Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1921-06-02
V0[STEAD ACT
REPEA[S SOLDER
Whisky LAWS
Supreme Court Hold
Penalties Under Old
Laws Are Void.

Washington. June 1.-Variouy inter-
nal revenue laws enacted prior to the
adoption of the 18th amendment and
designed to cover Illicit distillinx have
oeen superseded and annulled BY the
amendment. and the Volstead act, the
supreme court held Wednesday.
/ Inc court sustained the United
| states district court in Oregon in
quashing an Indictment under the old
statutes. against Bose Ynr;novich and nd
Cousin Boze Yuginovich on the ground
that no offense had been CHARGED under
the Volstead act.
| MISS Annette Adams, assistanf ~.
tofhey general, who appeared for the
government IN arguing the case before
tne supreme court said the effect Of
| the decision would be to abate PROSE
cution in number of cases in which
| Indictments were similarly based. and
possibly cause the remittance of fines
imposed in cases already decided con-
tiary to Wednesdays ruling.
Further Aid for Dry Forces.
On the other hand. Wayne b. Wheel
er' counsel for the Anti-saloon Leaene
20. America. took the stand that the de-
ccls5on would serve as further sunnort
for the dry forces. In the course az
ITS opinion. the court agreed with fhe
lower tribunal in holding that .scon-
Gress manifested an intention to tar
i,quor Illegally as well as legally nro-
duced" ~
The decision of the court sustaining
.ne prohibitive tax features of the
soistead act and the revenue laws is
a hard blow at the illegal dealers. /.
Mr.. Wheeler's statement said
Millions Are involved.
ssf1for 2SDS m
this decision. and still larger amount
involved in possible assessments for
the next year. If these sections of
the law are properly used. they win mt
out OF business all financially respon-
sible liquor dealers
hoze and Cousin Boxe were indicted
for violations of sections of the revised
statutes. The first count charged them
with ''unlawfully engaging in carving
on the business of distillers,'' the sec
ond with having failed to keep CON
over their place OF business
sign exhibiting in plain letters the
word registered distillery." the third
with having. failed to give the required
,ona ana the fourth with having ''un-
awfully fermented 4 certain NASH
Rspeals the Old Laws.
The only question before the court
,'V sVsV1AAcHA GQuCe0e0, was whether
he lower court had erred in deciding
hat the laws on which the indictments
we're based had been repealed by the
dvent Of national prohibition.
). The Volstead act,s the opinion said
in its first sentences repeals all prior
cts to the extent of their inconsist-
ncy with the national prohibition act.
In constituting penalty statutes, Il il
ne rule that later enactmenta repeal
ormer ones practically covering tho
anne acts, but fixing I smaller penalty.
iavlng IN view these principles, re do
ot believe that tho general language
sed evidences the intention Of conxreSs
0 inflict for such an Offense, the pun
shment provided BY section 3257 With
he resulting forfeiture, fine and im-
risonment. and at tho same time 10
uthorixe prosecution and punishment
nder section %, failing lesser and sps-
lie penalties for failing to pay tar
y imposing tax III doubls the amount
nposed BY hw.
'We 3agree with the court below that
lille c0nEress manifested an intsntion
, tar liquor illegally as wen - legal
, produced. It did not intend @ pre-
srve the old penalties IN addition %
10 specific provision FOR puni1hment
ads In ths vsltsad net"
~ X