The Birmingham age-herald., 1923-03-18
MEMBER OF ASSOCIATED PRESS
Telephone Telephone Main 4900 Main 4900
ONE ACT, DOUBLE DEFENSE

It has long been admitted that you can not be in two places at one time, "barrin' you're a burd" as the Irshman is reported to have said, but, since the United States supreme courts decision of December II last, it will have to be recognized that a person can commit two offenses in one act, one offense against the state and the other !, against the United States; though there will be but one act. Moreover, after the state has taken the person in hand, tried him for the act, and acquitted or punished him as the case may be, the United States can take him in hand and put him through the same ordeal, with the same result. "Oh, he is nothing but wretched bootlegger, and IS getting only half of what he deserves" you will say; but suppose he is not a bootlegger, but innocently accused, or informed upon by some enemy? He is poor man, he has difficulty in exculpating himself in the state court; but is proved not guilty. Then along comes the United States marshal, who takes him into custody, and puts him in jail, where he languishes for months in default of bail; his family unprovided for, and himself un- happily confined The thing can happen. It has happened, as far as the double arrest
 
 of Washington, in the state of New York, and two weeks ago in the state of Alabama. in the county and city of Mobile.
 This double punishment method, as Aus ten c. Fox recalls in article contributed to the New York Times, is strikingly simi- [ lar to that provided for the American colo nies by the English government, when it de- manded by royal order that colonists who had been tried by the colonial courts should be transmitted to the Old Bailey in London to be tried again, the government refusing to recognize the validity of the colonial : courts Trevelyan, in his history of the American revolution, tells how the royal order came to Rhode Island for the men held by the colony for the burning of the British revenue vessel Gaspee, and how the rugged old Chief Justice Hopkins sent back word that England could not have them. MT. Fox adds that even Lord North's govern ment did not proceed to the length of fore ing the issue further. MT. Fox comments, saying:
 The refusal of congress to amend the
 Volstead act so to prevent the r double prosecution for the one offense
 compels us to face this question:: Shall
 we repeal our state enforcement laws,
 or shall we practically nullify the Bill
 of Rights? We cannot escape the issue
 and we must make our answer now,
 and surely our answer must be, Save
 the Bill of Rights!'
 The Times adds it's opinion, declaring:
 The famous decision of the supreme
 court on December II, holding that punishment in a state court for viola
 ton of state prohibition law does
 bo, Q
 in federal court under federal law,
 has distressed many lawyers. The
 double prosecution or punishment, though it doesn't constitute technical
 double jeopardy" is repulsive to be-
 lievers in justce-justice even to per
 sons accused of violating the prohibi-
 tion laws.
 It was made plain that the supreme court while ruling that the defendants tried in 'the Washington state court had committed 1.-two offenses by the same act, and a con- victon by the court of Washington of the offense against the state is not conviction of the different offenses against the United States, and therefore is not double Jeo- pardy," had no sympathy for the concurrent legislation that made it incumbent upon the supreme court to "practically nullify" the Bill of Rights; for the court, speaking through Chief Justice Taft, said: Ut is not for us to discuss the wisdom of legisla- tion;" the meaning being that if the court did discuss it it would be only to condemn it. ' It is by small and insidious advances that despotism encroaches upon the liberties of the people. Knowledge of this fact is the excuse for reminding the people that they must be alert and make known their interest in the preservation of their rights.