Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-03-19
BY DAVID LAWRENCE.

BY DAVID LAWRENCE.
The Jones law has burst suddenly
on the public as If IT. were something
new. To punish bootleggers and others
engaged in violation of the prohibition
laws by sending them to prison is not
new-the Federal prisons will attest to
that but what is new is the method
by which the prosecutions hereafter
will be conducted.
Generally speaking, violations of
Federal statutes are divided into two
classes: misdemeanors, which consti-
tute crimes that are punishable by i'm
priSonment for less than a year, and
felonies, which embrace crimes punish
able by Imprisonment for one year or
more
1t is Federal felony. for instance,
to engage in the Illicit traffic in mar
cotics, to violate the white slave law, or
the law with respect to stolen auto
mobiles. 1t has always been a felony
to conspire to violate a Federal statute,
no matter what it was. Indeed, the
Department of Justice heretofore in
trying to reach the organizers of the
LIQUOR traffic has in effect ignored the
Volstead act itself and has sought to
get convictions on the ground that
conspiracy to violate the Volstead law
was entered into by the accused per-
son or persons. 1t takes two or more
persons to make conspiracy. so ade-
quate evidence is ever difficult to get
First Offenders Get Jail.
Under the conspiracy statutes it has
been possible for Jail sentences of at
least two years to be inflicted. The
Jones law makes violation of the pro-
hibition law itself punishable by i'm
prlsonment for five years or a fine of
$4,000. Federal officials have con-
sldered 1t absurd that violators of the
Volstead act could get off with a sim
PIE payment OF a fine. The organizers
OF the bootleg traffic simply regarded
the fine as a part of the expense of
DONG business Before the passage of
the Jones law. for example, first Of
tenders were fined $500. Now. under
the Jones statute, first offenders can
be sent to jail
Heretofore. If Federal prohibition
agent caught man driving a truck,
ne would have to find somebody who
helped the man unload it in order tn
orlng about conviction under the
conspiracy statutes 1t was really
stretching a point to make the con-
splracy laws adequate to reach Offend
ers under the Volstead act.
Then, too, old internal revenue laws
were invoked These laws were passed
prior to prohibition and had to do with
the failure of moonshiners to nav tayes
on the manufacture of alcoholic bev-
erages: Penalties of from two to four
years IN jail were imposed under those
9io laws, because 1t was insisted by the
department. OF Justice that the boot
..eggihg clement had failed to pay a
Tax on the manufacture of liullor.
Similarly, the Federal Government has
tried under the income tax law tn
prosecute those bootleggers who failed |
10 make a. return or who made a false |
OF fraudulent return. This latter in
Itself has always been felony.
Aimed at Organizers.
The new Jones law is really aimed at
rather than the consumers. If is
sought to prevent large number of
untnlnklng persons who have hereto
lore become part of the bootlegging
tramc from continuing in the bust
ness. It Is recognized that messengers
ano distributors Of liquor have always
oeen assured that the most that could
happen to them would be small fine.
NOW, with a threat of Jail sentences.
IL Is believed here that it will not be
SO easy to recruit employees for the
l4quUf LTdIQC.
While some discretion will naturally
be exercised by Federal judges In ad-
minlstering punishment, the expecta-
ton Is that the judiciary will be in ac-
cord with the desire Of the Govern
ment and the intent Of Congress to
stamp out the bootleg trade.
Another gain that is expected to
come with the development of cases
under the Jones law is expeditions
prosecution. In the past, the courts
became clogged with cases and there
has been endless delay. Some of the
reasons for the delay have been on
the surface adequate; but the Depart
ment OF Justice with the Jones law be-
mind 1t will be able to sift the cases
That 1t wishes to press for prosecution.
knowing full well that If it does prove
guilt there can be no escape for the
accused through any roundabout
process.
The conspiracy statutes have been
0fhcult things to work under and the
charges to juries have often been SO
confusing that acQuittals have resulted
IL now is expected that convictions
VIII be much easier to get and that in
melting out sentences Judges will be
able to differentiate between the or
GAMERS of the liquor traffic. the
habitual offenders and the gullible who
may be dragged into the net OF boot
leg operations.
Copyright, 1929