The American issue. [volume] (Westerville, Ohio) 1912-19??, 1931-02-01

nos with which to enforce prohibition
should the supreme court hold in case the
repeater should be enacted, that some
early liquor statutes were still on the
books?
There We're prohibition provisions IN
the Dram Shop acts applying to the sell
ing or giving away o. intoxicating liquors,
also the several statutes. above referred
to- absolutely prohibiting selling, giving
away or distributing Intoxicating liquors
near certain state and federal govern
ment institutions-all il effect at the
time OF The adoption Of the Eighteenth
Amendment. And it is we'll settled law
that statutes in effect at the time Of the
adoption of the Eighteenth Amendment,
which tended to efectuate and not de-
feat the purposes Of the Amendment and
National Prohibition law, were not re-
pealed by the Amendment and National
Prohibition law. (See Blakemore on Pro-
hibttion Sd. Ed, See. 10, p. %. Prohibi-
ton features Of license law held not re-
pealed. Vigliotti V. Commonwealth of
Pennsylvania, 258 U. S. 403). While the
Williams case, supra, it will be noted
named the Local option law as repealed
by the Illinois Prohibition act. it did not
expressly name the Dram-Shop act as
repealed, yet the broad principle of repeal
by implication laid down in the Williams
case, and again in the Alfano case, supra,
would include repeal of the Dram-Shop
and the prohbitory statutes above refer
red to, which were in effect at the time
OF the adoption of the Eighteenth Amend
ment in Illinois, as the only offenses that
could be reached under them would be
the sale or giving away of intoxicating
liquors, and certain other subterfugeS for
sales. Manufacture, transportation and
possession were not inhibited by any Of
these statutes. Moreover, they did not
contain effective prohibition enforcement
provisions, since they were essentially Ii
cense laws.
THE PENALTIES UNDEH THESE
OLD LAWS ARE TOO WEAK IN MOST
INSTANCES TO HAVE ANY REAL
DIFFERING EFFECT.
On the other hand, the Illinois Prohi-
bition act prohibits the manufacture,
transportation, possession and sale of in
toXicating liquor for beverage purposes;
it also prohibits the possession of prop
erty designed for the illegal manufacture
of liquor and declares all such property
as we'll as illegal liquors. contraband, and
subject TO forfeiture. 1t contains all of
the effective provisions of the National
Prohibition law adapted to this state, in
Guiding search seizure and forfeiture pro-
visions; injunction sections under which
places where the law is violated may be
closed as nuisances; priViSiOns empower
ing officers to arrest and search and
seize without a warrant in the case of
automobiles, other conveYances and air
craft. unlawfully transporting liquors, and
for the forfeiture thereof. It empowers
cities and villages to absolutely prohibit
every phase Of liquor traffic. The Illinois
Prohibition act is one of the most COM
plete codes for the enforcement OF the
Eighteenth Amendment in effect in any
state. 1t is constitutional. State Of Iii
nois Y. Milauskas, 318 Ill. 1913, People Y.
Lewis, 319 Ill 154; City of Litchfield Y.
Charles ThorWorth, 337 III. 460; State of
Illinois V. Ajister, 318 III. $50; State Y.
Zimmerman 317 III. 1877; People V. Kawo-
leski, 80 III. 498.
JOSEPH HOWARD COLLIER,
Attorney for the Anti
Saloon League OF Illinois,
TMDTAhTA XMFTS DIFF TTn