Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-11-01

within the punitive terms of the Vol.
stead act.
Purchasers Won't Volunteer.
| At this stage of the discussion let II
| be observed that the purchaser of liquor
| for his own beverage use has been OF
| little or no assistance to the Govern
ment in the prosecution of sellers. He
is rarely used and he never volunteers.
II is true, however, that enforcement
officers frequently become purchasers for
the purpose Of obtaining evidence
against sellers. In this way purchasers
are of great help in enforcing prohibit
ton. It Is perhaps true that majority
Of the convictions have been secured In
this manner. But these officers would
not be prosecuted and their evidence
would continue to be effective IN the
event the amendment banning purchase
is enacted. In many prosecutions for
many various offenses one defendant is
permitted to turn states evidence
against a co-defendant and receive i'm
munity. Any question, however, as TO
this situation could be removed by a
further amendment exempting officers
from penalty when they purchase Tor
the purpose of producing evidence.
Attention should be directed to the
fact that possession Of Intoxicating
hidden by the Volstead act. except un-
der specific conditions. A purchaser
called upon to testify against a seller
today would in most instances incrimi-
nate himself because he could not have
become purchaser without also becom-
ing a possessor. The provision In the
Volstead act regarding self-incrimina-
ton which I have described prevents
him from refusing to testify. The dill
f1culties in the way of securing testi-
mony through the purchaser in prac-
tical effect would be no greater after
purchase becomes an offense against the
Volstead act than at present.
II it be said by way of objection to
the proposed amendment forbidding
purchase that 1t would be necessary to
allow too many purchasers to go un-
punished 1t may be replied that the
ordinary purchaser for beverage use is
of such little assistance in enforcing
prohibition that his continued exemp-
ton from punishment in order that his
testimony may be utilized is hardly
purchase when We punish possession
1t is dificult to punish possession. A
person under suspicion. If an owner OF
premises on which liquor is found
pleads ignorance of content of package
Or of delivery. or claims delivery by mis-
take. Liquors are so easily disposed OF
that possession soon ceases and all
tangible evidence disappears. They are
so easily concealed that evidence is
hard to obtain. Search procedure Is
surrounded by many obstacles. But II
purchase be made a crime the know
ledge on the part of the seller of the
purchasers guilt will hang over the
purchaser like a pail. When purchase is
made a crime as we'll as sale the seller
and the purchaser will became SC
suspicious Of each other that the traffic
will receive a serious setback from this
very condition. They will hesitate to
deal together as freely as in former
days when the purchaser had full
liberty.
Contention Not Valid.
It is commended that the passage OF
the act against the purchaser is un-
constitutional because the eighteenth
amendment does not in terms prohibit
purchase. This contention is without
validity. The purpose OF the eight
eenth amendment Is to stop the bever-
age use of intoxicating liquor. No doc
trine is more firmly established In
American Jurisprudence than the doc
trine that Congress may enact any
lcgisla ton reasonably necessary to carry
out the purpose of the Constitution. Oul
highest Federal tribunal has gone so
far as to hold that the traffic In non
intoxicating malt liquids may be pro-
hibited on the ground that such step
is an aid in giving effect to a State