shall include any transfer of such in and beyond the District, or a club car or "(c) In the case of the violation of any

alcoholic beverage where title is retained by a dining car on a railroad operating in and injunction, temporary or permanent, ren

the seller as security for the payment 01 beyond the District, for which a retailer's li dered pursuant to the provisions of this sec

such purchase price. cense, class C or D, has been issued under tion, proceedings for punishment for con

(2) The terms 'sell at wholesale', 'sales at this Act, unless such licensee has first ob- tempt may be commenced by the corpora

wholesale', and 'wholesale sales' shall mean tained a permit so to do from the Board. tion counsel or any of his assistants, by filing

and include any transfer for a valuable conNo such permit shall issue until the tax im with the court in the same case in which the

sideration made in the ordinary course of posed by this section shall have been paid injunction was issued a petition under oath

trade or the usual prosecution of the seller's for the beer for which the permit is re setting out the alleged offense constituting

business, of title to an alcoholic beverage to quested. Such permit shall specifically set the violation and serving a copy of said peti

the purchaser for purposes of resale or furforth the quantity, character, and brand or tion upon the defendant requiring him to

ther processing or manufacturing, and shall trade name of the beer to be transported appear and answer the same within ten days

include any such transfer of an alcoholic and the names and addresses of the seller from the service thereof. The trial shall be

beverage where title is retained by the seller and of the purchaser. Such permit shall promptly held and may be upon affidavits or

as security for the payment of the purchase

price. accompany such beer during its transporta- either party may demand the production and tion in the District to the licensed premises oral examination of the witnesses. Any per

“(3) The term retailer shall mean and of such retail licensee and shall be ex

include every person engaged in the busison found guilty of contempt under the prohibited upon the demand of any police offi

ness of making sales of alcoholic beverages visions of this section shall be punished by a cer or duly authorized inspector of the

at retail within the District licensed under fine of not more than $1,000 or by imprisonBoard. Such permit shall, immediately ment for not more than twelve months, or

this Act. upon receipt of the beer by the retail liby both such fine and imprisonment.

“(4) The term 'wholesaler' shall mean and censee, be marked 'canceled' and retained

include every person engaged in the busi"SEC. 37. (a) It shall be unlawful for any

ness of making sales of alcoholic beverages by him.

person knowingly to disseminate or cause "(b) The Commissioners are authorized to be disseminated in the District any false

at wholesale within the District licensed un

der this Act. and empowered to prescribe by regulation advertisement by any means for the pursuch other methods or devices or both for pose of inducing or which is likely to induce

"(c) It is hereby declared that knowingthe assessment, evidencing of payment, and directly or indirectly, the purchase of any

ly to advertise, to offer to sell, or to sell collection of the taxes imposed by this sec

any alcoholic beverage, either by retailers or alcoholic beverage. tion in addition to or in lieu of the method

wholesalers, with the intent, effect, or the

"(b) Any licensee under this Act who result of deceiving any purchaser or proshereinbefore set forth whenever, in their

violates subsection (a) of this section with judgment, such action is necessary to pre- intent to defraud or mislead may have his

pective purchaser, substantially lessening

competition, unreasonably restraining trade, vent frauds or evasions.

license suspended or revoked after due or tending to create a monopoly is an un"(c) The taxes imposed hereby, when

notice and hearing by the Board, with right fair method of competition, contrary to pubcollected, shall be deposited in the Treas- of review, in accordance with the provisions ury of the United States to the credit of of this Act.

lic policy, and in contravention of the policy

of this section. the District.

"(c) No publisher, radio broadcast li "(d) Each retailer or wholesaler licensed "SEC. 36. (a) Any building, ground,

censee, or agency or medium for the dissemi under the Act who advertises or offers to sell premises, or place where any alcoholic bev

nation of advertising, other than the manu any alcoholic beverage by means of an aderage is manufactured, sold, kept for sale,

facturer, packer, distributor, or seller of the vertisement having a format or appearance or permitted to be consumed in violation of

alcoholic beverage to which the false adver reasonably tending to indicate that the bevthis Act is hereby declared to be a nuisance,

tisement relates, shall be liable under this erage is being offered at a 'special' or 'unand may be enjoined and abated as herein

section by reason of dissemination by him of usual' price, indicating to the public that after provided.

any false advertisement, unless he has re such beverage is being offered at a bargain "(b) An action to enjoin any nuisance fused on request of the Board to furnish it price, regardless of the terms actually emdefined in subsection (a) of this section may the name and post office address of the ployed in such advertisement or offer, shall be brought in the name of the District of manufacturer, packer, distributor, seller, or include in such advertisements, in immeColumbia by the corporation counsel of the advertising agency, residing in the United diate juxtaposition to each item offered at District of Columbia, or any of his assistants States, who caused him to disseminate such the specified price the quantity of the item in the civil branch of the District of Colum- advertising. No advertising agency shall be available at that price and shall have on hand bia Court of General Sessions against any liable under this section by reason of the at the time of such advertisement or offer for person conducting or maintaining such causing by it of the dissemination of any sale a supply of the alcoholic beverage equal nuisance or knowingly permitting such nui false advertisement, unless it has refused on to the quantity so advertised or offered for sance to be conducted or maintained. The the request of the Board to furnish it the sale, and there shall be no limitation on the rules of the District of Columbia Court of name and post office address of the manu quantity an individual customer may purGeneral Sessions relating to the granting of facturer, packer, distributor, or seller, resid chase. an injunction or restraining order shall be ing in the United States, who caused it to “(e) Any retailer licensed under the Act applicable with respect to actions brought cause the dissemination of such advertising. who shall knowingly, in contravention of the under this subsection, except that the Dis "(d) For the purposes of this section the policy of this section, advertise, offer to sell, trict as complaining party shall not be re term 'false advertisement means an adver sell, or refuse to sell at retail any alcoholic quired to furnish bond or security. It shall tisement, other than labeling, which is mis beverage, and any wholesaler licensed unnot be necessary for the court to find the leading in a material respect; and, in deter der the Act who shall, in contravention of building, ground, premises, or place was be mining whether any advertisement is mis the policy of this section, advertise, offer to ing unlawfully used as aforesaid at the time leading, there shall be taken into account sell, sell, or refuse to sell at wholesale any alof the hearing, but on finding that the ma (among other things) not only representa coholic beverage, may have his license susterial allegations of the complaint are true, tions made or suggested by statement, word, pended or revoked after due notice and hearthe court shall enter an order restraining design, device, sound, or any combination ing by the Board, with right of review, in the defendant from manufacturing, sellingthereof, but also the extent to which the accordance with the provisions of this Act. keeping for sale, or permitting to be con advertisement fails to reveal facts material “(f) In addition to the penalties provided sumed any alcoholic beverage in violation of in the light of such representations.

in this section, the courts of the District are this Act. When an injunction, either tem "SEC. 38. (a) The Congress hereby finds hereby invested with jurisdiction to prevent porary or permanent, has been granted it that the manufacture, distribution, and con and restrain violations of this section, and shall be binding on the defendant through- sumption of alcoholic beverages affect the it shall be the duty of the corporation counout the District. Upon final judgment of the public interest, and it is necessary for the sel to institute proceedings in equity to precourt ordering such nuisance to be abated, full protection of the public health, welfare, vent and restrain violations. Any person the court may order that the defendant, or and morals that such manufacture, distribu shall be entitled to sue for and have in

junctive relief in any court of competent date as the Board of Commissioners of the Mr. Chairman, a moment ago the quesjurisdiction against any threatened loss or District of Columbia shall prescribe.

tion was raised, and the gentleman's injury by reason of a violation of this section.

Mr. MULTER (interrupting the read- amendment has not cured this at all, but "(g) The provisions of this section shall ing of the bill). Mr. Chairman, I renew suppose that it did? This is not the big not apply to sales at retail or sales at whole- my unanimous-consent request, that the objection to this bill. The big objection sale (1) where the alcoholic beverage is sold bill be considered as read and printed at to this bill which is being glossed over in bona fide clearance sales, if advertised, this point in the RECORD and open for is that we are removing the ABC Board marked, and sold as such; (2) where the al amendment at any point.

from the jurisdiction, the supervisory coholic beverage is imperfect or damaged, or

The CHAIRMAN. Is there objection jurisdiction, of the District of Columbia is being discontinued, and is advertised to the request of the gentleman from Board of Commissioners. That is the marked, and sold as such; (3) where the New York ?

heart of this bill. alcoholic beverage is sold upon the final liquidation of any business; (4) where the

There was no objection,

Mr. Chairman, let us come back to alcoholic beverage is sold for charitable pur

With the following committee amend this price-fixing question which was poses or to relief agencies; (5) where the al- ment:

talked about a minute ago. The distincoholic beverage is sold on contract to de Page 24, line 17, strike out "or sell” and

guished gentleman asked me a minute partments of governments or governmental substitute in lieu thereof "for sale”.

ago where there was anything in the institutions; (6) where the price of the alco

bill with reference to this question. holic beverage is made in good faith

The committee amendment was agreed

On page 65, subsection (c), there is to meet lawful competition; (7) where sales to.

the following: are made by one wholesaler to another whole AMENDMENT OFFERED BY MR. DINGELL saler or by one retailer to another retailer Mr. DINGELL. Mr. Chairman, I offer advertise, to offer to sell, or to sell any al

It is hereby declared that knowingly to for the purpose of accommodations; (8) an amendment. where the alcoholic beverage is sold by an

coholic beverage, either by retailers or whole

The Clerk read as follows: officer acting under the order or direction

salers, with the intent, effect, or the result of any court or by any fiduciary, or by any

Amendment offered by Mr. DINGELL: On of deceiving any purchaser or prospective trustee in a deed of trust or deed of assign- page 68, line 2, strike out the quotation purchaser, substantially lessening competiment for the benefit of creditors. marks.

tion, unreasonably restraining trade, or tend"SEC. 39. Nothing in this Act shall be con

Page 68, after line 2 insert the following: ing to create a monopoly is an unfair method strued as repealing any portion of section 7

"SEC. 40 (a) Nothing in this Act shall be of competition, contrary to public policy, of the District of Columbia Appropriation

deemed to authorize the Commissioners or and in contravention of the policy of this Act for the fiscal year ending June 30, 1903,

the Board to establish, maintain, or enforce section. approved July 1, 1902, as amended. Nothing

any wholesale or retail prices on alcoholic in this Act shall be construed to divest the beverages in the District.

That was exactly what the WashingFederal Trade Commission or the United

"(b) Nothing in this Act shall be deemed ton Post editorial was talking about, beStates Department of Justice of any jurisdic

to authorize any licensee or combination of cause that would then be left up to the tion now or hereafter vested in them as to

licensees to establish, maintain, or enforce judgment of the ABC Board as to whethany of the provisions of this Act."

any wholesale or retail price maintenance er or not discounting and price cutting SEC. 2. Nothing in Reorganization Plan

programs or policies with respect to the sale would lessen competition. Numbered 5, 1952 (66 Stat. 824), or in any of alcoholic beverages in the District."

Mr. Chairman, there is the language other provision of law shall authorize the Mr. MULTER. Mr. Chairman, will in the bill for those who want to know Board of Commissioners of the District of the gentleman yield?

about whether or not this bill would proColumbia to delegate, divest, or otherwise Mr. DINGELL. I yield to the gentle hibit discounting and price fixing. affect any authority vested in the Alcoholic man from New York.

Mr. MULTER. This again proves Beverage Control Board by the amendment made by the first section of this Act. The

Mr. MULTER. I do not think the how little the newspapers know about performance of any function vested in the language is necessary. But it is directly the bill, how little they followed the tesBoard of Commissioners or in any officer or

in line with every expression which I timony and how little they know about agency under the jurisdiction or control of have made on the floor today and which the bill in general. This is language we the Board of Commissioners by the amend. I made in the committee.

put in at the suggestion of the Attorney ment made by the first section of this Act Mr. Chairman, I see no objection to

General to meet the objections he made may be delegated by the Board of Commis- adding the additional language. It last year. It is exactly the same lansioners in accordance with section 3 of such makes crystal clear exactly what the

guage and it deals with unfair competireorganization plan. SEC. 3. Nothing in the amendment made gentleman from Michigan and I said

tion and nothing more.

Mr. SPRINGER. I do not believe that by the first section of this Act shall be

con- during the course of the general debate. strued to terminate the Alcoholic Beverage

Mr. DINGELL. I thank my friend, the

is true, and I do not believe the AttorControl Board in existence on the date of gentleman from New York [Mr. ney General thinks it is either. enactment of this Act, and the members of MULTER).

Mr. GROSS. Mr. Chairman, I move to such Board shall continue in office for the Let me say that I was prepared fully strike the requisite number of words. term for which they were appointed.

and completely to rely upon his honor Mr. Chairman, I would like the attenSEC. 4. Section 18 of the Act entitled "An and upon his skill and knowledge in this

tion of the gentleman from New York, Act to amend the District of Columbia Al matter, but in order to make sure that

if I may have it. coholic Beverage Control Act”, approved August 27, 1935 (49 Stat. 903), is hereby re

no court would erroneously interpret or Unfortunately, I could not be on the pealed.

fail to understand clearly the intent of House floor for most of the debate thus SEC. 5. Subsection (e) of section 7 of the

the gentleman from New York and my far. Since the report does not, as most Act entitled "An Act to consolidate the Po- self, this language is offered. The reports do, state the purpose for this leglice Court of the District of Columbia and amendment makes it abundantly plain islation, could the gentleman give me in the Municipal Court of the District of Co- that price fixing, resale price mainte- capsule form the reasons for the legislumbia, to be known as "The Municipal Court nance, or similar endeavor and the en- lation? for the District of Columbia', to create 'The forcement thereof with regard to the sale

Mr. MULTER. During my original Municipal Court of Appeals for the District of these beverages in the District of Co

presentation in support of the bill I inof Columbia', and for other purposes”, approved April 1, 1942, as amended (D.C. Code, lumbia are not authorized by this stat- dicated this was the first review and sec. 11-772), is amended by striking out ute.

ute. And, as a matter of fact, that it revision of this statute since it was en"and" at the end of paragraph (8), by strik- expressly prohibits such activity.

acted in 1934. Throughout the years ing out the period at the end of paragraph May I say to my friend, the gentleman the ABC Board and the Commissioners (9), and inserting in lieu thereof "; and” from New York [Mr. MULTER], that this have found defects in the statute. Inand by adding at the end thereof the follow

amendment meets any objection which stead of trying to take this and correct it ing new paragraph: "(10) any decision of the Alcoholic Bev- the bill if this amendment is adopted. I had to the bill. I am happy to support piecemeal, we have tried to do the whole

job at one time and make it a modern erage Control Board refusing to reissue or revoking or suspending a license issued under The CHAIRMAN. The question is on bill that will meet the situation as it the District of Columbia Alcoholic Beverage the amendment offered by the gentle- exists today and not as it existed in 1934 Control Act.”

man from Michigan (Mr. DINGELL). when the law was first enacted. SEC. 6. This Act shall take effect on the The amendment was agreed to.

Mr. GROSS. Does it not go far beone hundred and twentieth day after the Mr. SPRINGER. Mr. Chairman, I yond the cure of defects in the present date of its enactment or upon such earlier move to strike out the last word.

law? Does it not establish new policies

with respect to handling liquor in the publican or Democratic, the liquor in Mr. SPRINGER. With all the people District of Columbia ?

dustry moves in. It was shown that one that come into the city, if there is a need Mr. MULTER. I do not believe it does. of these appointments was formerly a for this legislation there certainly ought

Mr. GROSS. I note on page 4 of the salesman for the liquor industry in the to be a community expression. Who has report this subhead "false advertising District of Columbia. District of Columbia. This is politics at testified for the bill?

testified for the bill? The only people and sales below cost.” What does the the very lowest level. I am not going to that testified for this bill were the liquor bill do with respect to sales below cost? make any accusations against the Dis dealers. There was one small portion of

Mr. MULTER. It permits anyone to trict Commissioners for what has hap- the bill recommended by others. But sell at any price he pleases, even though pened, but I do want to say the District taking it altogether, the people who have it is below cost, provided when advertis Commissioners do have that responsi- done all the lobbying have been the Dising the product he will have available bility and to allow the ABC Board to be

bility and to allow the ABC Board to be trict liquor dealers. There has not been for the customer the product he adver withdrawn from supervision of the body one single party who testified for the tises at the price he advertises. That is which is responsible to Congress, I think

which is responsible to Congress, I think community that was not against this bill. all we require. is morally wrong.

Is the gentleman going to say that the Mr. GROSS. So it does permit the Mr. SISK. Mr. Chairman, I move to Attorney General is wrong about this sale of liquor at below cost? strike out the last word.

thing? I read into the RECORD today that Mr. MULTER. At any price he wants Mr. Chairman, let me say that the Mr. Katzenbach, who is a very honorable to establish.

ABC Board, under the terms of this pro- person, in my estimation, has consistMr. SPRINGER. Mr. Chairman, will posed legislation, is appointed by the Dis

posed legislation, is appointed by the Dis- ently opposed this bill. The gentleman the gentleman yield?

trict Commissioners, subject to the Dis- from New York has tried in every way Mr. GROSS. I yield to the gentleman trict Commissioners in exactly the same he could to get away from what Mr. from Illinois.

way as the ABC Board in any of the Katzenbach said. Mr. SPRINGER. There is a difference States is responsible to the Governor to Mr. SISK. It is our job to make polbetween the gentleman from New York the extent that he makes the appoint- icy, not Mr. Katzenbach, Bobby Kenand myself on that point, and that is ments, and they can be removed in the

ments, and they can be removed in the nedy, or anybody else. My reason for the point of the language which the same way for cause. So any argument supporting this bill is that I firmly Washington Post pointed out in its edito that this bill removes any responsibility believe there is a need to bring up to rial. There is a difference of opinion. from the District Commissioners is sim

from the District Commissioners is sim- date the Alcoholic Beyerage Control Act There is a difference between the Post, ply erroneous. I beg to differ with my in the District. the gentleman from New York and good friend from Illinois. I know he does

Mr. MATSUNAGA. Mr. Chairman, I myself.

not desire to leave the wrong impres move to strike out the last word. May I say to the gentleman from Iowa sion. I appreciate his position and I

Mr. Chairman, I believe that there is that the real heart of this bill, and it is know his position is sincere. As long

a greater issue involved here than the what the liquor dealers want to do, is to as the District Commissioners have the

control of liquor sales—the issue of home get the ABC out from under the District responsibility which they would have

responsibility which they would have rule. I would like to make my vote de

under the terms of this legislation to pendent upon the answer to this quesCommissioners. That effort has been made repeatedly. I cited the three edito- appoint the members of the ABC Board,

appoint the members of the ABC Board, tion, and I would like to put this quesrials on the ABC Board. That was the

then to that extent you cannot say there tion to the chairman: Will this piece of reason that the Commissioners, imme- is not that responsibility. If these ABC

is not that responsibility. If these ABC legislation mean greater or less home diately when these articles appeared,

members are, let us say, less than proper rule for the District of Columbia ? appointed the blue ribbon committee to in their conduct, as he implies they might

Mr. MULTER. This, in my opinion, be, then it becomes a responsibility to means more home rule for the District make an investigation to find out what be, then it becomes a responsibility to

remove them, and it is a responsibility of Columbia. This is going to give the was going on down at the ABC. They

on the Commissioners. I believe along Board the right to run this Board and got the report. Every time the ABC has

with the gentleman that the District operate this Board and make the regugotten into trouble the Commissioners have moved in and cleared the situation both under Democratic as well as Repub

Commissioners have done a good job lations within the four corners of the up. May I say that under Republican lican administrations but, after all, you

both under Democratic as well as Repub- statute in the interest of the District

lican administrations but, after all, you of Columbia and not in the interest of and Democratic administrations the Dis

cannot disassociate from the District trict Commissioners have been of high Commissioners the responsibility of the interest of the people, the consumers, the

the liquor industry. It will be in the order. The people down there have been

ABC Board. honest, they have been on the job, and

taxpayers of the District of Columbia,

Mr. SPRINGER. Mr. Chairman, will they have tried to do a good job. You

and that is whom they are going to cannot say that of the ABC Board. It the gentleman yield?

serve. For the first time if this bill is

Mr. SISK. I yield to the gentleman enacted, we will be writing into the statis more or less down to the political level,

from Illinois. and these are the people who have to be

ute that the District Commissioners will

Mr. SPRINGER. The important prosupervised by someone because of the

have the right to remove members of the vision of this bill takes away from the Board for inefficiency, neglect of duty, pressures exerted on the ABC for relaxa

Commissioners the right to write the tion of regulations, and no prosecution

and malfeasance in office. That proviregulations. That is the important sion is not contained in the existing of complaints, such as I quoted from one

thing. It transfers the power to write statute, but we write it in to make sure of these articles. Again I say, the heart

regulations to the ABC Board. That is that these men will do a good job. of the bill is to get the ABC 'Board out regulations to the ABC Board. That is from under the District Commissioners. is what I am against. what is wrong with this bill, and that

May I say further, Mr. Chairman, out Then the liquor industry will have a free

of due respect to the men who are serving

Mr. SISK. I might say to my friend on the Board that when the committee run and that is certainly what the edito

this is the very reason I am strongly in rises and we get back into the House, I rial said.

support of this provision in the bill. The will ask permission to put into the RecMr. SISK. Mr. Chairman, will the support of this provision

in the bill. The

District Commissioners in this city I ORD as part of my remarks the biogragentleman yield?

think are overloaded. Mr. GROSS. I yield to the gentleman group such as the ABC Board should be

I think that a phies of each of the men presently serv

group such as the ABC Board should be ing on the Board. They are all men of from California.

held responsible to write the regulations. integrity, honor, and distinction. Not Mr. SISK. I would like to direct a That is what I propose to do under the

one of them has ever been connected question to the gentleman from Illinois.

terms of this legislation. I think the Who appoints the members of the ABC people in the District and the Commis

with any segment of the liquor industry Board? Who are the ABC Board mem

in the District of Columbia or anywhere sioners have a right to hold them rebers responsible to for their office under sponsible to do their job. In the absence else. the terms of this bill? of doing a proper kind of job, certainly

Mr. MATSUNAGA. Then, as I underMr. SPRINGER. The District Com they can be removed. Secondly, I know stand it, the ABC Board members will be missioners appoint the members of the my friend from Illinois will agree that appointed by the Commissioners? ABC Board. There are a lot of politics

There are a lot of politics these regulations can be appealed. We Mr. MULTER. They will continue to in this. When appointment on the ABC set up provision for appeal from their be appointed by the Commissioners as comes up for consideration, whether Re decisions.

the present law provides.

Mr. MATSUNAGA. Who will have the bill. It is preposterous for the Congress Mr. MULTER. Mr. Chairman, I move removal authority?

of the United States faced with a 12- that the committee do now rise and reMr. MULTER. The District Commis- month session this year, faced with port the bill back to the House with the sioners will have the removal authority. problems of taxes, and with problems of amendments adopted in the Committee

Mr. MATSUNAGA. I thank the gen- national security and unemployment and of the whole, with the recommendation tleman.

with problems of resource development that the amendments be agreed to and AMENDMENT OFFERED BY MR. DEROUNIAN and with civil rights legislation and with that the bill as amended do pass. Mr. DEROUNIAN, Mr. Chairman, I all the important national problems be The motion was agreed to. offer an amendment.

fore us, to be wasting an hour or 2 Accordingly, the Committee rose; and The Clerk read as follows: hours here today to decide whether the the Speaker having resumed the chair,

Mr. DELANEY, Chairman of the CommitAmendment offered by Mr. DEROUNIAN: people of the District of Columbia are On page 48, line 5, strike out "shall” and in- to have numbers on their liquor bottles tee of the Whole House on the State of sert “is authorized to".

or to determine what amount is going to the Union, reported that that CommitMr. DEROUNIAN. Mr. Chairman, the

be charged for liquor in the District of tee, having had under consideration the Columbia.

bill (H.R. 8920) to revise the District of purpose of this amendment is merely to make it conform to the existing code

I think the people of this area are in Columbia Alcoholic Beverage Control which allows discretionary authority for

telligent and educated. They are Amer- Act, had directed him to report the bill the Board to waive the application of the ican citizens, and I think the very least back to the House with sundry amendspecial numbering process during the

the Congress could do is give them the ments with the recommendation that holiday season of gift-wrapped merchan- right to set up a city council or a city the amendments be agreed to and that dise. That is all it does. government of some kind to determine the bill as amended do pass.

The SPEAKER. Without objection, Mr. SPRINGER. Mr. Chairman, I

things like dog licenses and liquor lirise in opposition to the amendment.

censes and to settle problems which do the previous question is ordered.

not involve the national interest. Mr. Chairman, may I say to the House,

There was no objection.
In this connection I want to commend

The SPEAKER. Is a separate vote I am certainly not for the bill and I cer

demanded on any amendment? If not, tainly do not want this amendment. I the chairman of the committee, the genrespect my distinguished colleague from tleman from South Carolina, who has the Chair will put them en gros.

The amendments were agreed to. New York, and I do love him and he called hearings on a great variety of

The SPEAKER. The question is on knows that. But there is a serious ob- home rule bills, one of which I am the author. There are probably 20 or 30

the engrossment and third reading of jection to this and I trust my colleague will listen closely so that he may be of these bills that have been introduced, the bill. some of them providing for a great deal

The bill was ordered to be engrossed sure that I have not misunderstood his amendment. I believe I got the context of home rule and some of them provid- and read a third time, and was read the of the amendment. It would eliminate ing for a limited amount of home rule third time.

The SPEAKER. The question is on the numbering now required on all bot

and some of them providing for the Distles. We have had this proposal up for egate in the Congress. These hearings trict at least to have a nonvoting del- the passage of the bill.

Mr. SPRINGER. Mr. Speaker, I offer a hearing before and the liquor industry

a motion to recommit. has tried to get this requirement stricken will start on November 18, and I would urge every Member of this House who

The SPEAKER. Is the gentleman opout. The chief of police came before our subcommittee and testified that on two

has seen the debate here today and who posed to the bill?

feels that we should have some measure occasions he had been able to solve of home rule here to come before the

Mr. SPRINGER. I am, Mr. Speaker.

The SPEAKER The Clerk will reserious crimes in the city of Washing- committee to testify and to let your views

port the motion to recommit. ton because he was able to trace certain be known. We worked out last year a

The Clerk read as follows: people through these identification num

modified bipartisan home rule bill with Mr. SPRINGER moves to recommit the bill bers on the individual bottles. So this

several sponsors on both sides of the aisle H.R. 8920 to the Committee on the District did substantially help in two or three that preserves all the prerogatives of

of Columbia. instances to solve some rather serious

The SPEAKER. Without objection, crimes. As I said, this has been up be- Congress in this field and which would

preserve to the District of Columbia the previous question is ordered. fore us in the committee. The subcom

Committee the right to review legislamittee considered it and we considered

There was no objection. it in the full committee as well. It was I think this is good legislation, and I the motion to recommit.

tion passed by the local governing body. The SPEAKER. The question is on voted down. I do not believe we would

commend it to the attention of my colwant to make a change of this kind in

The question was taken. leagues. When we have, if you look at the law, and if the bill under consider

Mr. SPRINGER. Mr. Speaker, I obation becomes law, we certainly do not this Chamber a year to settle all the ject to the vote on the ground that a want this amendment in the bill.

major affairs of this country and when The CHAIRMAN. The question is on

we waste 30 or 40 or 50 of these hours point of order that a quorum is not the amendment offered by the gentleon legislation of this kind, I think we

present. man from New York [Mr. DEROUNIAN]. do the people of this country a disservice, Illinois makes the point of order that a

The SPEAKER. The gentleman from The amendment was rejected.

Congress is under criticism. We need Mr. UDALL. Mr. Chairman, I move more efficient procedures. We need bet

quorum is not present, and evidently a to strike out the last word. ter to economize our time, and one way

quorum is not present. The Doorkeeper Mr. Chairman, I do not know whether to start is to give the inhabitants of the

will close the doors, the Sergeant at I am going to vote for this bill or not. District of Columbia some measure of

Arms will notify absent Members, and My feelings about the legislation were home rule.

the Clerk will call the roll. expressed by one of my colleagues the

Mr. COHELAN. Mr. Chairman, will

The question was taken; and there other evening back in the back row at the gentleman yield?

were—yeas 258, nays 98, not voting 77, the end of a hard day. We were about

as follows: to vote on a complicated amendment that from California [Mr. COHELAN]. Mr. UDALL. I yield to the gentleman

[Roll No. 192] apparently

one understood. The

YEAS-258 chairman said, “As many as are for the

Mr. COHELAN. Mr. Chairman, I


Bolton, amendment will rise and remain stand- wish to congratulate the gentleman on


Frances P. ing until counted.” Then he said, “As the very fine statement he has made Adair

Beckworth Bolton,

Oliver P. many as are opposed to the amendment and to associate myself as a member of Alger

Andrews, Ala. Belcher

Bonner will rise and remain standing until the committee with his remarks. I am


N. Dak.

Brademas counted.” And my friend said in a kind especially grateful that he has seen fit

Bennett, Fla.

Bennett, Mich. Bray of loud voice, “And as many as do not to commend our chairman for holding


Brock care much one way or the other will rise these hearings.

Auchincloss Blatnik

Bromwell and remain standing until counted.” Mr. UDALL. I thank the gentleman,



Brotzman That is about the way I feel about this and I yield back the balance of my time. Baldwin Bolling

Brown, Ohio

« ПретходнаНастави »