New Britain herald., 1929-03-12
FOX CALLS jerks
DRY BILL UNJUST
Moderation League Chief Also
CriiCizes HooYer'S Attitude

Albany. March IL R>-Austin G,
Fox, chairman OF the Moderation
league, today made public an ,pen
letter he had sent to members OF
the legislature protesting against
the jerks state prohibition enforce
ment bill and commenting on ref
erences to such legislation in Pres
ident Hoover's inaugural.
The communication, entitled "A
comparison of the inaugural mes
sages of our first president and our
thirty-first president" expresses OPP
position to the jerks measure on
the ground that it would place resi-
dents Of the state in the double
jeopardy of a state and federal law
Quoting from President Hoover's
address the statement that "Of the
nndoubted abuses which have grown
up under the 18th amendment xx
part are due TO the failure Of some
Estates to accept their share of re-
sponsibility for concurrent enforce
ment," Mr.. Fox referred to WASH
'h8tOl iciHdih dDohl reverence
for the characteristic rights of free
men,"
flights Of Ircmcn'
zone OF these characteristic
rights Of frcemen,' the letter con-
tinued. was their protection against
being punished twice for the same
offensc: and. of course, against fur.
ther prosecution for any act for
which they had already been ac-
quilted. Against invasion of our
characteristic rights Of freemen'
from abroad we We're 'impregnab bly,
fortified How about future at.
tempts at direct or indirect invasion
at home or any of these character
istic rights
so much for our first president.
Now for our Slst president. Solicit
tude for our characteristic rights
Of frecmen' has disappeared entire
ly in the face Of the presidents as
sertion that the people OF the states
must pass state enforcement acts.
no matter what the consequences
to themselves. Judges have not hest |
tated to denounce in unmeasured |
terms the inevitable consequences
of the legislation now demanded by
the president"
Quotes Court Opinions
Mr.. Fox then quoted numerous
court opinions on the evils Of dou-
BILE ieopa rdy and also rulings ex-
,r.ti i.,{. ieI,
"any such obligation as is fatty as
sorted in the first inaugural ad-
dress of our 3ist president"
Our own supreme court" he |
wrote. has held that the state was
under no obligation to enact pro-
hibition law; and We have ascertain
cd that the people acquicsccd in the
courts decision.
In 1924, a year after the repeal
OF the MuIlan Gage act Ga state en-
forccment mcasuro) the republican
assembly adopted the above view 10y
passing resolution which contain.
ed the following words;
:" Resolved. that the logisla turn
OF the state OF New York hereby
memorialize the congress Of the
| nitcd States to amend the Vol
stead act so that no prosecution can
be had or punishment enforced
a cainst any person who has been
for the same offense un-
dor any state law to the end that
the state may adopt proper en-
lorcement act containing a like pro-
vision preventing the prosecution by
the state OF any person prosecuted
by the federal government for the
same offense.'
ut is not without significance
that among the republican members
Of the assembly who voted for this
SO are members today.
q among whom is the autho of the
jerks bill"
six Years Later
six years have now elapsed and
has still refused to enact
the bill which the mover Of the
a ssemb!y resolution stated had been
to free citizens who had
been tried in state court rom
for the same act in tha
federal courts.