The American issue. [volume] (Westerville, Ohio) 1912-19??, 1929-05-11
DISTRICT ATTORNEYS ADVISED
Mrs. Willebrandt, Assistant Attor-
ney General. Instructs District
Attorneys to Use Discretion
in Applying Jones Law

SlStanL Attorney lTenefal IN charge OF
prohibition enforcement. on April ID. an
nounced that she had instructed United
States attorneys in a letter accompany
ing copies of the Jones act to prosecute
under that act only cases involving COM
mercialsm which warrant a sentence OF
more than year in prison.
She told the prosecutors that. to give
the new law a fair test they should use
"wiSe discretion as to the character of
the cases and not prosecute under the
Jones act those of minor character.
The complete text of Mrs. Withdrawals
letter was:
prison sentence authorized by that act
Zones law, the offenses of illegal man
ufacture, sale. transportation, importa-
ton and expectation of intoxicating
liquors under the national prohibition
act have been raised TO the status of
feionies, and therefore. if committed
after the passage of the act. may be
prosecuted only upon an indictment or
presentment by grand jury. II COM
mitted prior to the act such offenses are
subject to the same penalties and may
be prosecuted in the same manner as
though the act had not been passed
DISCRETION SUGGESTED
All other offenSes under the national
prohibition act, including first and second
offenseS of possession of intoxicating
liquor maintenance of common nui-
Sanees. violation of the terms of a permit
and the making of a false record. report
or affidavit remain misdemeanors and
may be prosecuted as heretofore by
criminal information.
IN order that this new legislation may
be given a fair test, it is suggested that
you use a wise discretion as to the char
acter of cases in which you seek indict-
ments for violations coming within its
puryiew. Only good strong cases inyolv-
ing eommercialiSm should be made the
basis for these initial tests.
Isolated violations, cases in which eyi-
dence renders convictions doubtful and
cases in which the offense is of such
minor character as does not in your
judgment warrant more than a y
months sentence should, if practicable.
be prosecuted by criminal information
upon a charge of possession, common
nuisance or other misdemeanor charge
under the national prohibition act
your discretion in these matters
should. however. be carefully exercised
with a view to the best interests of JUS
tice and the creation in the public mind
of confidence in the effectiveness of
the new law as an enforcement mea-
sure
This no doubt is disappointing news to
the wet press and to the enemies of pro-
hibition in general who have been pre-
dieting a large crop of martyrs who
would be sent to the penitentiary for five
years and who would be fined $4,000 for
selling a pint of beer. The act itself
leaves to the discretion of the presiding
JUDGE whether the offense calls for the
maximum penalty Thus far no boot
logger convicted under the Jones law has
drawn the maximum sentence And now
assistant Attorney General Willebrandt
is urging prosecutors to use their discre-
ton and good judgment in the matter
OF determining whether cases coming to
their attention should be prosecuted as
misdemeanors or felones
The governments intention is to i'm
pose penalties proportionate to the gravity
OF he offense
DEFIES THE ORDER
United States District Attorney Levi
II Bancroft. Milwaukee. made the first
page of the press by announcing that in
his district all cases would be brought
under the Jones law so far as he was
concerned He would put it up to the
grand jury for them to decide Anyway.
he says, the Jones law is inconsistent be-
cause in order to convict on a misde-
meanor charge it is first necessary to
prove felony under the Jones law
II Mr.. Bancroft is correctly quoted nv