The American issue. [volume] (Westerville, Ohio) 1912-19??, 1929-03-16
In Closing Days Congress Strength
ems Dry Law by Increasing Max
imum Penalties for Violation
MORE MONEY AVAILABLE
Adds Three and Quarter Million to
ThirteeN and Half Million Pre-
viously Given Dry Law
Enforcement

(By E. c. DUNFoRD General Council
Anti-Saloon League of America)
March marked the close of the second
session of the Seventeen Congress and it
is now possible to summarize the legisla-
ton which affects prohibition enforce
ment The vets will find small comfort
in reviewing the record.
JONES STALKER BILL
The most important measure passed is
known as the Jones-Stalker bill, which
increases the maximum penalty which
may be imposed for conviction of the five
offenses defined by he Eighteenth
Amendment to the Constitution. It per-
mts the imposition of fine not exceed
ing $4,000 or imprisonment not more
than five years, OF both, upon conviction
of illegal manufacture. sale, transporta-
ton, importation or expectation OF IN
toxicating liquor. The act does not create
any new offenses. 1t merely enlarges the
discretion Of the court in imposing seIl-
tence in such cases.
The bill passed substantially in the form
in which it was introduced in the Senate
by MI Jones, of Washington, and III the
House by Mr. Stalker, of New York, the
only changes being the amendments add
ed by the Senate intended to make clear
that no existing minimum penalties for
first or subsequent offenses are repealed
or civil penalties are affected. The Sen
ate also added a proviso which declared
that it is the intent of Congress that the
court in imposing sentence should dis
criminate between casual or Slight viola
lions and habitual sales OF intoxicating
liquor and attempts to commemorative Vlo-
lationS of the law In both the Senate
and the House proposed amendments
which would have limited the application
of the increased penalties to second and
subsequent offences only were defeated.
The Senate passed the bj on February
10 by vote of 65 to 18. It passed the
House on February % by a vote Of 204 to
100, and was promptly signed by the
President.
The Jones-Stalker bill, which raises the
five enumerated offenses to the grade of
a felony not only has the effect of en-
larging the possible penalties but it also
brings the offenses within the category
of infamous crimes. Under it aliens who
are convicted and sentenced to serve more
than one year in the penitentiary may,
under certain circumstances, be deported
as provided in the Deportation act Of
February 5, 1917. This should have
strong deterrent effect in many wet GEN.
terS
The measure should also afford in
creased protection to the officers charged
with the enforcement of the law, as the
power and protection conferred upon
peace officers in making arrests for
felony are greater than for INSIDE
meanor.
The law contains no saving clause as to
prosecutions instituted, but untried, at
the time the law became effective. Such
a provision is unnecessary, as Sec. 13 OF
the Revised Statutes of the United States
declares that the repeal of any statute
shall not eXtinguish any penalty incurred
unless it expressly SO provides. There
fore, as to offenses committed prior to the
date upon which the Jones-Stalker bill
became effective, the courts will impose
sentences within the limits of the Ma
tional Prohibition act as it existed prior
to the passage OF the bill.
APPROPRIATIONS
The appropriations m a de by the
Seventeen Congress for the fiscal year
ending June 3d. $780,. also provide for
HHIhct initial ayDa n sion 0f the enforcement