Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-05-27
DECISION ON LIQUOR
y HELD WET VICTORY
Supreme Court Is Declared
to Have Provided
Sales Talk.
BY DAVID LAWRENCE.

No decision of the Supreme Court
Bince the Volstead law was enacted has
had such a profound effect on the
whole prohibition problem as the rul-
ing that the purchaser is not equally
guilty with the seller of intoxicating
beverages.
The moral effect of the decision will
be far-reaching The fact that an in
dividual may encourage the commission
of a crime and yet not assume any le-
gal responsibility for the act itself is
generally regarded as something which
the legal mind can justify on technical
grounds; but from political viewpoint
It is the worst blow that the prollibi-
ton movement has received, for 1t
means that thousands of people who
have hitherto hesitated to encourage
bootlegging because of the belief that
they shared in the legal responsibility,
have now had all doubt removed by the
highest court in the land.
Challenges Congress to Act.
The decision really goes farther-it
challenges Congress to make the pro-
hibition laws more effective If it so de-
sires. With the problems of enforce
ment growing more complicated every
0oys J4lC lQCd VI CA1dSOAI6 . law
will specifically permit the prosecution
Of individuals who buy liquor Is not
relished from an administrative point of
view.
The vets are jubilant over the de-
cision, for they think that it ultimately
means notification of the VolStead law
by Supreme Court Interpretation. They
argue that If the highest court in the
United States can rule that a boot
logger may sell his wares unlawfully
and yet the recipient of the goods may
the word possession" as used In the
volStead act can also be made q dead
letter.
The general assumption has been that
the VolStead law prohibited possession
in every sense of the word. The Su-
preme Court decision says that the act
Of purchase is not illegal, but it does
not pass upon the point as yet as to
what would happen If the Government
prosecuted a man who had liquor in
his possession that was not lawfully
distributed.
Although the Department of Justice
has made no announcement, it Is
assumed that test case based on the
theory of possession following proof of
sale by bootlegger is the next step.
Entirely apart from the legal aspects
of the decision, the ruling of the Su-
preme Court will play a vital part In
prohibition discussion and controversy
henceforth. It comes at a time when
the dry forces are fighting against a
much more active wet group than at
any time in the last 10 years. There
never has been law which prohibited
the consumption of liquor, and now
that the court rules that purchase Is
not illegal, the whole question of en-
forcement turns upon prosecution of
the bootleg trafic.
Individual Rights Enlarged.
For a long time 1t has been claimed
by some Government officials that the
trouble with the prohibition movement
Is that 1t confused two things-the
illegal trafic and profit-making side
with consumption or manufacture for
personal use. The rulings and decisions
have gradually enlarged the rights of
the individual, while at the same time
Strengthening the laws against the
bootlegger.
The Immediate effect, however. will be
an increase In the sales opportunities
Of the bootleg world, for they now have
been provided with a sales argument
they thought they never had; namely,
with the individual who has hesitated
to encourage law violation It Is not
likely that any proposal to punish the
purchaser will come before the present
Congress, but after the naHt congress
sional election, in the Autumn, this issue
will probably furnish the basis for q
climax in the whole prohibition con-
trversy in the December session.
(Copyright, 1s3o0