New Britain herald., 1929-10-19
THE BUYER AND THE SELLER

! 1iii' bt l I-h ANI) IHf SiILER The lower courts having q ten- l dency 10 announce differing deci-
 sions upon approximately similar ! points at law, it becomes the func- ton Of the Supreme court to settle such points for posterity in a man. ner to stay hitchcd. Thus it happens
 that the point whether the buyer is equally guilty with the seller of in- toHlCants under the Eolstcad Act Is
 expected to come before the nine
 federal justices of last resort in
 Washington. In a federal district court in Philadelphia the buyer was held not guilty of conspiracy with the seller; in Kentucky a federal judge held the reverse, citing the plain language" Of the Volstead Act saying it's meaning is self-evi- dent to anyone able to read and un- derstand English.
 Section of the prohibition en- forccment act, in fact, includes the following:
 No one shal! manufacture, sell, {! purchase. transport, or prescribe any | liquor without first obtaining per init from the com missioner 30 to do, except that a person may, without d permit, purchase and use liquor for medicinal purposes when prescribed by physician"
 That seems simple enough; "pur- chase is included. The likelihood at least seems strong that the Supreme court will notice the word; 1t usually doesn't overlook any.
 From practical standpoint, how ever, the situation is not so simple. It may be, as r. Scott Mcbride, na- tional uperintendent of the Anti Saloon League, intimates, that it is more difficult to convict the seller of Illicit liquor if the buyer is held equally guilty than it would be otherwise. A sale of liquor Is rarely made in the presence of a third party and the conviction of a seller usually depends upon the testimony of buyer, who in many instances is granted immunity for giving his testimony. To convict a buyer, the superintendent opinionates, 1t might be necessary 10 grant immunity to the seller, No one, not even dry workers, seems inclined to hope that both buyers and sellers will give -estlmony against each other and hus cooperate in convicting one an- other. $
 Some dry workers notably in the ( south favor a strict application Of C he la" against the buyer as well as he seller The point evidently has Q 'esultcd in q cleavage of opinion [ within the dry ranks; the factions 8 comprise those actuated by genti- ' nent, optimism and idealsm on the D 'ne side, and those who, like MT il are inclined to consider n ,racticality. q
 Ways and means 10 improve the ! prosecution Of prohibition cases re- h UT with considerable regularity. The k ones law, for instance, was to have is lone wonders for the cause. l. at q east gained much more publicity at | he time it was passed than events q iHce is passage justified One hears u title about inc Jones law today. u me is forced 70 doubt whether 1t tC as done much good or harm to st nyone. Il Thus t probably will! be if the il uprcm@ Court definitely declares q, he statns Of the buyer of intoxi- h ants The main thing and the chief v ,ouble in the future as jn the pres V ot and past ~ill be 10 gain the evil T., "nca and provide the testimony. It ii
 M be like leading q balky mule to 10 le water trough "hen he ,an't 1t ursty,
 m
 tPiifT NEEDED IN THE ps
 Mot NTAINS ~