New-York tribune., 1921-04-27
Rum Hunters
Net lOl, Biggest g
Haul i'm a Day
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cedIng the enactment of the new law
becomes criminal offensc punishable
by severe penalties, and this consc-
Quonce entirely without any overt act
or even change of mind as to the
INTENDED use of the prohibited com
modify.
Constitution Violated
person entirely innocent of
wrongdoing before the enactment Of
the new law becomes criminal by
reason Of no act or intention to act,
and only by reason of the enactment
of the law itself. Crimes cannot be
made to rest upon mere passivity.
ut Is not the spirit of our laws and
is contrary to the protection guaran-
teed by our Constitution that the citi-
zens of our state shall be required to
prove their innocence of crime Sub
division 5 of Section 1913 does not
merely establish new rule of evil
cence; it operates to make criminal a
status which heretofore was lawful,
and. in my judgment. is violative Of
the constitutional rights of our citizens
and should not be sanctioned or en-
AOlCeu DV our courts
First Assistant District Attorney
Joab II. Banton, reviewing Justice
Princes decision, said:
1T is true of all laws that person
might be innocent the day before the
law is passed and guilty the day after
passage. If this decision holds, the
same objection can be made to the
Sullivan firearms law, the narcotic law
and others. | do not think the decision
will be upheld. 1t is common oc-
currence in legislation that thing
lawful yesterday becomes unlawful to-
day." ..s,t.tu sx asStg
Robert S. Johnstone, the head of the
appeals bureau and the legal star of
the District Attorneys officers. said
referring to Justice Princes decision:
"lt is all nonsense"
Jury Acquits
Before County Judge Nav. in Brook
lyn, Joseph Farrell, 81 Ralph Street,
an ex-saloon keeper, was given the first
jury trial on liquor complaint. The
jury acquitted after one hours delib-
Grafton. The alleged violation com
prised the posse ssion Of a small bottle
OF whisky. Judge May said to the
jury:
Il am not in the least surprised at
your verdict. If the defendant were
to be convicted on testimony as weak
as this then it would be unsafe for any
man to try to defend himself before a
jury.
Il know that grand juries are taking
exception to some of the activities OF
the police in the arrests they are max
ing for alleged violations of this new
enforcement act. There are some fea-
tunes of this law that are very dis
tasteful to our citizens. l am satisfied
however, that the police are only try
ing to do their duty. But there is one
thing the American people will not
tolerate. and that is an invasion Of
their personal rights. To me there is
no doubt that, where there is the least
shadow Of doubt, juries always will
acquit these Defendants"
Statistics furnished in Brooklyn yes
terday showed that eight out of forty
four cases of alleged violations of the
Mullan Gage act submitted to the
Kings County Grand jury had been
dismissed
Dr.. Frank Perkey, formerly of Kings
County Hospital, now Of New York
Eye and Ear Hospital, was held under
$500 bail yesterday by Magistrate Jo-
seph Z. Corrigan for alleged liquor law
violation. He was arrested while carry
ing suitcase in which were two
bottles of liquor, which, he said, were
for medicinal purposes.