Statement submitted by-Continued Scharffenberg, W. A., executive secretary, American Temperance Short, J. W., executive secretary, Florida State Council of Brewery Tipton, S. G., general counsel, Air Transport Association of America, Tobin, Fred A., International Brotherhood of Teamsters, Chauffers, Weil, Gilbert H., general counsel, Association of National Advertisers, Letters and telegrams from Aatgaard, Rev. J. A., the Evangelical Lutheran Church, 408 Fifth Babson, Roger W., 370 Washington Street, Wellesley Hills, Mass.. Boggs, Wade H., executive secretary, board of annuities and relief, Brooks, Mrs. Frank G., president, Woman's Division of Christian Buchman, Henry J., general counsel, two letters in behalf of Vermouth Carrington, Jr., R. A., publisher, Los Angeles Examiner, 1111 South Chappell, Matthew N., chairman, psychology department, Hoffstra Cloward, Donald B., executive secretary, Council on Christian Social Crain, James A., executive secretary, the United Christian Missionary Page 72 177 368 369 197 289 158 159 139 159 160 370 371 79 160 161 162 162 Finney, Gerald C., assistant general solicitor, Association of American 371 163 307 Ghiglione William J., president, New Jersey Vintners Association, 292 372 Greene, Francis T., executive-vice president, American Merchant Marine 373 105 Jones, Dr. E. Stanley, missionary, District Naini Tol U. P. India. 163 164 105 Laubach, Dr. Frank C., 156 Fifth Avenue, New York 10, N. Y 164 164 McKay, David O., president, Church of Jesus Christ of Latter-day 164 373 Murray, Hon. Johnston, Governor, State of Oklahoma, Oklahoma 165 Letters and telegrams from-Continued Page Owens, William T., chairman of the board, telegram in behalf of the 373 Oxnam, Bishop G. Bromley, of the Methodist Church, 110 Maryland 165 Peale, Dr. Norman Vincent, Marble Collegiate Church, Fifth Avenue, 166 Renz, James E., General Brotherhood Board, Church of the Brethren, 22 166 Riggs, R. M., general superintendent, the Assemblies of God, 434 West 166 373 374 99, 101, 106 167 Storer, Dr. J. W., the Southern Baptist Convention, Tulsa 3, Oklahoma.. 167 Wyker, Mrs. James D., president, National Council of the Churches of Christ, 156 Fifth Avenue, New York 10, N. Y... 168 Reports from Civil Aeronautics Board, letter dated May 28, 1954. Comptroller General of the United States, letter dated April 23, 1954- Federal Communications Commission, letter dated June 2, 1954. LIQUOR ADVERTISING MONDAY, JUNE 21, 1954 UNITED STATES SENATE, SUBCOMMITTEE No. 6 ON BUSINESS AND CONSUMER INTERESTS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, Washington, D. C. The subcommittee met at 10:01 a. m., pursuant to call, in room 318, Senate Office Building, Senator William A. Purtell, chairman of the subcommittee, presiding. Present: Senator Purtell (chairman of the subcommittee). Also present: Robert L'Heureux, subcommittee counsel; Edward Jarrett, assistant chief clerk. Senator PURTELL. The hearing of the Subcommittee on Business and Consumer Interests will come to order. Without objection, a copy of S. 3294, introduced on April 14, 1954, by Senator Langer, and the agency reports upon this measure will be inserted in the record at this point. (S. 3294 and the agency reports are as follows:) [S. 3294, 83d Cong., 2d sess.] A BILL To prohibit the transportation in interstate commerce of advertisements of alcoholic beverages, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be unlawful for any distiller, brewer, vintner, manufacturer, wholesaler, or retailer or for the agent, broker, or factor of any of them, engaged in the sale of alcoholic beverages to cause to be transported in the mails or otherwise from any State or Territory or the District of Columbia to any other State or Territory or the District of Columbia any newspaper, periodical, news reel, photographic film, or record for mechanical reproduction advertising alcoholic beverages or containing the solicitation of an order for alcoholic beverages. SEC. 2. It shall be unlawful for any publisher or for the agent of any publisher to cause to be transported in the mails or otherwise from any State or Territory or the District of Columbia to any other State or Territory or the Dis. trict of Columbia any newspaper, periodical, news reel, photographic film, or record for mechanical reproduction advertising alcoholic beverages or containing the solicitation of an order for alcoholic beverages. SEC. 3. It shall be unlawful for any common carrier or for any private carrier for hire to transport from any State or Territory or the District of Columbia to any other State or Territory or the District of Columbia any newspaper, periodical, news reel, photographic film, or record for mechanical reproduction advertising alcoholic beverages or containing the solicitation of an order for alcoholic beverages. SEC. 4. It shall be unlawful to broadcast by means of any radio station for which a license is required by any law of the United States, or for any person operating any such station, to permit the broadcasting of any advertisement of alcoholic beverages or the solicitation of an order for alcholic beverages. SEC. 5. No letter, postal card, circular, or pamphlet of any kind containing any advertisement of alcoholic beverages or a solicitation of an order for alcoholic beverages shall be deposited in or carried by the mails of the United States, or be delivered by any postmaster or letter carrier, when addressed or directed to any place in any State or Territory of the United States, or the District of Columbia, at which it is by the law in force in the State or Territory or the District of Columbia at the time unlawful to advertise or solicit orders for such beverages. SEC. 6. When applied to any advertisement or solicitation of an order, the term "alcoholic beverages", as used in this Act shall be construed to include any spirituous, vinous, malted, or other fermented liquor, or any compound containing any spirituous, vinous, malted, or other fermented liquor fit for use for beverage purposes as defined by the law of the State or Territory or District of Columbia into which such advertisement or solicitation of an order may be transported. The Postmaster General is authorized and directed to issue annual bulletins or notices given the names of the States in which it is unlawful to advertise or solicit orders for alcoholic beverages. SEC. 7. Any person knowingly violating any of the provisions of this Act shall be fined not less than $100 nor more than $1,000 or imprisoned not less than six months nor more than one year, or both; and for any subsequent offense shall be imprisoned not less than one year. CIVIL AERONAUTICS BOARD, Hon. JOHN W. BRICKER, Chairman, Committee on Interstate and Foreign Commerce, United States Senate, Washington, D. C. DEAR SENATOR BRICKER: The Board has been asked for a report on S. 3294, a bill to prohibit the transportation in interstate commerce of advertisements of alcoholic beverages, and for other purposes. The bill would make it unlawful to transport in the mails, or otherwise, from any State or Territory or the District of Columbia to any other State or Territory or the District of Columbia, any newspaper, periodical, news reel, photographic film or record for mechanical reproduction advertising alcoholic beverages or containing the solicitation of an order for alcoholic beverages. The specific application of the prohibitions of the proposed law to common carriers is provided in section 3. It is apparent that the main objective of the bill is to limit the public advertisement of alcoholic beverages as a matter of governmental policy. We do not wish to offer any comment on the board objective of the bill. We do, however, wish to call your attention to certain features of the bill, as it is now drafted, which we believe would require clarification, were the bill to receive favorable consideration. Under section 3 of the bill, as drafted, the interstate transportation of advertisements of alcoholic beverages is made unlawful irrespective of the carrier's knowledge or intent. This is at variance with section 7, which provides punishment only in the case of knowing violation. While the provisions of this last section would free the carrier from criminal penalties for unknowing carriage of prohibited materials, it is not clear what effect the unlawfulness of the transportation under such circumstances would have on the carrier's possible civil liability. Therefore, we suggest that if favorable action is taken on the bill, section 3 of the bill be amended by inserting after the word "hire" on page 2, line 12, the word "knowingly". Such an amendment, we believe, would be fully in conformity with the intent of section 7. The Bureau of the Budget has advised that there is no objection to the submission of this report. MY DEAR MR. CHAIRMAN: I have your letter of April 15, 1954, enclosing copies of S. 3294, Senate Joint Resolution 148, and H. R. 6870, 83d Congress, and inviting any comments this Office may care to offer concerning these proposed measures. S. 3294 is entitled “A bill to prohibit the transportation in interstate commerce of advertisements of alcoholic beverages, and for other purposes." The General Accounting Office has no information as to the need for or desir ability of the proposed legislation and, therefore, I make no recommendation with respect to its enactment. |