Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-03-12
TEXAS DAILY PRESS LEAGUE
Foreign ADVERTISING Representatives
Liberalizing the Dean Law

The measure passed by the lower house Of the
Texas legislature last week and now before the SEN
ate, which would make the Dean law conform more
closely to the federal law with respect to furnishing
first offenders, is a step toward better enforcement of
the liquor laws in Texas.
The measure has met the opposition Of various
organizations and Individuals who do not take the
human equation into consideration in connection with
law enforcement. They hold that the Dean law is
not too drastic, but the court records of Texas would
indicate that it is very difficult to assemble a jury
that will agree with them. There have been many
convictions under the Dean act, but the habit of
juries to suspend sentences of first offenders who
come within the age limit, has resulted in practically
multiplying the law in many counties.
Another factor is that the law has operated to en-
tice hundreds of youth into the business of liquor
smuggling or vending. They have been practically
immune from punishment, as it has been found al
most impossible to secure juries that would send
them to the penitentiary for a year on the first Of
tense. After receiving their suspended sentences they
no longer are useful to the "higherups' who secure
other youths to take their places.
Juries will not'be averse to giving such offenders
stiff Jail sentences or fines, and instead Of escaping
with a suspended sentence after their first offense,
they will receive a certain measure Of punishment,
with the assurance that a repetition Of the offense
will mean a penitentiary sentence.
The heads of the Texas liquor rings have in
weighed hundreds of boys into the liquor game, at
tracing them by big profits and the assurance that
they doubtless will receive suspended sentences if ap-
pretended. In fact, there are several counties in
Texas in which it is very rare for a conviction to be
secured under the Dean law unless it IS accompanied
by a suspended sentence.
There is general sentiment to the effect that in
vocation Of the suspended sentence law has been
ovrworked in Texas, especially in its application to
defendants in liquor cases. But experience has proved
that 1t is difficult to get juries to take that view.
Rarely do they object to giving a second offense de-
PENDANT a term in the penitentiary, but too often
they are inclined to give the first offender the adj
vantage of the suspended sentence law.
The real test of a law is in its application, and in
this the Dean act has failed to come up to the ex-
pectations Of its proponents. Each year hundreds Of
youthful bootleggers are convicted and turned loose
on suspended sentences: their places in the bootleg
ger ranks are filled with youthful recruits, who, in
due course. will be eliminated to make room for
others. These youths, after brazenly Haunting the
than a reprimand. can not be expected to have that
wholesome respect for law which should repose in
the mind Of every American citizen.
A law may be made SO drastic that it will defeat
its purpose, and that IS Just what the Dean law has
done. The bill now before the legislature deprives
the original law of none of its teeth, but will so
amend it that invocation Of the suspended sentence
law in conjunction Herewith will not so frequently
result in securing for the defendant escape from all
punishment.