Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-01-07

When a Federal judge at Philadelphia
held that buyer of Illegal liquor might
be found guilty of conspiracy to trans
port his purchase. he started country
wide argument as TO what will be the
effect if the Supreme Court SuStains
such a view of the law.
More as a matter of policy than
from strict regard for the logic of the
situation" says the San Antonio Ex-
press, Federal authorities have directed
their prohibition enforcement efforts
against the tradickers rather than
against bootlegger and customer alike.
Perhaps they would have obtained bet
Ter results had they followed the latter
course Systematic prosecution IS more
likely 10 discourage the purchaser. who
does not profit from the transaction,
than TO suppress the bootlegger, VINO
follows the lawleSs trade for living.
. = The court concludes that a con-
viction may be had OF buyer and a
seller for conspiracy 10 transport liquor
where an order is given or an agree
ment exists and is followed by trans
portation, delivery and payment. Under
that Interpretation a great majority OF
LIQUOR purchasers the traffic is con-
Quoted now-would be indictable.'
ITO some extent" as viewed by the
Pittsburgh Post Gazette. buyers have
been hit through prosecution for hav-
ing lQuor in their possession. but the
decision that under certain conditions
the purchasers may be indicted with
the sellers as conspirators viii. II II
holds. undoubtedly lead 10 new prac-
sNs-.1 szs471 on
officers. Irrespective OF what
views NAV be held on the principle OF
prohibition, It will be generally agreed
that enforcement OF the law would be
greatly accelerated If purchasers as
we'll as sellers of the contra band goods
could be punished. But the danger OF
abuse OF such power would hare TO be
recognized at the same time. A strict
guard would have TO be kept against
tha seeing OF conspiracy where there
was none"
The decision may patch up one loop
hole in the existing law" according 70
the Providence Bulletin. but 1t VIII
take a lot more patchwork before pro-
hioition becomes anything more than
2 costly and unsuccessful exOerim ent.
The Bulletin thinks that those who
seek LIQUOR will decide. probably. 70 be
more careful in making their pur-
chases." and that they will buy from
boosleggers who are not located al
distance from the place where the
iicuor IS TO be consumed. Judge kirK-
patrick implied in his important de-
cision." continues that paper, that an
agreement to transport ths liquor must
exist before the conspiracy charge can
be brought forward He implied that II
2 purchaser simply called TO the at
tent;on Of bootlegger the fact that
the former might be in the market
for a supply OF liquor. the purchaser
would not De involved ~ conspiracy IN
the actual delivery OF the liquor TO his
own home.
The ruling may be claSsed." the
Texarkana Gszette asserts. however.
as considerable Of a victory for en-
forcement," and the Gazette continues
IF Congress would amend the Vol
stead act, making purchase OF liquor an
ofFenSe. as we'll as sale of il, another
step would be taken for better enforce
ment." The Waterloo Tribune wants
to know Should the decision stand.
when is the buyer not conSpiring with
the seller 70 break the law? II LIQUOR
is not homemade. it was transported.
Having been transported. the buyer may
be adiudged guilty OF conspiring 70
transport. as the seller would not have
transported without assurance that he
could sell. Maybe an entering wedge
has been yShoyed in. Maybe there is
TO reach the average buyer