The star-progress. (Opelousas, La.) 1917-1921, 1921-01-05
SUPREME COURT
SAYS BEN GREEN
SHALL GO FREE
Opelousas Negro Convicted
for Bootlegging Wins
On Appeal
DECISION HAS FAR
REACHING EFFECT
State Courts Evidently Have
No Jurisdiction in Liquor
Law Violations

The defense won last and final
blood Monday when the supreme
court Of Louisiana, in the case of the
State VS.. Benny Green reversed the
Judgment of the district court for the
parish of st. Landry and ordered the
defendant released from custody. The
defendant, Benny Green, Opelousas
colored man, was represented by Hon.
Peyton R. sandoz of the local bar.
At the last sitting of the parish
grand jury, on evidence presented, in
dicted Benny Green on the charge OF
selling lieuor without a license. The
case was brought to trial in district
court and the defendnt was found
guilty and sentenced to pay a heavy
fine and serve six months in the par
ish jail, and in default of payment Of
! the fine to serve six months additional.
The case went to the supreme court
o nappeal, and the attorneys. brief
was short but strictly to the point. He
| stressed that with the adoption of ma
tional prohibition and the passage of
national enforcement laws the state
stauets were automatically suppressed
ed and that violtions of the law
should naturally be prosecuted in the
federal courts, the state courts not
having jurisdiction. Louisiana was a
wet state before the adoption OF
national prohibition and the legisla.
ture nd not passed any law or laws
on the subject. In the days of the
open saloon, it was shown, dealers
found It necessary to obtain license
and the man who sold liquor wilhout
first having obtained this license
could be prosecuted While the license
law had not been repealed, the stat,
went dry with the ratification of tht
prohibition amendment to the fedora
constitution and this placed the entir,
enforcement of the law in the hand
of the federal authorities 1t was i'm
possible, under this contention foi
the state to issue a license for tn
selling Of intoxicating liquors, hencl
to prosecute a man for selling with
out a license" was far-fetched-if b
: couldn't obtain the license, evel
though he applied for the same, ns
t turaIly he was violating no state lay
? if he sold without it, for the state wa
estopped from issuing such license
and if the man sold liquor without
5 then he was violating the federal lar
r and should be indicted and tried /
: federal court.
I The decision in this case will hav
G a farreaching effect, so far as Louis
o ana is concerned, as violators OF tn
: liquor law will not have to face
d double-barrel charge and be subjes
J to punishment by both the state an
feedral governments. 1t takes the el
l. tire matter, apparently, out Of th
e hands Of the state and local authoritie
J. and places it in the hands Of the go
2 eminent.
e There was another practically sir
r liar case from this parish on appei
j. to the supreme court, that Of Il
t, State VS.. Gil Vidrine also tried ar
i. convicted at the same term of distri
y court with Benny Green and submt
u ted and argued before the high cou
ie at the same time A decision was e
ID pected in this case Monday but Il
lie high court did not hand down an OPT
le ion. In tire Green.
le sociate Justice O'Nien was the org
Of the court.