Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1920-12-06
$4,000 FINES
IN BOOZE CASES
81 Dealers Sentenced to Pay
Heavy Fine Before Judge
DAILY in County Court today
CALLED FIRST OFFENSE
Second Charge Will Result in
Prison Sentence, Court De-
cIareS; As Well As Fine.
BY staff Correspondent.


fore Judge DAILY in the county court
this morning to be sentenced on an
indictment of illegally selling liquor
without a license in quantities of
less than a quart. After the judge
had told the defendants that the
Volstead law enforcement act were
laws of the land, he stated that for
the second offense everyone will re-
ceive a prison sentence In addition
to the fine. For the first offense the
defendants were fined $1,000 each.
In passing sentence on the Defend
ants Judge Daily made the following
statement:
prohibition against the sale of
Intoxicating liquors is matter of
The very organic law of nations. This
is part of the constitution of the
United States of America. That, in
itself, leaves all question as to the
observance of the law answered
completely in favor of the observ-
ance of it's law. Since America is
a nation of laws, and not of men,
substitution of a mans personal
opinion as against the very funda-
mental law of the land is nothing
less than anarchy.
"Unqestionably a very substantial
percentage of the people of the
United States were opposed to the
enactment of this constitutional
amendment. that, according to the
supreme court of the United States,
that amendment was adopted in the
manner provided by the instrument
itself, and therefore, every law abid-
ing American citizen was bound to
it's faithful observance, regardless of
his personal desires or personal
judgment.
ITO enforce this amendment, to
the basic, legal instrument of our
government, an act known as the
Volstead act was enacted, which.
among other things, declared what
should under the law be intoxicat-
ing liquors in fact.
"The supreme court of the United
States declared the law to be consti-
tutional and it has been on the stat
ute books long time comparatively
speaking. Notwithstanding that
fact, we find that here. in the his.
toric county of Middlesex, the grand
jury of our county have. In the face
: Of the evidence, found over fifty in
lividuals guilty of ignoring the con-
vt.tution of the United States and
HE act enacted to enforce that con-
btitutlon, and of that number of in
hictments, about forty of the men
indicted saw that the indictment is
based upon the truth and the fact.
and these men are now to be sem
fenced by me because of violation
Of the fundamental law of the land:
ecause that is what it Is in fact, for
he law has declared that there can
OF be a dealing in Intoxicating Ii
lors, and our state law, under
which these indictments are found,
makes it a misdemeanor for anyone
} sell intoxicating liquors without
license.
The court might theorize and
speculate upon the reason for this
condition, and would do so openly,
if there could be any virtue to it at
this time. The court might conjec-
: ture some eXtenuation for this con-
dition because of the fact of en-
couragement upon the part of local
authorities-because this condition
: could not exist unless there was at
least a severance on the part of To-
cal authorities.
The court might conjecture that
there was extenuation because of
the sentiment of the majority in
particular sections, but it would be
frightful to see here in America,
that the mere sentiment of personal
desire as to the appetite is para
mount to the very structure of law
upon which our whole government is
built.
The law is here to stay until it is
changed in the way provided by law
and must be observed In this coun-
ty. Prohibition is a matter of fact
as well as law in this country. and
no matter what our personal opin-
ion may be about it, it is here. A
man that flies in face of it as a mat
ter of business is flying in the face
of everything that in its genius goes
to make as true America the su-
premacy of the law. These individ-
luals have given us a great deal of
concern. These are in cases where
man succumbs to sudden tempta-
ton and violates the law.
1.-THE violation has been done
with knowledge and has been done
with deliberation and in some cases
In my judgment with deliberate
contempt for the very institutions
and laws of our country. Yet this
character of offense has seemed to
have been general throughout this
section of the country. There seems
10 have been applause upon the part
Of some that the offense was being
constantly consummated. Regard
less of what my personal opinion or
the personal opinion of anybody
might be that law like every other
law is above me as court judge on
the bench and just as much as it is
on the man on the street. All l
know is the law when it comes to Q
question of whether it is to be OBJ
served or not as far as the dis
charge of my duty is concerned.
The measure of punishment for the
VOCATION is within my conscience
and my judgment as to what is right
from all the circumstances. l have
,aid that prohibition is here through
our very constitution and l said
that that applied to Middlesex coun-
ty. | have practically concluded to
cave these men from the infamy of
Imprisonment on this their first Of
Tense.
80 far as 1 have knowledge and
I have no right to think what is out
tide of what is before me in court.
That is these men having been
nm guilty instead of attempting TO
add machination possibly pull
through a trial in getting away from
their violation of the law. l am con-
sidering that strongly in their bal
ance but l want to say right now as
matter of honest positive notice
that for the second even though
these men have come and openly
acknowledged their first offense, if
am here charged with the duty OF
sentencing there will not only be a
fine but there will be added the in
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