Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1922-12-12
DOUBLE PENALTIES
SEEN AS POSSIBLE
IN DRY VIOLATIONS
Both Federal and State
Courts May Punish
Same Offense.
SUPREME COURT HANDS
DOWN LIQUOR DECISION
Chief Justice Taft Renders
Opinion in Case From
Washington State.
ARE TWO sovEnEIG Mites
Eighteenth Amendment Does Not
Lessen Right of states to En-
force Own Laws.
SUPREME COURT HANDS
DOWN LIQUOR DECISION
ARE TWO sovEnE1cNT1Es
Eighteenth Amendment Does Not
Lessen Right "f states to En-
force Own Laws.
Try Associated rres.. J

WASHISGTOS. Dec. 1.-Two
cases considered by the government
OF major importance In the enforce
men, OF national prohibition were
cec!dcd by the Supreme Court today.
In one OF them. coming from III.
state OF Washington. tho govern
m"nt scored a sweeping victory. the
Supreme Court holding tina, both tn.
Federal and "A State government can
prosecute and punish the same un-
lawful act in the manufacture, pos
session. transportation or sale OF in
tonicatinE liquors.
The other case. coming from Calf
forn.a. the government lost in it's
contention that in tho enforcement
of national prohibition an executive
oihcer can impos" and collect aataxes
u" assessments and penalties i'm
foscH by those sections Of the Re
Nisei statutes which remain unr--
Icnicd by the NoIs;cad act and which
became law while the manufacture
and sale Of intoxicating liquor was
not prohibited
CruA of Washington CnSe
The United States District Cour,
FOR Western Washington dismissed
Federal Indictment charging Vito
LanSca. Dick barto and others win
possessing Intoxicating liquors on
the ground they had been tried and
'onvictrd In tho state courts for
Inc same onenSe. In reversing this
action today, the Supreme Court held
mat In the absence of special pro
vision D.? Congress. conviction and
puntshment in state court made
under a State law for making. trans
porting and selling in,oxicatiny
i!9uors is no, bar to prosecution
In court tunctionIng under the
Federal law for the same acts
The enec, OF the prohibition
amendment. the cour, stated in an
opinion by chief Justice Tat. wa,
TO establish prohibition In every
part OF the United States and ar.
fectinC transactions which are cs-
s"ntially local or intrastate. as well
As those pertaining to Interstate or
foreign commerce. The power 10
tax. executive measures TO make the
policy effective existed In Congress.
the court continued, "in respect OF
the territorial limits OF the United
states and At the same time the Ike
power OF the scvcra, States Within
iA"ir territorial limits shall no,
cease 10 exist"
state Cnn Act in Own Right.
i'"'H STATE, ~ dlSO ConsrcSg,' IL
added. may exercise an indepcnd-
mt Judgment In selecting and shap-
ing measures TO enforce prohibition
such as are adopted BY Congress "a
become laws of the United States
and such as are adopted by a State
10 become laws ~ tha, State. Tho.
may vary In many particulars, i'm
Guiding the penalties prescribed but
this Is an inScparahle Incident OF
independent executive action in dis.
tinct administrations"
vChpos- -edPcah L T 40 INETAOIN
The declaration that The States
should have Concurrent power" was
dehned by the court AS intended TO
ragatiHc any possible interference
that. investing the national govern.
ment with tho power OF country-wid,
prohibition. State power would be eS.
cluded." Under the eighteenth amend.
ment. state was left free the court
held. ito enact prohibition laws an
plying TO all transactions within he,
limits" States could not. however
authorize acts, the court added. which
were prohibited by the amendment
hut all prior State laws not incon.
aistent with the amendment, remain.
ed In full force.
Two Parallel SovereigntIes,
I'VE have here two sovereigntien
seriving power from different
sources" the court stated. "capabl.
of dealing with tho same subject
matter within the same territory
Each may. without interference h,
the other, enact laws to secure pro.
hihition, with the limitation that nr
legislation can give validity to acts
prohibited by the amendment. Eacf
government in determining what
Continued 'on Page Q. Col. II