The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1921-02-11


these cases have been nominal. In
his discretion, he has right to
place such fines on offenders pleading
guilty in his court as he thinks just
but he has no right to find fault with
the officers of the law for performing
the duties of their Office and arrest
ing offenders. The law which they
are under oath to enforce demands
this of them and Judge Sheppard has
no right to say the law nay.
But the Judge does not stop at this
The Atlanta papers say that the
thdge stepped down from the
bench" for a little while one evening
this week and "as a private citizen
discussed the Volstead act, claiming
that it's provisions were too drastic,
and that the law should permit the
sale of light wines and beer, which
he does not think detrimental to the
good health of the community.
When a Judge "steps down from
the bench" to criticise the law which
he is sworn as a judicial officer to
enforce, and when he undertakes to
give a slap at the prosecution of cas-
es being tried before him under a
penal statute he is sworn to enforce,
we think it is is very good time for
him to stay down. He should 60 back
to Florida and run for the legisla-
ture, or congress, and let the people
give him what is coming to him. At
any rate he should realize that he
cannot be the interpreter and en-
forcer of law which he denounces
as a private citizen. A judge on the
bench is not expected to either make
laws, or to pronounce on their ad-
visibility. His duty is the interpreta-
ton of the laws in the first place and
the administration of the laws as
written in his court. When he at
tempts the role of the street polite
ian he discredits the high office he
holds.
After denouncing the Volstead
Act and after saying that it does not
represent the views of a great ma
jority of the people of the country,
Judge Sheppard next discredits. his
own testimony by declaring that pro-
hibition is here to stay and that
more teeth" will be put in the law.
"Teeth" may be put in the law only
through the representatives of the
people of the United States, and
these representatives in Washington
in the past have not been quick to
outlaw the liquor business. 1t is only
in cases where the overwhelming
sentiment Of the people has de-
manded it that restrictions have been
placed on the liquor business. If
"more teeth" are to be grown in
the prohibition business it will be be-
cause the people demand it.
The contention of Judge Sheppard
that light wines and beer might be
sold without detriment to the people
of the United States is the argument
of the liquor gang who know that Ii
quor cannot be sold again in the
United States. Failing to get a whole
loaf they ask for half loaf through
the law, expecting to get the other,
half by violations of the law made
possible by the light wines and beer
proposals. Former President Taft,
who is not a prohibitionist, has de-
clared that this would be the result.
Mr.. McAdoo says: "To permit the
sales of light wines and beer is to
open a crack in the door Of preven-
ton, and once the crack is open the
door is wide. 1t would be impossible
to administer a beer and light wine
law in such manner as to prevent the
gravest abuses. The breweries and
wineries know that the prohibition
amendment will be a dead letter
once a beer and light wine law is
passed." And so know we all.
Private citizen Sheppard after he
stepped down to talk as private citi-
zen and while he was private citi-
zen evident1y pot thirsty