Evening star., 1925-04-06
HOLD RUM TRAFFIC
IS EVIL IN ITSELF
Involves Moral Turpitude,
Two Judges Rule in Rock
Pension Case.

Traffic in or transporting of intox-
icating liquor may involve moral
turpitude. The District Court of APP
peais SO held today in an opinion by
Justice Josiah A. Van Orsdel. con-
CURED in by Chief Justice Martin.
Justice Charles II. Robb filed a dis
senting opinion.
The decision of the appellate court
reverses Il decision of Justice Fred
erick l.. Siddons of the District Su-
preme Court, who had directed the
District Commissioners to restore q
police pension to Wilbur H. Rock. Il
retired policeman, who had been con
victed Of a first offe nse in transport
ing liquor in Baltimore. Justice
SiddonS held that the first offense,
being merely a miSdemeauor under
the Nolstead act, did not involve
moral turpitude, and as the only
cause for taking away the pension
would be conviction of Il misde-
meanor involving moral turpitude
that Rocks pension should be re-
stored.
Reasons for Reversal.
Justice Van OrsdeI reyerses this
finding and directs the lower court
TO dismiss the petition of Rock for
A mandamus to compel the Commis-
sioner to reinstate him. The justice
says: The traffic in Intoxicating g
liquor has. by fundame ntal law, been
denounced as inhe rently wrong, a
social evil, condemned by every stand
ard Of private and public MORALS
The court points out that Rock was
still a member of the police force.
even though retired, and had taken
a solemn oath to support and defend
tho Constitution of the United States
and to bear true faith and allegiance
to the same.
1T can hardly be Said,' declares
Justice Van Orsdel, that police Of
fcer, charged with the maintenance
of the public peace, can be either de-
Tending the Constitution or bearing
true faith and allegiance to it when
he is engaged in an open violation OF
the law. The fact that this was his
first offenSe is not controlling. The
man who trafficS in Intoxicating Ii
quors in violation of the Constitution
and laws of the United States, wheth-
er il be the first or the tenth offense,
is an offender against the public
peace, dignity and morality of the
United States, and a conviction in a
court Of competent jurisdiction i'm
plies criminal intent"
Lack of Jurisdiction.
AS the Commissioners are vested by
law with discretion to discontinue
plaintiffs pension and have resolved
against Rock, in the absence of an
abuse of that discretion being shown.
the court is without jurisdiction to
review the case and interfere with
the exercise of that discretion.
Justice Charles H. Robb filed dis
senting opinion in which he holds
there is no moral turpitude in trans
porting whisky. The dissenting JUS
tice points out that the transporting
of whisky is bad only because made
so by statute and not malum in Sc.
Because the policeman had taken an
oath to support the Constitution does
not change the situation he contends.
Justice Robb says: THE majority
opinion stresses the fact that appellee
subscribed to an oath. SO do the
justices Of this court; and yet l am
loath to believe that, should one of
us violate the statute limiting the
speed of vehicles in the streets of the
city and be convicted therefor, he
might be subject to impeachment as
for the conviction of crime involv-
ing moral turpiture."
Intent of Congress.
tinues, "a violation of the Volstead
act to be within the class of crimes
involving moral turpitude it would
have affixed d penalty commensurate
with such intent; but it adopted ex-
actly the opposite course. Congress
declared it to be nothing more than
a misdemeanor, and | do not think 1t
is for this court to give the offense a
classification inconsistent with that
evidently intended by Congress.
This case is analogous to that of
Commonwealth vs.. Matthew Adams
ia Mass, 323, where it was held that
one who negligently drives over an
other is not guilty of "a criminal as
sault and battery, although he does
so while violating d city ordinance
against fast driving. The court said:
1t is true that one in the pursuit
of an unlawful act NAV sometimes
be punished for another act done
without design and by mistake, If the
act done was one for which he could