Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1921-06-09
JUDGE WILSON SAYS
BOSS JACKSON MUST
Be TRIED BY STATE
CAN SEE NO CONFLICT BE.
TWEEN DEAN LAW AND
V0LSTEAD ACT

US WV Wv ''"''
n"' NEUTRALITY-SUSPICIOUS. ne'weeh w" Own
INV W T"A"n ana inc N"'r""" "e' W
o"nsrcsr' ou' cNl"'sshs me opinion
,n", wh'h Tue issue re"'hos Tue hi'ou
S'a'"s supreme court Wcn,".'H "i 'ha'
mhS WIN uiIidc ON w. Judge James
wilson TUESDAY denied the hpplica'lon
:" hoHs Jh'k"n iuf transfer oi MIS- case
'run s"" !" ""'r"' court
INC "h" p''s'h'H w''"uh Hu"nu"h,
t'iu 'h' 'eucfh luuso' bui ne predicted
'nh, whch pu' w ~ the supreme cour,
Z" lhe mhu, u majority ~ that tribunal
WI, n"'u WIN mn, that there is no CON
rue, between the Two laws.
~" w'l'Nn opinion was prepared ny
Va" court hut IN verbal announcement
IRON the h'nch the question ~ removal
~ criminal ease from state 10 led
rrh' court under the circumstances was
imSscd ana the application denied On
the ground That the validity ut our
htat" prohibition law known nv the
Dean act, IN not affected by any diitrr'
cnccs between u ana the national pro.
hihition law known IN the Nolstead
act" u scc No conflicts or inconsist
-nclcH between the two laws the court
nid, nnd continued,
THE Nolstcad Act In case NJ conflict
N undoubtedly supreme, and az held by
the supreme Court certainly no state
prohibition law would be invalid unless
IL attempted tn authorize M sanction
something prohibited by the national
law, The Dean law as view I, dues
not attempt a. validate. authorize ~
sanction any act denounced as an oi'
icnsc hy the Nulstcad Act, The states
hy the Eighthccnth Amendment, sur
rendered all of their power Ia license
az permit the traffic IN Intoxicating II
uuurs Tor beverage purposes hut none
1T their power tn stop u, They have
all IN. power they had prior To- the
adoption ~ the Eighteenth Amendment,
I de- not believe II IN necessary Tor them
IL pass pruhIhition laws subsequent to
the aduptlon VI the amendment. I he.
licvc their original prohibition laws may
he cnfuVcd as long IN they are not In
conflict on inconsistent with the federal
law, 1 oven believe they win avoid
sumo difficulties II they stand upun
their original prohibition laws aud for
the enforcement of them. The fact that
the Dean law provides a greater pun.
ishmcni for a given act than does the
Nols,ead Act. certainly shows no con.
flict Nor In there amy conflict az In.
consistency on account II the difference
IN percentage of alcohol required to
-onsti,atc a liquor mtnxicatlng. The
two laws are merely no, exactly alike
IA this respect, hut neither law Ii TO
pusnant IT,. ~ dcf,a,s the other.
"Thc states hy the second section ~
the tagh,ccnlh Amendment expressly
reserve to themselves the power Ia AZ
,umplsh the objects u the Eirh,ccnth
Amendment, by appropriate lcgislatiun,
II might hc said by this sccond scc,lon
they said tn the federal government,
we w~rvc the right H. help .x,inguish
this trc,' To hold that the hcan law
II invalid hc,ausc II provides tina, the
unlawful rosscssiun vt liquor shall I've
u fclony punishable hy contincmen, IN
the cnitcn,nrN, while the N"lstcad Act
makes II a mls'icmcanT aud puntshahlc
hN finc Wt cNcccilns ss""' Would I've w
-ifcc, the Ru>crnncn, anSwcrins' YES
Non maN hclp pa, ou, this inv, rroNld
ID yuu d. not u.s. Ia" much water W AZ
tempting H. ~, II cut u shcr'i'
aud his deputy =" cut I" Mrcs, msn
aud ina, " their s'c PURPOSE thcw "
nu,hn. m"nsis,'n' anu omir u w
'wnillc, 10y rrasun ~ IN" "c' INA, m'
dru,N may !" mo'" s'rrmu"us IN h's :"
i"r,S aud may w"N harmr !" "''"n
Mish their c"nnon ann IMAM ""s W'
shc'iii hnnsru' y" Is 'hc'c ahS.hhl
inconsistent between the action ~ u'