Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1922-07-18
PROHIBITION VIEWS
ARE AMPLIFIED BY
JUDGE A. G. POWELL
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not instruments Of evil. I took the
position that. if into any law, how
soever good be the end it is designed
to accomplish, drastic and intern
perate features are introduced, these
features will arouse disrespect for
the laW-disrespect first directed
against these drastic and intemper.
ate features, then against the par.
ticular law as a whole, and ulti
mately against all law. The familiar
illustration is the case of the rotten
| speck injecting the whole apple, and
the ultimate contamination of the
whole barrel of apples. At first
blush, it would seem to be illogical
that in such cases men should not
confine their disrespect and conse
quent opposition to the offending
| provisions Of the particular statute
I attempted to demonstrate that
such a result is neither inherently
illogical nor contrary to common ex.
| perience.
81 stated what I supposed to be
generally recognized as true in Geor.
gia, where 1 was speaking, and it
was to the prohibition law of this
state that my remarks were imme.
diately directed - that our statute
goes to such extremes in some OF
it's features that it has brought
about the results which l had indi.
Gated as being probable; namely
an increase of homicides and other
serious crimes, together with a grow
ing disrespect for law and for the
courts.
Law too Drastic
"The Georgia law is 'bone-dry;' 1t
is perhaps the most drastic prohibi-
ton statute in America; under it
the manufacture of blackberry wine
the old women's cardinal cure for
the stomachache and similar ills-is
a felony. It is a crime to use whisky
or brandy for medicinal purposes
To have intoxicating liquors Of any
kind in ones possession, even in the
privacy of ones. own home, hOwso-
ever or whatsoever procured, is a
misdemeanor.
1.-The result is that violation OF
the statute is almost universal
among our people. There is not a
county in the state in which many
men could be found who have not
violated the statute in one way or
another. presume that some of our
ministers could truthfully plead NOT
guilty. But few of our judges
prosecuting officers, sheriffs' and
others charged with the enforcement
of the law could do so. They are
not corrupt; they are merely doing
as so many Of the rest of us are
doing. The home in which liquor
has not been kept or used in viola
ton of the law is exceptional
"The extreme friends Of prohibit
ton denounce statements such as |
have just made, not because they
are~untrue, but because the making
of them, so they say, tends to en-
courage others to violate the law
But l never knew how to discuss a
serious proposition on any basis SO
satisfactory as on the basis of tell
ing the plain truth. I do not believe
we can cure a fostering sore in the
body polite by hiding it from the
light of truth and open discussion.
Truth is sometimes painful, but it
is a sovereign remedy for such evils.
Has Two Sides
"The man who says he respects
a law and then deliberately and con-
tinuously violates it is self-deceiVed'
The man who processes the Chris
tan religion on Sunday, and EN-.
ploys his talents during tt. rest OF
the week in swindling his neighbors
is stat:stically a Christian; actually
he is not, for he neither respects or
in any true sense, believes in what
he processes. Statistically there
may be many supporters of the pro
hibition law in Georgia; my obserVa-
ton leads me to believe that actual
y there are but a few.
'"It is in the hearts, in the SUD-
conscious selves of men and not by
their mouths that there is gener-
ated that wholesome public opinion
that uphOlds laws.
ut is a daily occurrence Of men,
WHO morally, as well as legally, de-
serve punishment under this law,
| to be put on trial before judges and
Jurors, every one of whom is HIM
self q violation of the very law he
| is charged with the duty of uphold
| ing. Now, Christ's command, Let
| him that is without guilt among you
| cast the first stone," struck re-
| sponsive chord in the hearts OF hui
| mainly and left a lasting impress.
| The natural consequence is that
many Violators. of these ports OF
| tho prohibition law which public
| opinion would support, if they were
| not interviewer into the statutory
| fabric along with these drastic pro-
| visions which public opinion does
not support, are not prosecuted, in
dicted, convicted or punished as
| they should be.
Suggests Changes
"To my mind it seems perfectly
plain that if we are not going to
obey this law in all of its pro
visions, we should strike from it
.ese provisions which the majority
of us are unwilling to obey and to
! compel other men to obey.
''Now, what PARTS of this law
should be stricken? 1 am no eX-
pert Oh the subject. Any answer l
may give IS the mere opinion of
private citizen, subject to all the
infirmities of ordinary judgment.
Claiming, therefore, no special
privilege of advising, 1 would say:
First, strike from the law the pro-
vision making the manufacture OF
domestic wines for ones own home
use a crime. Next, make provision
by which our people may lawfully
procure whisky, brandy and other
intoxicants for medicinal purposes.
Do not stop to argue whether In
toXicating liquors have any thera-
petic value, so long as SO many good
people so generally hold the belief
that thaU do have c11Cb a V9ll1P.