The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1922-12-12
BOTH NATION AND
STATE MAY HANDLE
SAME LIQUOR CASE
Supreme Court Holds Man
May Be Prosecuted by
Authorities of Both
Governments

WARRINGTON, Dec. 1.-Two
cases considered by the government
of major Importance in the enforce
ment of national prohibition were
decided by the supreme court today.
In one of them. coming from the
state of Washington, the government
scored a sweeping victory. the SUI
preme court holding that both the
federal and a state government can
prosecute and punish the same I'M
lawful act in the manufacture, pos
session, transportation or sale of In
toxicating liquors The other case.
coming from California, the govern
ment lost In its contention that in
the enforcement OF national prohi-
bition an executive can impose and
collect the assessments and penal
ties imposed by the sections Of the
revised statutes which renal nun
repealed by the Volstead act and
which became la wwhile the manu-
facture and sale of intoxicating
liquor was not prohibited.
The United States district court
for western Washington dismissed
federal indictment charging Vito
LAMA, Dick Bart and others with
manufacturing. transporting and pos
sessing intoxicating liquors on the
ground that they had been tried and
convicted in the state courts for the
same offense. In reversing this ac-
tion today the supreme court held
that lin the absence of special pro-
vision by Congress. conviction and
punishment IN a state court under a
state law for making, transporting
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not bar to prosecution in a court
of the United States under the fed
eral law for the same acts
Taft Delivers Opinion
The effect of the prohibition
amendment, the court stated in an
opinion by Chief Justice Taft. was to
establish prohibition In every part
of the United States and affecting
transactions which are essentially To-
cal or intrastate as we'll as those
pertaining to interstate or foreign
commerce. The power to make the
policy effective existed In Congress,
it continued, "in respect of terri
torial limits of the United States and
at the same time the like power of
these states within their territorial
limits shall not cease to exist"
The declaration that the states
defined by the court as intended to
negative any possible inference
thatsin vesting the national govern
ment with the power of country
wide prohibition state power would
be excluded"
Under the eighteenth amendment a
state was left free, the court held, TO
enact prohibition laws applying to all
transactions within her limits"
States could not. however. authorize
acts. the court added, which were pro-
hibited by the amendment but all
prior state laws not inconsistent with
the amendment remained in fun force
Referring to the contention by the
defendants that they could not be
placed in double jeopardy, the court
explained that the meaning of the
term double jeopardy as used in the
fifth amendment to the constitution
referred to "a second prosecution
under the authority of the federal
government after a first trial for the
same offense under the same au-
thority."
0ffcnse Against Peace
IAN act denounced as a crime by
both national and state sovereign
ties" the court said, lis an offense
against the peace and dignity of both
such a construction did not apply.
the court stated, it would be easy to
imagine the rush of offenders to state
courts to plead guilty If so by doing
they could obtain immunity from
federal prosecution for the same act.
The Regal Drug corporation of San
Francisco obtained a permit to with
draw from bonded warehouses in
toxicating liquor and wine for sale
under the prohibition act for non
beverage purposes The permit was
cancelled, and the collector of inter
nal revenue imposed on the COM
pany in addition to those provided in
the prohibition enforcement act, cer-
tain taxes and penalties carried by
unrepealed sections of the revised
statutes governing the manufacture
and sale of distilled spirits and wine
prior to national prohibition.
The supreme court in an opinion
by Justice McKenna explained that
the court had held in the case of
Lipke VS.. Leddrer, collector. decided
last June, that a collector of inter-
nal revenue could not punish by fine
and penalty for an alleged criminal
offense without hearing, informa-
ton. indictment or trial by jury
The function or a tax, the court
said, lis to provide for the support
of the government; the function of
penalty clearly involves the idea OF
punishment for infringement of the
law
original poem by Mrs. w. p. Price,
''Tc Calvary announcement that the
week of Prayer" would be held in
the church beginning on January ST.
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