Evening star., 1933-12-08
The Bootlegger's Patron.

The Bootlegger's Patron.
In proclaiming repeal of the eighteenth
amendment President Roosevelt called
upon citizens ito cooperate with the
Government In its effort to restore
greater respect for law and order by
combining such purchases of alcoholic
beverages as they may make solely to
those dealers or agencies which have
been duly licensed by State or Federal
license" Observance of that request,
the President said, will result in the
consumption Of beverages which have
passed Federal inspection, ain the
breakup and eventual destruction of
the notoriously evil Illicit liquor traf,ic"
and IN the payment Of reasonable
taxes for supporting the Government
and superseding other forms of taxation
Without customers, Of course, the
bootlegger could not exist. During pro-
hibition the bootlegger was heartily con-
demned, but his patronage was at the
same time tacitly condoned by many
on the ground that people would drink
and the bootlegger was the only source
Of drink. While the Volstead law. pro-
vided penalties and attempted to pro-
vide the means Of exacting them from
those who sold, manufactured, trans
ported or possessed liquor, there was
distinction. recognized In q decision by
the United States Supreme Court. In
the case Of those who bought from q
bootlegger. Senator Sheppard of Texas
attempted to remedy what many con-
sidered defect in the Volstead law
through q bill which would have pro-
vided penalties for the purchaser as well
were held on this measure by q sub
committee of the Senate Judiciary
Committee, but the bill died In COM
mittee. One Of the practical objections
to the bill voiced at the time was the
belief that juries would not convict q
man who bought liquor from boot
logger for his own use.
Repeal Of the eighteenth amendment
has. OF course, completely changed the
picture. Legal liquor Is. or will be-
available In every Jurisdiction where its
sale Is desired by q majority of the
voters. Buying liquor from bootlegger
will be like conspiring with the boot
logger to escape the payment Of Federal.
State and local taxes. Under normal
conditions, the only motive for such
purchase will be to buy liquor that is
cheap, and the reason it is cheap will
be because of tax evasion by the manu-
facturer and the selling agent.
1t would seem that penalizing the
buyer, as well as the seller, of Illegal
liquor would place convenient weapon
In the hands Of the tax-collecting Fed
eral and State governments. The sound
ness of such principle has been recog-
nized in law before. Section 593 Of the
tariff act of 1890 declares:
If any person fraudulently or know
ingly imports or brings into the United
States, or assists In SO doing, any mer-
chandise contrary to law, or receives,
concealS, buys, sells, or in any manner
facilitates the transportation, conceal
ment or sale Of such merchandise after
Importation, knowing the same to have
been imported or brought into the
United States contrary to law the
offender shall be fined in any sum not
exceeding $1,000, or less than $50, or
be imprisoned for any time not exceed
ing two years, or both.
1t Is added that when the defendant
Is shown to have or to have had possess
sion Of such goods, the possession is
deemed sufficient evidence for convic-
ton, unless the jury Is satisfied by the
defendants explanation Of possession.
Possession. In other words, presumes
guilt.
Congress will soon be at work on new
liquor revenue laws. One part of the
law will Ak Federal duties and taxes
on liquor, another will deal with admin
istrative features of Federal control of
the liquor industry. 1t may be found
appropriate to include in the new rev.
enue act section dealing with the pur-
chaser Of illegal liquor-that is, bootleg
liquor on which a Federal tax has not
been paid.
In the control act for the District of
Columbia such a provision would be Of
possible assistance in stamping out
speakeasies, as well as getting at the
private bootlegger, by making his pa
irons equally guilty with him in the
eyes of the law for evading Federal and
local taxation and licensing regulations.
Inclusion by Congress of such a provi-
sion in the District of Columbia act
might be followed by like action on the
part of State Legislatures.
The President voiced the generally
approved spirit of the new deal in
liquor regulation by calling for the
patriotic cooperation of citizens in
fighting q common enemy. II there
is response, that cooperation alone will
be the most effective instrument In put
ting the bootlegger and his allies In
crime out Of existence. But there Is
always homeopathic element, deaf
to such appeal. The law must be strong
enough to get at that element.