The Glasgow courier. [volume] (Glasgow, Mont.) 1913-current, 1922-02-17

Conviction of J. W. Willis of Miles
City in the United States district court
last July on a liquor charge has
ben affirmed in the circuit court of
appeals at San Francisco and a copy
of the decision has been received by
United States District Attorney John
L. Slatery who appeared for the Unit
ed States at the hearing Of the appeal
last October. This is the fourth Of six
cases argued by Mr.. Slattery at that
time that has been disposed of by the
circuit court of appeals. Convictions
in the other three cases were also af-
firmed.
Willis was convicted of maintaining
a nuisance, a place where Intoxicating
liquor was kept and sold at Miles City,
assessed a fine of $3.50 and sentenced
to serve eight months in Jail. Willis
is at liberty on bonds but on receipt
of the mandate of the circuit court
which will be effective 80 days after
date of decision, February 6, 1922,
he will be ordered taken in custody by
the United States marshal to begin
serving his sentence in the Lewis and
Clark county Jail.
Willis took exception to the courts
instructions to the jurors and contend
ed that the court had invaded the prov
ince of the jury and that thus he had
been deprived of a fair trial. Special
exception was taken to Judge George
M. Borquin's remarks to the jury re-
ferring to the lack of spirit to enforce
the prohibition law, the fragrant viola
tons and the tendency this has to en-
courage the violation of other laws and
as a result the breakdown of the mo-
rale of the people. The appeal vas
heard before Circuit Judges Gilbert,
Morrow and Hunt.
Judge Bourquin's remarks to the
jury as set forth in the decision of the
circuit court, follow:
"In respect to the law involved in
this case, the famous Volstead act,
passed by congress to carry out the
provision for national prohibition, it is
a constitutional amendment, and it is
just as much a law as any other law
upon our statutes. We all know that
no law ever written is being violated
or has been violated to a greater de-
gree than the Volstead law is now; but
that is only the more reason why it
must be enforced, SO long as it is the
law, with diligence and faithfulness,
SO that this tendency to violate this
law may not, as it inevitably will if its
violations are condoned or permitted
to continue unpublished, tend to en-
courage the violation of other laws;
because, when people discover that one
law may be violated with impunity,
that courts and juries are impotent to
enforce the law, there is a general
tendency to transgress other laws, a
failure to give observance to law, and
as a result, a breaking down of the
morale. In other words, if a mar may
break the law and escape the conse-
qaence of his act, people say What is
the use? If one set Of men can violate
one law and escape, what is the use of
the rest of us observing any law?' So
it. leads to the violation of the laws,
and a breakdown of the morale of the
people. Another thing in reference to
this Volstead act: People comment up.
on the fact that with many people it is
not a popular law; many people are
opposed to its spirit.
"They argue about this way-that i
they are drawn in the jury box in ;
case involving a prosecution for tn
violation of its provisions, they will
return a verdict Of acquittal; that the,
are against the spirit and operation o
the law; that it is not right, so the,
will fail to enforce the law, and vii
permit the offender to escape. The,
argue to themselves further: If l ar
accused of a violation of this law,
will only be necessary for me to swea
to any sort of a fictitious defense t
give the jury a plausible excuse i
order to secur my acquittal.' Gentle
men of the jury, that is a thing ths
wants to be suppressed, as not we
founded. I will say that in the FEEDER;
court I have not found it to have an
basis of truth, so far as juries al
concerned. OF cases that have com
up in this court, there have been a
many convictions that were merite
under this law, as in any case, 'Wh
do I say this to you? Not to say thu
this defendant is to be convicted; M
at all. l merely wish to impress upo
you the seriousness of your duty
every one of these cases as in an
other question that may be brougl
before you, and that you give to it tt
same serious, thoughtful and hone!
consideration; that you execute ar
carry out your duty, your obligatio
and your oath, whatever may be II
verdict"
The decision holds that Judge Bou
quin's remarks referred only to ma
tiers of fact which are common kno,
ledge and that they can only be r
garded as wholesome admonition.
Circuit Judge Gilbert, after Stair
the case, is quoted in the decision
saying:
1T is urged that there was no e>
dence to support the statements ma
by the court in regard to the Volste;
act, and the violation thereof, or
show that the failure to enforce Il