The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1921-07-11
STOPPING THE. SALE

Last week a number of persons
charged with the making and sale Of
intoxicating liquors in Oconee Counr
ty were brought before the Court Of
General Sessions of that county, pre-
sided over by Judge Prince, of An
derson, and number were convicted.
Judge Prince imposed fines of fifty
and hundred dollars on those first
convicted, whereupon the grand jury
made report in which the condi-
tions in the county with regard to Ii
qpor were referred to, and requested
that severer punishment be imposed
on those convicted of offenses againss
the prohibition law.
While taking no exception to the
request of the grand jury so far as
appears from reports, Judge Prince
told the members of that body that
the authority to determine the pun
ishment to be imposed on persons
convicted in the courts belonged to
theNjudges, and that he felt bound to
follow his own views in such mat
teis, and that he could not allow
others to substitute their judgment
for his. .-a. .....
In the legal view of the matter
Judge Prince is of course right, but
practically speaking he is in error in
his judgment as to what is fit pun
ishment for an offense of this kind.
Small fines, the amount Of which may
be made by the bootlegger in one
night by plying his unlawful trade,
will not break up the liquor business.
We have said that before. 1t is well
to err on the side of mercy but it is
dangerous to err on the side of crime
and crime-breeding practices.
Over in Georgia they have new
way Of fixing the punishment for Of
lenders against the law. There is a
reason for it in Georgia they tell US,
with which we are not concerned,
but the law is good nevertheless, we
believe. The law, as we understand,
fixes maximum and minimum pun
ishment for every crime, but the jury
which tries the case states what pun
ishment between the two extremes is
to be suffered by the person convict
ed. ..sa.. <a... 49,. a... ..",........
By sitting the facts of every case,
the members Of the jury who know
the history Of every person charged
and his surroundings, are able to
more nearly mete out exact justice
than judge who comes from another
county, and who therefore does not
understand conditions as well as the
people at home. Sometimes conditions
in one county grow alarming and it
is 1seessary that the laws penalties
be heavier that at other times. In
se#e eoHnsies there is an occasional
violation of a certain criminal stat
ute but not q Wholesale violation of
law which threatens the peace Of the
whole community. The members of
the petit jury know Of these matters,
and in a given case are better able
than the judge, we think, to deter
mine just what punishment will fit
the times and conditions as we'll as
the crime.
We should like, at least, to see the
law as it is in Georgia put in prac-
tice over here. We have reason to
believe that it is proving eminently
satisfactory across the Savannah,
and perhaps it would prove equally
helpful over here. We have no. doubt
that the judges would be glad to
have the juries assume jurisdiction
in the matter Of fixing punishment,
and if suitable penalty should not
be fixed in a given case, the members
would no doubt be in position to
learn better before they tried il
again. A healthy public sentiment
would then do a great deal to helr
stem the incoming tide Of crime.
TWO OF LIES SECRETS.