The American issue. [volume] (Westerville, Ohio) 1912-19??, 1928-08-01

1. WHAT IS THE RELATIONSHIP
BETWEEN STATE AND FEDERAL PRO
HIBITION LAWS?
The Illinois Prohibition Act provides for
the enforcement of prohibition in the
state separate from Federal enforcement.
The law was enacted to harmonic liquor
legislation in Illinois with the Eighteenth
Amendment to the Constitution of the
United States and Prohibition Enforce
ment legislation enacted by Congress. The
provisions of the Illinois Prohibition Law
are enforceable by the law enforcing ma
chinery of the state and do not conflict
with enforcement of Federal Prohibition
Twas, but are supplemental to them Law
enforcement is primarily the problem of
the local community Patriotic citizens
should press home on local officers their
duties.
2. WHAT Is PROHIBITED BY THE
STATE LAW?
Section of the Prohibition Act pro-
vides:
mo person shall on or after the date
when this act goes into effect manufac-
ture sell, barter, transport, deliver,
furnish, or possess any intoxicating liquor
except as authorized in this act and all
the provisions of this act shall be literally
toxicating liquor as beverage may be
prevented"
This section further provides:
Liquor for non-beverage purposes ind
wine for sacramental purposes may be
manufactured purchased, sold, bartered,
transported, delivered, furnished and
possessed, but only as herein provided, and
the Attorney General may, upon applica-
ton issue permits therefor"
It is illegal: first, Tor any person to sell
Intoxicating liquor at retail, except a
registered pharmacist holding state per-
nit; second, for any person to manufac-
ture, sell, purchase, transport or pre-
scribe any liquor, except for manufac-
turing, scientific, medicinal or Sacra-
mental purposes, and then only those
holding state permits may do so.
3. WHAT ARE THE METHODS PRO-
VIDED FOR ENFORCEMENT?
Either or both of two lines of procedure
may be employed: First, suit in a court of
equity to close places where the law is
violated as nuisances; second, prosecu-
tions in the criminal courts.
a. HOW ARE CRIMINAL PROSECU-
TIONS INSTITUTED, AND BY WHOM?
By indictment or information. In the
case of indictments, evidence of violation
of the law is brought before the grand
jury, and if sufficient, an Indictment re-
turned into court. Matters which are pre-
sented to a grand jury are usually pre-
sented through the states attorney. His
control, however, is not absolute. The
grand jury may investigate any alleged
violation of the law on its own volition
What is called an information may be
filed and the same proceedings had as
upon indictment. The only difference be-
tween the two proceedings is that an in
dictment is returnable by the grand jury,
while an information may be filed by the
states attorney, or by an individual, and
no crime can be charged in an informa-
ton except a misdemeanor. All prosecu-
tionS for first offenses under the Illinois
Prohibition Act are misdemeanors.
5. WHAT IS THE PROVISION IN RE-
GARD TO CLOSING PLACES OF
NUISANCES?
An injunction may be issued by court
of equity closing any room, house, build
ing vehicle, structure or other place where
liquor is manufactured, sold, kept or bar
tered in violation of the state law. or