The Birmingham age-herald., 1923-08-20

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 Value Of Prison Sentence.
 It is a significant commentary that the prohibition laws are now gen orally respected within this judges Jurisdiction, and that the illicit sale of liquor has been greatly reduced in that section. Jails thus filled do not, as a rule, remain filled longer than the expiration of the terms to which the offenders are sentenced. Imposi- tion of prison sentences. rather than fines, tends to bring about degree of respect for the law that ultimately empties jails.
 One fearless federal judge recently was quoted as charging grand jury whose duties included the considera- ton of prohibition law violations as follows:
 "The hope in the hearts of minor ity of this country that liquor is com ing back is fast dying out. The boot legger and the blockader are fighting a hopeless cause. The United States has never been whipped in any war yet, and 1t will not be whipped in the battle which has been joined by these enemies of American homes, of Amer ican traditions, of American institu- tions and of American destiny The only war. I pray God, that this re- public will ever be forced to engage III HeIGdAAEI ID tAAC wal AC NAAFIN liquor eternally out of existence in our land
 This court believes in the enforce ment of the laws which have been enacted to govern the sale and use of whisky. I am no fanatic on the subject, but I do have the conviction that 90 per cent of the crimes that have been committed m this nation, 90 per cent of the suicides, the heart breaks, the wrecked homes and the destroyed wealth, property and life of this republic Is distinctly trace- able to the whisky traffic,
 T am supported in this opinion by all the intelligent sentiment of the times. And the people who believe greatest enemy to our civilization, the people who acted properly and duly and promptly in such legisla- tion IS has taken this traffic in tow are the same people who want the laws enforced impartially, fear lessly and without the sligh,ys, of discrimination.
 That's the way this court is go- ing to enforce the prohibition laws of course. l do not believe in cruel, heartless courts. There are alwAys some mitigating circum- stances about human frailty that should be considered. When I con- template that the American people of today have inherited their taste for liquor and inherited in a large measure whatever approval of 1t is left among us, the wonder is to me that the laws are enforced as well as they are.
 However. there must be an im- partial administration of the law not one kind of punishment for one violator of the amendment and an other kind for still another. The law must be invoked with equal effect upon all defendants alike, high and low, rich and poor, prominent and obscure"
 A Stern Judge.
 Another federal judge, in charging a grand jury about to undertake in- quiry into many charges of boot logging. was quoted as saying: you, where the evidence warrants, you should not stop with the indict- ment of the bootlegger, but include with him his customers They are o-conspirators and confederates in the violation of the law. The man who furnishes the money and the man who furnishes the rum should stand or go down together"
 Such judges reflect the sentiment of all that is best in bench and bar. They represent accurately the views of the overwhelming majority of the American people. And not only are these and many other wearers of the ermine on record as to where they stand on prohibition enforcement but the lawyers and judges of Amer ica, through their organization, the Am merican Bar association, have taken iio less unwaving alignment for law enforcement Witness the pronounce ment two years ago of the judicial section of the association in session at Cincinnati:
 "The people of the United States have undertaken to suppress the age-long evil of the liquor traffic When, for the qualification of their appetites, lawyers, bankers, mer- ck ants, manufacturers and social leaders, both men and women, scoff at this law, they are aiding the cause o. anarchy and promoting mob vio- lence, robbery and homicide. They are sowing the dragons teeth, and trey need not be surprised when they find that no judicial or police author ity can save our country or humanity from reaping the harvest"
 Mir. DouEherty's Views.
 There can be no doubt as to the at- titude of the nations chief law en- forcement officer, Attorney General Daugherty, to whose department is entrusted the task of prosecuting violators of the prohibition laws. Tn his address before the American Bar association at Cincinnati in 1921 he touched upon the question of. per sGnal liberty, and on that subject said:
 Let me not be misunderstood. I do not mean to impute moral turpi- tude to him who Is opposed to the Eighteenth amendment or similar in our state constitu- stead act or similar Legislation in our states. All l mean to say is that the argument of undue abridgment of personal liberty advanced today has in the past been advanced by every champion of lawlessness who has sought to find an excuse for unlaw- ful conduct, *ss
 When public sentiment has crys- talized into law there can be no question as to tine duty of good citi- zens with reference thereto. They may still debate as to the wisdom If the law, but there is only one Sourse of conduct and that is obedl- ence to the law while it exists.
 From the standpoint of the gov ernment the only sound view Is that of law enforcement. Whatever diff ferences of opinion exist in views as to the wisdom of some of these laws can be of no concern to the agencies of law enforcement. The executive department cannot make the laws. IL is equally true that 1t cannot nullfry laws.
 ITO refuse or to neglect to enforce a valid enactment of the legislative department of government, or to en- force it mechanically or half-heart- edly. or to wink at it's violation, is without justification on any sound tt cory of government. Those who ask it or expect it not only con tribute to lawlessness, but destroy the basis upon which their own se- curity rests. Our safety and happl- ness lie in obedience to law by ev- cry man, woman and child within the domain of our republic. and no one. can undermine respect for law with out being, to that extent, an enemy to law and orderly government.