Evening star., 1927-11-23
SHEPPARD DRY ACT
DEAD, BRIDE RULES
Checks Plan to Impose Its
Penalties in Place of
Prohibition Laws.

Tho movement Of the Citi2cus' Sorv-
ice League for Law and order to
have prohibition enforced in the bis
trict under the penalties of the Shcp-
pard law rather than The national
prohibition act was checked today hV
Corporation Counsel Niljam ". Brido
IL a lengthy opinion submitted to
the District Commissioners, Mr.. BRIDE
held that the provisions of the Shpp-
pard law which applied to the sale
manufacture and TRANSPORTATION of
liquor within the District were re
pealed Ivy the national prohibition
act. Tho opinion was sought by the
commissioners as q result Of n sug-
gHStiOn hV representatives, of the
league that District bootlcggrrs he
punished under the Sheppard law be-
cause its penalties are more severe
than those of the national prohibition
act.
Statement Is AmpliEcd
'You have asked me for an opinion
as to whether the provisions of the
Sheppard law are affected by the pro-
visions of the national pr0hlbition act
in so far as the manufacture, trans
portation and sale of Intoxicating
liquor is concerned in the District Of
Columbia" said Mr.. Bride This
office has on several occasions before
| became corporation counsel held that
the provisions Of the Sheppard law i'm
these regards We're repealed by the
national prohibition act. With that
view | am in absolute accord. ! de-
sire. however, TO amplfy this state
ment by giving YOU some of the rca.
sons for my view.
Before reaching a determination
10 q - fRlssf1.p l,tl
with Or, Edward NJ. Ellison ana other
members of the Citizens Service Assoc
ciation. 50 that ! might have the
benefit Of ana give full consideration
10 their views.
Replaces Old Statute.
at is a wen settled rule of statutory
cOusti urtiOn thac where q now statute
covers the whole subject matter Of an
old one, adds offenses and prosclibcs
different penalties from those emu.
merated in the old law, the former
statute IS repealed by implicatr}n as
the provisions Of both cannot stand
together, and it is equally Well set
tied that without expressed words Of
repeal a previous statute viii be held
to he modified by subsequent one.
If the latter was plainly intended to
cover the whole subject embraced by
both, and to prescribe the only rules
in respect to that subject that are 10
govern it"
Mr.. Bride then gives q thorough
analysis Of the provisions Of both
laws, which he summarized as fol-
lows:
The Sheppard law relates cxcIu
sively 10 the District of Columbia,
while the national prohibition act is
a law Of the United States Since the
District of Columbia is within the fu-
risdiction Of the United Safes and sub.
ieCt to the exclusive jurisdiction Of
the Congress of the United States. II
cannot be doubted that the District OF
Columbia is included within the terri.
torial and legislative jurisdiction of
the United States and is subject to
the national prohibition act.
Covers Wider Field.
Penalties are prescribed by both
statutes for violation. The national
prohibition act covers a much wider
field and with more detail regulation.
1T Will thus be readily seen that
as the national prohibition act is
later act, made by the same law
making body, upon the same subject,
covering the same field. and prescrib-
ing list Of penalties that are to
S"FcFH' cieaflE repeats the Sheppard
law in these regards by implication
1T is also to be remembered that
the District of Columbia occupies a pc.
culiar status in that the Congress of
the United States is the only legis-
lative body having authority to enact
laws for the District Of Columbia. and
this status is entirely distinct and
separable from that of any State of
the Union or Territory having a legis-
latiVe body with power to enact laws
locally applicable"