Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-01-19

The commission proposes that the fol-
lowing shall be deemed casual or slight
Violations:
I'D Unlawful possession, ca single
sales Of small quantities by persons not
engaged in habitual violation of the
law, 90 unlawful making of small
quantities where no other person Is en-
ployed, a. assisting in making or trans
porting as a casual employee only,
(5) transporting of small quantities by
persons not habitually engaged in trans
portation of Illicit liquors or habitually
employed by habitual violators Of the
law"
1t Is proposed that in any case what
ever the district attorney may present
by indictment, with the possibility OF
infamous punishment, but that in any
of the five cases above set forth he may
prosecute by complaint or information
and the matter may be disposed of
summarily, and it is proposed that
Congress enact Gas an amendment to
the prohibition act), that under the
latter procedure "the penalty for each
offense shall Be a fine not to exceed
$500. or imprisonment in Jail mot at
hard labor, not to exceed six months,
or both"
The proposals contemplate a large
use OF the existing system Of United
TT could be provided that, in case
the accused, prosecuted by complaint
or information. pleads guilty. such plea
may be reported by the commissioner
to the court and Judgment Of convic-
ton rendered and sentence imposed by
the court. Then it could be provided
that in case the accused so prosecuted
pleads not guilty there shall be hear
ing before the commissioner, who shall
n
examination Of his findings shall rem
der judgment of acquittal or conviction
as the case may be, and In case of
conviction impose sentence.
1T could be provided further, that If
conviction Is recommended by the COM
missioner, the accused may within three
days after filing of the commissioners
report except in writing to the report
and demand trial by jury. Finally, it
could be provided that in such cases
the district attorney may elect whether
to go on trial on the complaint or in
formation or to submit the case to the
grand jury. and that in case the grand
jury indictS the case shall then pro-
coed upon the indictment"
A new separate act would be required
to give effect to the proposals in the
above two paragraphs. No doubt ex-
ception will be taken on constitutional
eral eminent lawyers and jurists have
vouched for the legality.
The Jones law makes every violation
OF the national prohibition act poten-
tial felony. The commissions sugges-
tons aim at preserving this feature of
the existing law. up to the time the
district attorney elects how to prose-
cute, there Is a potential felony. In
other words, all the possibilities in the
Wav NJ orroct and Vnrovenfi0v, which oh
tain under the existing law are con-
served"
Apparently the commissions work
has only just begun. Their preliminary
report starts off with certain pregnant
observations which shout for quotation
as follows:
TT is impossible wholly to set of
observance of the prohibition act from
the large question of the views and
habits Of the American people with
respect to private Judgment as to status
and regulations affecting their conduct.
ITO reach conclusions of any value,
we must go into deep questions of
public opinion and the criminal law.
We must look into the several factors
in the attitude of the people, both gen.
orally and In particular localities, to-
specific regulations. We must note the
attitude of the pioneer toward such
things.
I'VE mus bear in mind the Puritan's
objection to administration, the Wing
tradition of a right of revolution the
conception Of natural rights. classical
in our policy; the Democratic tradition
Of individual participation In SOW
ereignty. the attitude OF the business
world toward local regulation of enter
prise, the clash of organized interests
and opinions in a diversified commu-