Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-02-20
Public Opinion on Iowa Subjects
as Reflected in the Iowa
Newspapers.
The News Of Iowa From Hun.
dreds Of Different Towns
and Communities.
JUSTICE BREWER ON PROHIBI.
vrOI3v- n 44yvc

TORY LAWS.
[Cedar Rapids Republican,
In the course of general denuncia-
ton of the jury system as it obtains
today, Justice Brewer of the United
States supreme court referred to pro-
hibitory laws as being the most certain
Incentive to perjury known, in that
most witnesses and jurors parIey With
conscience and allow their objections to-
the law to influence their attitude.
Commenting further upon this topic,
Justice Brewer said:
don't mean to say that sometimes
the people may be made good by sta
tutes or ordinances, but do wish to
say that when a city passes an ordl-a
nance. it is the duty of its residents to
uphold it,
This last observation by Justice
Brewer cannot be gainsaid But the
learned justice would probably have TO
admit that in attempting to enforce a
certain class of laws, officials have to
contend with law superior to any sta
tute, to-wit, the law of human nature.
Whenever a legislature passes a law
that is contrary to public sentiment,
the evil practices and results Indicated
BY Justice Brewer are bound to follow.
That was demonstrated very clearly in
Iowa during prohibition times. Never
in the history of the world was there
q more strenuous effort made to enforce
a statute than was made in Iowa en-
force prohibition. Enforcement leagues
were formed; liberal subscriptions were
made to the treasures OF these organ
cations; the Very best legal talent was
employed, but there was everywhere the
same results.
Sometimes failure was met in the
Igrand jury room. In spite of the most
Overwhelming evidence furnished TO thu.
grand jury they permitted their objec-
tions to the law TO rule their conduct,
/ and ..no bills" We're returned IL in
d!ctment resulted there was usually
| failure before the petit jury. The mem
CRY of the witnesses usually failed.
They usually knew something had been
drank but they did not know what. 1t
might have been beer or whisky but
happened the witnesses Were straight,
1.-THE petit jurors in whole or in part ere
Influenced by their opinions of the law,
and many a man clearly guilty of vio-
iationso of the statutes was allowed to go
II seot Tree Wy ,tite Jul ~, " PisAStASoAlS ~
Thru disagreement.
After a few years of this sort OF ex-
perience. it became impossible in many
Communities to elect officers who would
make any pretense at enforcement, and
when this kind of procedure had gone
Lon sufficiently long to disgust the peo-
pie. all efforts at enforcement We're
abandoned, and finally the laws was
Igiven up as a failure
The debauchery OF the public con-
science growing out of such an expert
lence is terrible to contemplate. W.
do not know of any way TO remedy it
4 once the initial blunder is committed
The wise thing to do is TO seek to avoid
the enactment of legislation that vii
surely lead to these practices. 1t has
been thoroughly demonstrated that
terminal statutes are not proper sub
jects for political discussion and un-
Hess ii be known that a statute or an
Iordinance will be sustained by public
sIlopinion no attempt should be made to
siidraft tt.