Evening star., 1922-12-20
Scrapping of Double Jeopardy
Doctrine Unavoidable.


| melancholy reflection on the grad
ual evaporation of basic human
rights under the heat of Jealous re-
form is indulged in by many papers
! besides the Norfolk Virginian-Pilot
| in considering the decision just rem
dered by the United States Supreme
Court that violators of the prohibit
| tibn laws can be punished under both
state and federal courts for the same
offense. To many editors that de-
cision is a direct reputation of the
! fifth amendment, which assures that
no person shall "be subject for the
same offense to be twice put in
jeopardy of life or limb" Other
! writer's argue, with the court. that
violation of separate laws constitutes
separate offenses, each of which is
punishable under the law violated.
In any event, the policy set forth by
the Supreme Court is generally re-
garded as necessary for more EN-
cient enforcement of prohibition leg
islation:
The decision is final" the Mobile
Register comedies, but it rs not con-
vincing." obviously "a reflection on
what are known as our free lnstltu-
ton enforcement may have been
under the doctrine of concurrent
powers," it is better. the Register
contends, that great many guilty
persons should escape adequate pun.
ishment than that the principle of
once in jeopardy should be over
thrown, for that principle was not
recognized in the Constitution
thoughtlessly. but because the ex.
perience of men had shown that
without it the administration OF Jus.
tice had in the past been abusive OF
human rights end would very prob
ably be so in the future"
The court has, indeed, advanced "a
novel theory" but perhaps, the Hart
ford Times grants. the manner IN
OPENLY, Mnsun deflantly and profitably vio-
lated demands that there should be
some such departure" To this the
New Haven Journal-Courier replies
directly. doubling that the Times,
with its democratic traditions" can
he ..in earnest" If so. has it come
to this" it asks, that because
single act which lacks popular sup
port has created its own eT!s
sacred assurance of the Bill or Rlgnts
and of the Cons!itut.0n rn Is tne 10 o,d ID re. @
nnblic is crumbling faster than even
we had supposed nil. ao.
AS the Norfolk Virginian-Pilot sees
IT. the fifth amendment has merely
been conveniently explained away,
noany other papers at needs to be
nonsidered.", the Knickerbocker Press
(aihany) argues, that the guar
antees Of the Bill of Rights, so called;
apply only to federal procedure ana
are Of no avail under state laws, ex-'
cent as they have been adopted by
the several states in their own con-
stitutions. Thus the federal Constl-
tut;on's promise that no one is TO De
nlaced in jeopardy twice Tor the sanis
on nffender's being twice tried in a
faderal court upon one charge; ana
doas not protect him from uupii-
csted prosecution under state law.
The Lynchburg News brings up an
other angle. The e,ghteen.na a,,an+ anr #
nn;nts ont. and "if that amendment
p'thor;zes a. SUSPENSION OF the twice
~ ieonardy' doctrine as embodleo III
The fifth amendment, then the scope
of the fifth amendment mas peen ie
wo,iI restricted by the prohibltlon
Say aysr.antn unless 1--WE are to as
smn,a that once an amendment Is en-
nra fted upon the body of organic law
& is a legally Interchangeable provl-
sion" a position, which the paper
holds "untenable: Tow.
~ heIieves. this "interesting ruling
;s .cslculated to add to the hardships
Of the way Of the transgrsssor;; +;
uoretofore a person arrested for IL
icit traffic in alcoholic ss coIt beysbagea
30 tried in. The bootlegger,
Naturally, na il he had right Of choice; .ss
n,ould elect to be tried under the
easier law" in cases where % state Na% and
the Supreme Court says tnat mere
is G no such way out; rather. he Is
to two penalties" The The .neng.Is new Policy 1iey
"opens the way to closer o3eeas in
enforcing prohibition" the Pitts.
bursh Gazette Times thinks. and IF
9uitahle advantage is taken of public
rights under the decision there VIII
nrohihition law breakers that police
magistrates have been granting, and.
if the police and county prosecutors