Evening star., 1923-06-02

ing the eighteenth amendment. By
,nat We mean that no citizen shall
pc twice punished for the one offense.
CCnaer- Cnet the United States Supreme
citizen Is today subjected to double
| Irial, and even to double punishment
apiaaas aGr a single offense, because. such
the state and the federal law. This
Is an. unwarranted and indefensible
exception to the fundamental con-
stitutional guaranty contained in
! Doth the federal and state constitu-
| tions that no person shall be twice
! offense.
| The repeal of the Muilan Gage law
will put the, state in harmony with
the recent, decision by United States
District Judge Knox declaring a
portion Of the volstead act to be in
amendment: By that decision the
United States district court in New
| York has laid down the principle
that the prohibition contained in the
eighteenth amendment does not ap-
1 scription of alcoholic liquors for
medicinal purposes and that the
federal government gains no power
under the yolstead act except to
prohibit traffic in alcoholic liquors
for beverage purposes as distinct
/ form medicinal purposes. Provisions
| L
force would still maintain in the law
1 of this state the limitations con-
| tanned in the Volstead act, which the
great body of the medical profession
! in our state seems practically unani-
nous in denouncing as an interfer-
| ence with the necessary requirements
! of their profession.
The repeal of the Mullan-Gage law
| will mean that violations of the Vol
stead act will hereafter be prose-
| cuted in the federal courts This. TO
| my mind, seems to be desirable, as
| it will fix in the minds of offenders
the thought that they have violated
a federal statute intended to effect
uate an amendment to the Consts-
tuition of the United states rather
than have them harbor the thought
| that they are simply standing
against what great many of them
may be led to believe is merely a
+, local legislation.
| The burden imposed on the state to
prosecute traffickers in liquor as vio-
lators of state statute is a waste
! full and futile one because of the re-
| fusal of grand juries to indict and of
petit juries to convict
Let US apply to this question the
principles of good business. good
| ised myself that l would not con-
slider this subject solely from the
standpoint of constitutional law or
political expediency. and have
labored to make my study of it prac-
tical. While there will be no let-up
on the part of the police officials of
this state in the enforcement of the
| Nolstead act. / cannot help thinking
| and saying, as ] owe it to the people
Iof this state to say, that the real solu-
tfon of proper enforcement rests pri-
marily with the federal government.
The practical side of this question.
| to my way of thinking. indicates that
little If any of the liquor consumed
| in this state is manufactured here.
, 1t is imported from foreign coun-
| tries. The federal government is the
| one agency that can attack the base
of supply. 1t is infinitely easier to
stop the smuggling in of 500 cases of
liquor before bulk is broken than to
trace the same 500 after they find
their way into different parts of the
state in small quantities.
Blnmes Divided Responsibility.
! The division of responsibility for
primary execution of the enforce
ment law may in part explain the
failure of federal enforcement Off
cials to stop the smuggling of liquor
| In bulk into this state. which has
| certainly raised serious question
as to the efficiency and in some ca ses
; the earnestness of federal enforce
| ment agencies. Whenever the ulti-
| mate responsibility is divided there
Is tendency for each authority or
agency upon whom il rests to rely
upon the other. The state in the
nature of things cannot gIard her
frontiers of land and water against
this smuggling as well as the fed
eral authorities should be able to do
II. If we place Squarely upon the
federal authorities the primary duty
and obligation to put an end to the
enormous smuggling of liquor from
foreign countries into this state it
will be where 1t rightfully belongs
and we viii have taken long step
forward to the establishment of
respect for the enforcement of law
| Over and beyond all this. | believe
the approval of this repeal will re-
awaken in the public mind the funda-
mental conception of the law of the
land and re-establish beyond doubt
/ what constitutes the essentials of the
relation between the federal govern
ment and the sovereign states of the
Union.
Replies to Harding.
! Recently the President of the
| United States, in reply to a letter
from d citizen of this state who had
! suggested to the President that the
repeal of this act bore the color of
treason. said. without disclaiming
this particular suggestion, with
much that you say ! am fully in ac-
cord"
I yield to no man in this country
| when 1t comes to respect for the
utterances of the Chief Executive
of the United States. but it is i'm
possible for me To be unmindful of
the fact that I am the chief ex-
iecutive of a sovereign state, and I
am entirely in accord with a state
| ment put forth in the course of this
discussion and signed by former
Judge Willard Bartlett, Almet F.
,Jenks, E. Henry Lacombe and Austen
G. Fox, which dealt with the letter
of the President and which in part
said:
ut would be a calamity to permit
such fundamental misconceptions of
the relations between the states and