The Birmingham age-herald., 1916-10-08
City and County Both Get Them for Each Sep-
 arate Offense
THEN THEY PAY
 INTERNAL REVENUE
Contention Is Now Made, However, That Juries Are Not as Strict as They Have Been Heretofore
By RICHARD F. LUssIER

Owing to the activities of the prohibt- tion law enforcers at the courthouse, the blind tigers and bootleggers are being given touch of what in sporting par lance Is known as "high life.'
 That is they are being arrested and fined twice for the same offense and to cap the climax the United States govern ment then steps in and collects a revenue license of s25 if a conviction has been secured.
 It is stated by officials in the solicitors office that the city detectives go out on a raid and secure sufficient evidence to arrest some well-lSnown blind tiger. and a trial and conviction in the re- corder's court follow. After the fine has been paid, or even if an appeal Is taken. deputy sheriff then proceeds to swear out warrant charging a violation of the state prohibition law and the hapless blind tiger keeper is haled up to the criminal court for trial.
 TWO SEPARATE OFFENSES In such cases pleas of former jeopardy are entered, but are overruled. The theory is that the city has ordinance | forbdding trafficBing in prohibited liquors
 
 ton of the city ordinance, and then again it is a violation of the state prohibition law. Thus for the commission of one offense the legal authorities of Jefferson county and the city of Birmingham are prosecuting alleged violators twice, and with vigor. Incidentally, If conviction is secured, and the United States revenue office hears of it, they immediately pro- ceed to collect $25 for license, as the conviction is pointed to as prirna facie evidence of trafficking in spirituous liquors.
 However, the vigorous prosecution of the blind tigers is stated to be meeting with only lukewarm sympathy on the part of the juries. Where the jury is informed that the prisoner at the bar has already been convicted and fined for the offense he is being tried for. they usually bring in verdicts of mot guilty to the despair of the prosecuting officers.
 It is also stated that if a conviction is secured by jury following another con- viction for the same offense in the re- corders court and it is appealed and carried to the supreme court this prac- tice of Zealous prosecution will be or dered discontinued.
 At the present time no appeal has been taken to the supreme court, owing to the fact that only the poor and ignorant and the negroes are being prosecuted. JURlES NUT SO SEVERE While prohibition leaders are express ing themselves as perfectly satisfied with the vigorous administration of the laws under their direction. other citizens and attorneys make the statement that the juries are not as severe as in the past in convicting on alleged violations of the prohibition law. According to the more liberal element the prohibitonists are killing their cause by over prosecution tc such an extent that juries are be- ccming more and more indisposed to con- | vict. l Realizing the dangers of drastic prose cution, judges. will mol pros cases of violation of the prohibition law unless there is abundant and convincing evil | dence to convict, and the violator is we'll known offender. On merely tech nica1 violations where, if pushed to trial, l it will have the effect of discrediting the prohibition law. the judges are brushing | such prosecutions aside.