Evening star. [volume] (Washington, D.C.) 1854-1972, 1940-08-15

United States which seems to have
been overlooked by the Justice De-
partment in connection with vio-
lations of the Hatch Act says:
If two or more persons con-
spire - to commit any offense
against the United States - and
one or more of such parties do any
act to effect the object of the con-
spiracy, each of the parties to such
conspiracy shall be fined not more
than $4,000 or imprisoned not
more than two years, or both"
In a case to be argued before
the Supreme Court this autumn, the
Justice Department is contending
that one who sells materials with
knowledge that such materials will
be used in the production of illicit
distilled spirits pursuant to con-
spiracy to violate the internal rev.
enues may properly be convicted as
q co-conspirator."
Cites Court Support.
The Justice Department in taking
this position declares it is supported
by decisions in the following Circuit
Court appeals: Ninth circuit.
seventh circuit, sixth circuit, first
circuit, eighth circuit. Only two
circuits seem to be contrary.
The departments brief is signed
by Francis Biddle. Solicitor General.
In this case, moreover, the goods
themselves are innocent The de-
partment takes the position that
landlord may be held as an Access
sorry or a conspirator if he fails to
evict a lessee after he has acquired
knowledge that the lessee is using
the leased premises for the opera
ton of illicit stills or the illegal sale
Of liquor"
Under the Hatch Law, it is illegal
for the citizen or corporations to
purchase campaign books or adj
vertising space therein, but the At
torney General has said that it is
not illegal for the books to be sold,
but only to be bought. Yet, in the
case of a building occupied by a
tenant who violates the law, when
the knowledge comes to the land
lord concerning illegal use, he Is
in duty bound to evict the tenant
or become subject to penalty under
the conspiracy statutes.
Volstead Days Recalled.
The analogy between these in
stances is clear. Indeed. back in
the days of the Volstead Law, there
were several prosecutions in which
the seller was regarded as a con-
spirator along with the buyer Of
forbidden beverages Of alcoholic
content. The weight of authority
in those cases appears to be that
the seller is guilty Of conspiracy
when he sells any article, the pur-
chase Of which Is prohibited by
law.
One Of the excuses given by the
Democratic high command is that
the sales were made before the
Hatch Law was signed, but the
Federal Corrupt Practices Act,
which forbids any contributions
direct or indirect by corporations
to a political party, has been on the
statutes since 1909, and it would
appear that those who issued the
Democratic campaign book con-
spired to bring about violations Of
the Federal Corrupt Practices Law.
No such indifference to alleged
law violation is permitted by the
Justice Department, where business
men generally are concerned. Dozens
OF reputable individuals engaged In
large scale operations of industry
are today being harassed by the
same department, with criminal in
dictments and other criminal pro-
ceedings on purely technical
grounds where marketing practices
OF an economic character can be
defended under the completely Of
decisions Of the Supreme Court. So
sadistic is the view of the Justice
Department that 1t will not allow
these economic problems to be
settled by civil suits, but there must
needs be a public scandalizing Of
men who have tried to follow the
CouIt pTtCeQentS IN gOOd 1altn.
Violation Plain.
But here, in the case of the sale
Of the Democratic campaign books
to corporations, is no technicality
at all, but plain instance of viola
ton OF q law for which criminal
penalties alone are provided. In
the administration of President
Coolidge when Cabinet officers were
found to have misused public power
IN connection with the Teapot Dome
scandal, a Republican Chief Execu-
tive did not hesitate to appoint
special prosecutors and bring about
the trial of persons high in his own
political party. President Roosevelt
can find eminent legal counsel to
appoint so as pOt tn enha rraSs fhe