Evening star., 1933-12-15
GUILT OF ILLEGAL
BUYER PROPOSED
Couzens Says Plan Has
Backing of Several
on Committee.
Continued From First Page.)

repealed.
Judge johnson Hayes took the posi-
tion that repeal of statute pending
prosecution for an offense which 1t
creates stopped all prosecution and de-
prived the courts of authority to i'm
pose sentence even though the de-
PENDANTS were convicted.
A similar decision was handed down
yesterday in San Francisco.
There are thousands of cases pend
ing in which indictments have been
returned" explained Solicitor General
Biggs, "and other thousands of al
legged offenses in which indictments
could probably be obtained charging
acts which at the time committed con-
stituted violations Of the eighteenth
amendment.
If the North Carolina decision
stands, it will have the effect OF quash-
ing all indictments now pending or
on trial under the national prohibition
act and result in the discharge of
all those against whom such offenscs
are alleged.
The Ninth Circuit Court Of Ap-
!. peals (San Francisco), according to
news reports on which I have received
no official confirmation. has set aside
judgment OF conviction found by a
Federal District Court based on vio-
latlon OF the elghteenth dmenoment.
Would Quash Cases.
"If that ruling has been made and
is upheld by the Supreme Court. It
will have the effect Of quashing all
cases in which convictions have al
ready been obtained in cases charging
violation Of the national prohibition
law"
Federal authorities previously had
said the San Francisco decision would
prevent them from proceeding with
Volstead act charges pending the seven
States of the ninth circuit-Cahfornia
Oregon, Washington, Montana, Idaho,
Arizona and Nevada-and that, al
though it would have no direct legal
force in other States, it might be fol-
lowed by the Federal courts therein.
The decision exempted the Territories
of Alaska and Hawaii from the ruling,
setting forth that the power Of Con-
greSS was plenary in those areas.
(The same situation with respect to
the Volstead act obtains in the District
of Columbia as in these Territories. and
in some quarters today the California
decision was interpreted as strengthen
ing a previous ruling along these lines
by the Attorney General)
Cites Precedents.
"It is a universally recognized rule
in American and English jurisprudence"
said the California opinion, that the
repeal of a criminal law before final
judgment has been rendered deprives
the court OF the power to proceed to
judgment in the pending criminal case
unless there is a saving clause.
Repeal of the eighteenth amend
ment has taken away the power of Con-
greSS to legislate on the subject Of pro-
hibition insofar as that authority has
derived solely and exclusively from the
eighteenth amendment"
The decision said the new twenty
first amendment contained no saving
clause.
When Couzens presents his idea for
prosecution of bootleg buyers to the
committee-he said several members
had suggested 1.-THE legislators also
must consider demand from munich
paitieS for their share of potential
revenue on liquor. This claim was filed
with the administration by the United
States Conference Of Mayors. which
held that before prohibition "it was
recognized that it was the municipalities
which were entitled to be the principal
recipients Of tax revenue" from liquor.
Members OF two committees, Senate
Finance and House Ways and Means.
who concluded their joint tax hearings
Yesterday, already are at odds over
whether the Federal Government should
collect all the liquor tax and return part
OF it to the States. as a presidentally-
appointed committee suggested.
President Roosevelt was described by
CHAIRMAN Doughton of the WayS and
Means Committee last night as in
clined toward the single Federal COL
lection and ALLEGATION to the States.
He said he also was inclined toward
the single Federal collection.
Tax Hinges on Method.
The amount of the tax to be levied.
evidence indicated, would depend on
the method of collection. Witnesses
said low Federal levy might be pos
sible If agreements were reached with
States on the size of their liquor taxes.
Some members said that if the Fed
eral Government alone collected the
tax, the figure might be substantially
above the SITS to 50 gallon distilled
spirits tax reported to be favored by
many of the committeeman. This,
however. would be offset by the fact
that State levies would not be placed
VI WOuiQ Uc kcpL dt ulIllIlluIu.
The Treasury Department has not
waited for the fixing of a liquor tax to
prepare for its collection of revenue
Officials Of the department said yester-
day that already 100000 liquor tax
stamps had been printed in anticipation
of the levy on legal liquor sales.
Adopt Old Plan.
The Federal Government, unless Con-
gress in setting up the new tax levy
changes the system. proposes to con-
tinue its established plan for getting
the tax money. The stamps will be af-
fixed-and paid for-at the point of
origin, the distilleries, the rectifying
plants. the bottling concerns and, in
case of imported liquors, at the ports of
entry.
With the public hearings closed,
Chairman Doughton said he would call
an executive session of the Ways and
Means Committee to study the testi-
mony Chairman Harrison of the Sem
ate Finance Committee said the Senate
would withhold action on the liquor tax
legislation until the House had acted.
Before the joint congressional hearing
in taxes concluded yesterday. charge
made at the hearing by Harvey H.
Smith of Kentucky that whisky
trust" was in existence. later was
brought to the attention of Joseph H.
Choate. jr., director Of the Federal AL
cohol Control Administration, by re-
porters.
Ch0ate Gets Protests.
Choate said he had received several
kilograms phrased "in rather violent
language" referring to the matter and
that he had turned them over to the
Distillers' Code Authority, the agency
responsible for the marketing agree
ment.
Choate said that while he was told
the liquor price situation "is bad" his
agency had no way ready now to reg
ulate prices.