South Bend news-times. (South Bend, Ind.) 1913-1938, 1918-07-09


tain whether or not the been disposed Of
whereupon trusting TO the judges falsify
his record that the actions may appear alive
for contempt p1rposes-allow quote that
preamble (Sec. y;
BE- enacted by the general assembly OF
the state Of Indiana. that this act shall be
deemed an exercise Of the police powers of the
state for the protection OF economic vel
fare health peace and morals of the people
and an OF its provisions shall be- literally con
strued for the accomplishment OF that pur-
pose"
Judge public VIII please observe from THIS. that
this law was passed for the protection economic
welfare. health peace and morals the people"
for the protection of the economic degeneration,
disease dsquiet immortality Of eN-saloon keepers
or boot-eggers That the evidence presented Judge
Gnmer was at least presumpt,e Of guilt get this:
sec 20 within 10 days after the date
when this mas become operative, every
person except licensed pharmacists, wholesale
druggists, manufacturing chemists or public
hospitals shall remove cause 70 be removed
all Intoxicating liquors in his possession from
the state and failure 10 do shall be prima
facie evidence that such liquor is kept therein
for the purpose OF being sold, bartered,
changed, given away, furnished or otherwise
disposed Of in violation OF the provisions Of
this act" etc.
Get that presumption of guilt "Prima facie evidence
rebuttal: preponderence OF proof the part
the party whom it operates that things were
not what they seemed to be. In other words the de
PENDANT in such is guilty until he is proven
innocent; the civil law rule, contrary the common
law rule of evidence under which Indiana in most
operates. The purposey changed the general
rule OF law. il anticipating galaxy OF judges.
ures and prosecutors. anxious TO acqu than to
convict vioators of the act only exceptions this
rule now approved by the supreme court. within the
provisions of the law Csec. 35),-are that it
shall not apply to alcohol kept for chemical
manufacturing purposes, or TO one gallon
of Intoxicating liquor other than beer or II
quarts OF beer, all wine manufactured for
his own domestic consumption kept in his
home for domestic use held by individual
Six quarts OF whisky more than gallon four
quarts) of Intoxicating liquor We trust the learned
Judge will be able TO figure that OUT and, that pint
bottles beer are than quarts The former is
the amount Of whisky taken Coey the latter
the amount Of beer sequestered from Pepper" OF
course, Cofey said he didn't know it there. and
Pepper" was merely considerate OF his sick mother
having around; evidently sufficient Judge Gil
mer's judicial mind to overcome the "prlma facie"
evidence Of guilt, by several leaps
We have not gone into the technical intricaces Of
these proceedings, and it be that down, the
arrests were made, the prohibition law but
some former bnd-tiger of the legislature which
would retain the old rule of evidence Ghis may have
been done. the tendency of the case as
the or the dry law, at the time
rests were made such the case. withdraw
all crtcism-eXcept 10 commend it to both the judge
and prosecuting attorneys office that the law has
been upheld and henceforth prosecutions under the
prohibition Will quite safe Under judicial
distinctions regarding the economic welfare,
health peace morals OF the people" first this law
may also prove somewhat easier get convictions
der than under previous enactments with kindly
consideration for the violators.
And furthermore sure as there is an official South
Bend take notice, there will gradually develop an
insistence that 1hs prohibition enforced fur
thermore. upheld by the supreme carries an
impeachment provision sec. So TO assist the public
in getting rid of officials. state. county township
municipal" including the police who shall fail re-
fuse neglect discharge any duty imposed upon
them by the law. Being omni-partisan enactment
which neither of the political parties Indiana
dared indorse.-it makes distinction ID the
partisan complexion of those officials who perhaps
themselves. regardless Of party, whole lot OF
embarrassment by getting the angle of the as
above quoted from Sec l. into their Heads
The time eventually going VIXEN the
economic welfare. health, peace and morals Of the
people" Will ask for some consideration.
r1o