The Richmond Virginian. (Richmond, Va.) 1910-1920, 1916-06-10
BREWERY LOSES IN
FIGHT TO AID WET
CAMP IN MICHIGAN
Divided, Upholds Ruling of
Lower Tribunal.
WILL NOW HAVE TO
FACE LAWS PENALTY
Lansing Brewer Is Held Guilty OF
Contributing $500 to the Liquor
Forces In Option Elecuon--Points
Under Decision.


Under Decision.
Lansing. Mich, June 9.--The con-
vlction OF Jacob Gansley, manager of
the Lansing Brewing Company. for a
violation of the corrupt practices act
In contributing $500 of the corpora
TONS money to a wet fund IN a local
option fight in Ingham County was
upheld by the Supreme Court.
Gansley will now have to be sem
fenced. AS to the effect of the cor
rupt practices act decision on local
option elections in general and on
the Statewide prohibition election
next fall in particular, however the
action of the court 10 not conclusive.
Gansley's defense was that the law
did not apply to local option elections.
Four of the justices of the Supreme
Court, LED by Justice Flavius L.
Brooke, of Detroit, say that Cans
ley's contention was right: the four
others, led by Chief Justice Stone, OF
Houghton, say he was wrong. Be-
cause the high court is evenly split
on the question. the decision Of the
Ingham County Circuit with Judge
Charles B. Collingwood sitting is
merely affirmed.
Had the decision been that the law
was unconstitutional. the even split
would have made that contention
good.
Court Is Evenly Divided.
Chief Justice Stone wrote the opin-
ion that the corrupt practices act
covered local option elections, thus
approving decision of Attorney
General Fellows several months ago.
Justice Brooke wrote one that holds
precisely the opposite. In the Stone
opinion Justices Moore. Steere and
Persons concur. and in the Brooke
opinion Justices Bird, Kuhn and Os-
trander concur.
Justice Stone says: TN our opin-
ion the voting upon proposed con-
stitutional amendment or upon the
question of local prohibition Is az
much an election as is the voting for
candidates for office. AS to the fun
damental principle involved in oon-
structing that intent We should CON-
slider not only the remedy expressed.
but the evil sought to be reached.
That partisan zeal and spirit are as
intense when canvassing and voting
upon the question of local prohibit
ton of the liquor traffic as when can
wasting and voting for candidates for
office, is too evident to need discus
deemed such reasons sufficient"
In answer to the argument Of Cans
ley's attorneys that the law violated
the due process of law section of
the Federal constitution. Justice Stone
says:
The power Of the State in dealing
with crime is not limited by the
fourteenth amendment provided that
particular persons or classes are not
4 4n3 4,,~
| tice."
Then follows reasoning that be-
| cause all corporations were included
| in the prescribed list of contributors
the law Is good.
Brookes Opinion.
The opinion of Justice Brooke in
sists that inasmuch as the law La one
which carries a penalization. 1t must
be construed literally. and. therefore.
because local option elections are not
mentioned, 1t does not cover them.
Justice Brooke says:
| I'VE have held in a great number
OF opinions that penal statutes must
be literally construed. In other words
that the liberty or property of the
citizen shall not be taken from him
except for the violation of a statute
which lie plain in it's provisions.
| Il have read the title and the en-
| tire act under constd era0on with great
care and l am convinced that 1t was
not the legislative intent to include
local option elections. II this Is the
impression created in my mind by a
perusal OF the title and the act 1t
seems entirely reasonable to believe
that respondent (Gansley) may have
honestly acted under a similar i'm
preston.
| mo citizen should be subjected to
fine and imprisonment for the viola
ton OF q statute which 10 open TO so
serious q doubt as to its application
as the one under consideration"
| The effect of the decision on the
Statewide fight is questionable from
the capitol angle. Under the opinion
Of the court the vets might be Justi-
fed in going ahead and disregarding
the law. They might raise the ques-
ton in some other circuit and Cir
cult Court Judge under those opin-
ions would be justified In holding
with Justice Brooke.
Grant M. Hudson. superintendent
Of the Michigan Anti-Saloon League.
was disappointed.
ut will make no difference to us
| in the Statewide fight" he said. "for
the reason that we have been plan
ming all along to obey the law in that
contest in every particular"