Evening Star Newspaper, August 21, 1929, Page 3

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N. and Sereens. | 6 | alties are prescribed in a criminal prose- S | cuglon by the national prohibition act, 7.5 | A8 amended and supplemented, for the PT. 9 | lllegal manufacture, sale, transportation, Return-load rales gidfanteed o or from | any distant city on 10 duys” notitce. UNITED snm-s STORAGE €O, | 4:8730th St Netropolitan. m5 “ELBERTA PEACHES Now at QUAINT ACRES iarge yellow Freestones for canning, enting, etc.” Supply Jarge, peices low. ~ Open o the" Di ‘Dleasant iy Brive_odt Throueh right _at_Sligo. 5% —weisslTHE EVENING 'STAR, WASHINGTON, D. SMALL PENALTIES IN OLD LAW ! | GIVEN AS CAUSE FOR JONES ACT Mrs, Willebrandt Tells Why More Sév;re Punishment Was ““teeth” were - | tribution of increasing value as the part in selling the idea to the country. Much advertisement of yeast follows from two cases won in the Supreme Prohibition Effective. (Still dealing with the subject of putting the law to work, Mrs, Willebrandt in this article tells of the progress made before the Jones law was passed and why she advocated its passage. She shows how the big bootlegger could np(m(z with ease and contempt of the law until provided by .enacting legislation which put violation of en- Jorcemeny legisiation on @ par with other crimes.) BY MABEL WALKER WILLEBRANDT. Almost every one has noticed recently that every magazine has most attrac- tive advertisements for the use of yeast cakes. They picture such attractive, athletic, virile looking men and women that I take some pride in having had a 8 Needed to Make gir:f!yml:l ‘giveri the m charge, was'give: sentence the judge could lmpue 'nm sentence was two years!” And it wasn't under the prohibition law. Under it Haar could have received not more than six months.and a $1,000 fine. In other words, & man who had by bribery, cor- through muy States, contributing to downfall and perhaps death of many persons with whom he never came in contact, was subject to less punishment oF “heaiing & ‘gold waich or ‘diampnd of s a gold watch or ring in any one of most of the States. Consider for a moment the actual case of an Indian agent who simply de- frauded the Government in supplying groceries and other necessities to In- dians on their reservations and who thus violated two sections of the Fed- eral statute. The agent had & !lmfly to support and was working for OL ly $1,500 a year. Nevertheless, he was sentenced by a Federal judge to seven years' im- prisonment in Atlanta Penitentiary. On the other hand, a bootlegger whose sale of lhmeed by the Treasury inted to so many mil- that he was subject to Court of the United States which prohibited doctors from prescribing more than | ta: a pint of whisky:every ten days, usin; - kA large array of most dlmnnu‘l ork u best for his patient. listeners during these arguments. I remember when one of them was of her remark, she greeted the Chief Justice warmly by saying, “Oh, I do hope you will decide this case ip our favor!” This impulsive comment made in the presence of several people just drew forth one of Chief.Justice Taft's famous chuckles. But the Supreme Court's opinions (265 U. S.'545: 272 U. S. 581) upheld the constitutionality of the law. And so it happens that we nibble yeast instead of drinking malt extract— for health and vigor. Taxing Bootleggers’ Incomes. Vast sums are made by bootleggers. ‘They never pay income tax. Frequently the way we have brought them to jus- tice best is by investigating first their flnlnclll tnnsactlons and assessing the tax. I(:inu buccaneer named M-nlv Sullivan “resisted paying any in- come tax. And his best defense was that he had made his income unlawfully and it violated the Constitution to compel him to put in a tax return. He won the point, too, before the Circuit Court of Appeals. He tried his own case. He had a sense of humor, quick wit and a glib tongue. The judge was reluctant to hold him as closely in check as to the asking of irrelevant questions as he would a practicing attorney. Sullivan was aware of this and imposed upon the judge’s reluctance to the limit. He was | constantly overstepping the bounds of | propriety. At appropriate places in his examina- tion or cross-examination he would turn | aside for comments to the jury. One of these comments was: *You gentlemen see how these Northerners are harassing me under the prohibition and the tax laws—two of the most damnable stat- utes on the books of this country.” ‘When I was in the midst of my argu- ment on the law of the case later to| the Supreme Court of the United States | the Chief Justice suddenly burst out -in ln audible chuckle that quite upset my [train of thought. He had found the page of the record upon which Sullivan’s comment appeared. He commented that the defendant in the case seemed to hold very decided views with respect to certain of the Federal statutes. Making Crime Less Profitable. ‘The Supreme Court held in this case that an income tax was collectable on profits illegally amassed. This has had a far-reaching effect touching graft, illegal contracts and crime profits of all descriptions, in addition to that derived from illicit liquor. Tax collections from | bosses of the underworld have reached many millions of dollars since the Sulli- van decision. I maintain that if the man conducting & criminal business is financially pinched in every way that the law permits it will do as much to deter crime as’penitentiary sentences. { The Sullivan decision made crime less | profitable, for the illegal operator in | making his return does not dare to| deduct his outlay for graft. The lower court raised that very point, but Justice Holmes waved it to one side, saying: “It is urged that if a return were made the defendant would be entitled | m deduct illegal expenses, such as brib- by no means follows, but it wm be time enough to consider the questions when some taxpayer has the temerity to raise it.” ‘These decisions represent permanent gains in the Government's huge task of enforcing the eighteenth amendment. The winds of popular disapproval and political excitement over “Volsteadism” may rage, but those foundations, though unspectacular, are sure and firm. Ulti- mate orderly enforcement will be built upon them. At moments of discourag ment I find reassurance in the knowl- edge that in this way I have really left a permanent contribution to the devel opment of constitutional law—a con- beer for ed physicians that such laws were unconstitutional becam they unduly interfered with the professional judgment of a physician in prucrlblnfi The Supreme Court room was quite fll Taft stepped down from the bench to greet a promlnent physician. His wife had listened so eagerly to the argument that, without appreciating:the impropriety neral tonic purposes. led by Dr. Lambert of New what he thought led with interested concluded, at the recess, Chief Justice lations and habitual sales of intoxicat- ing liquor or attempts to commercialize violations of the law. “Section 2. This act shall not repeal nor eliminate any minimum penalty for the first or any subsequent offense now provided by the sald national prohibi- tlon act.” I do not believe that harsh penalties will ever secure enforcement of or obe- dience to laws. It is quite true, asstated by some of the anti-prohibitionists, that juries will not convict if the punish- ment does not fit the crime, Certainly, as the head of the department charged with the responsibility for the conduct of prosecutions, I would not recommend enactment of a law that would make convictions more difficult to obtain. Merey Tempered With Justice. Yet the fact is—and I say it without any compunction or pangs of conscience —that I actively advocated the passage of the Jones bill. Why? Probably some of my anti-prohibi- tionist friends will supply an answer far from the truth: “She is a fanatic on prohibition, and she would put her own mother in jail for 10 years if she found her selling a pint of liquo: I have always believed—and my offi- cial record contains plenty of proof of that fact—that it is best for society to temper justice with mercy. But I also believe that there is luch a thing as being too lenient and “easy” with the criminal, and the result is disastrous for law-abiding citizens. ‘The prohibition enforcement problem ‘would not have reached the proportions | it has today if there had been adequate penalties prior to passage of the Jones | law that would have deterred and dis- couraged and frightened the thousands ‘who embarked on bootlegging with the thought in mind “Well, even if I do get caught, I will only get a $100 fine or a couple of months in jail. The ng)kney I can make justifies that much Let's see what the situation was up to the time of passage of the Jones law. person who imports lllbn ot the customs law or who sells such goods after importation may be| imprisoned two years. In other words, if George Jones had been convicted of smuggling into the United States empty whisky bottles, a Judge could have sentenced him to the |t penitentiary for two years and could have fined him $5,000. But if George Jones had instead smuggled into the United States hundreds of gallons of whisky, he would, prior to the Jones amendment, have been subject to a maximun. penaity of only a $500 fine in case of conviction, A drug importer failing to pay the tax levied on opium may be fined $10,000 and imprisoned for five years, or both. If a manufacturer fails to affix the re- quired revenue stamp on phosphorus matches, he is liable to a sentence of two years in prison. Another man, manufacturing tobacco without giving the required bond, is subject to a minimum sentence of from one to five years in prison. For certifying a check when a de- positor had not sufficient funds the na- tional banking act provides a penalty of imprisonment in the penitentiary for from 5 to 15 years. If an Army officer while in an intoxicated condition at a polling place interferes with an elec- tion, he is subject to a sentence of five years' imprisonment or a $5,000 fine, But the bootlegger who sold him the cause of his intoxication, if convicted prior to enactment of the Jones act, faced &t the most only six months in Jail and $1,000 fine. Not a New Law. ‘The fact is that the penalties of the prohibition act . were inconsequential during the fist 10 years of its enforce- ment, or attempted enforcement, and they were totally out of proportion to the big offenses which constitute the real Federal problem. They were out of proportion to the penaities that fol- low violation of other Federal laws. Yet the violation of the pfBhibition statute is a violation of the Constitution itself. ‘The Jones amendment is not a new law. It leaves most of the Volstead act untouched, raising penalties for viola- tion of such sections as parallel specifi- cally with the eighteenth amendment. Only maximum punishments are raised. The judge is simply given a larger slid- ing scale to enable him to fit the pun- ishment to the crime. There has been Willie Haar of national bootlegging fame, whose profits reached the sum of | $7,000,000, after conviction with some raised by the anti-prohibition press a great hue and cry over the outrages Jjudges may commit under it in sen- Economical and so Satisfying Government proceeds on its task of en- forcing the eighteenth amendment. The Jones “Five-and-Ten Law.” Many tears have been shed by anti- prohibitionists, and especially organiza- tions actively engaged in propaganda against the prohibition law, because of the amendment which the antis have labeled “The Jones Five-and-Ten Law.” mt have heard many such comments as “Now you have a law that will let a Jjudge send a woman to prison for five years for selling a quart of whisky, and probably the next thing the prohibi- tionists will get through is a law giving a life sentence to the bootlegger who is caught a second time. and after that you will probably try to get capital punishment for supplying the stuff that even judges are drinking. The prohibi- tionists are just getting desperate be- cause they know the law can't be en- forced under reasonable penalty.” How much truth is there in such statements? First, let's see what the Jones law provides: “Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem- bled, That wherever a penalty or pen- importation or exportation of intoxicat- ing liquor, as defined by section 1, title 11, of the national prohibition act, the penalty imposed for each such offense shall be a fine not to exceed $10,000 or imprisonment not to exceed five years, or both. Provided, That it is the in. tent of Congress that the court in im. posing sentence hereunder should dis- criminate between casual or slight vio- AN Rinds" ot Tes wore nds of ne done reasonable. Plans and estimates free. A Printing Service foffering exceptional facilities For a discriminating clientcle. Thc National Capital Press 1 12101212 D St N.W. Phone National m "Cu'tificd Hcating" I nt%teaxin fiDVapor o w;figu 4 (ODELI] . K. PACE Met. 5834, | .22¢0 9tn . 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GOTT, PRESIDENT Lo children and a man who carries a flask | i on his hip to the penitentiary for five | ac years. Federal judges are Mlnrllu. They are omcers cholmw::rthe cretion. Evi day they sentence hun- dreds of offen under laws that have | sucl fine of $1 to 25 years in the peni . We can trust wr jndnl Cer- tainly government is in a bad way if we cannot leave the llu of l enllen boy who carries a flask to the f¢ game to the wund discretion ol lhe Federal judge whom he faces. There isn’t an objector to the Jones law in the entire United States' who could| point to a single Federal judge in whose hands that boy’s fate would not be safe. Volstead Act a Cobweb of Restraint. ‘The crux of the matter is that a Chicago racketeer would no longer feel 50 safe. The judge now has the power to send him to the gemumhry for five years, and neither the racketeer nor his patrons like that. Every safe is still left around the casual lender. He can be given only a fine. Or he can be given the smallest kind of a jail sentence of an hour or a day. Everybody seems to for- iget the probation statute, under which the judge can suspend ail punishment. That is why I was for the Jones amend- ment. It is not oppressive. It is right for the judge to be able still to deal lenlently with the exceptional case. But arms the Government against crafty criminals. I know that teeth are needed in the law, so that he who violates the Constitution for the purpose of making money may be dealt with in such a manner that the punishment means something. ‘There would be little opposition to this amendment if it pertained to any- thing except prohibition. The little criminals and little drunkards will never overthrow the dignity of the law. We have drifted along for 10 years, with conditions becoming worse, until a new danger has arisen. It is the commercial class of law violator—the racketeer, al- cohol baron and rings of nmuulm—— who combine their lawlessness with trenched political power. To them tht Volstead act was no more than a cob- profits of the business. And it was easy for them to hire substitutes to go to Jail for little terms. A Worried Alderman. In Chicago not long ago an alderman was convicted. He had organized a $5,000,000 company to engage in a sys- | tematic violation of the prohibition law for the specific purpose of commercial- izing crime and making money out of defying the law. My experience as a law enforcement official has convinced { me that the Volstead act needed to be‘ amended so that when that alderman | stands up for sentence the judge may have the power to mete out wmtthlnl reasonably proportionate to his offense. | Before the Jones amendment the price would have been six months or $500 fine for profits to & $5000,000 illegal combs Another reason I know that beneficial results will follow the Jones amendment | is that it will do away with the too| prevalent use of the conspiracy statute. United States attorneys when given evidence of huge sales or manufacture of liquor on a commercial scale, in or- | der to avoid the toothless misdemeanor il WEDNESDAY, AUGUS'I' 2] confederates’ under a m—imlu college boys, mhm with small " 1929, offenses: of’ the ‘Volstead act, have hn’ed nu defendlnu with “conspir- ¢ conspiracy statutes have thul b.en distorted. They nevat were intended for so widespread use. Fed- eral judges, including the Chief " Justice of m Supreme Court, have condemned careless resort to conspiracy in- dlcnn:n in liquor cases. The man who transports a truckload of liquor should be charged with transporting. ‘The man who sells large tities of whisky should be charged with sale, and he who manufactures gin should meet that charge before the bar of justice. That is the forthright way to go about law enforcement. That is what the Jones amendment is enabling prosecu- tors and judges to do. Reaching for the Purchaser. The Jones amendment to the Volstead act also enables the man who purchases liquor from a ‘bootlegger to be prose- cuted. This is because sale has been made a felony. That ties it in with section 251 of the United States Code. Section 251 provides that whoever helps in the commission of a felony shall be fined not more than $500 or imprisoned not more than three years, or both. If, therefore, a man purchases a case of liquor, he is helping in the commission of a felony, and may himself be charged 'lth misprision of a felony. Several Udiea States attorneys are preparing cases of this character now. A great bugaboo has been raised over the Jones amendment. because it is charged that hereafter every prohibition violation will have to be presented to the grand jury. No one who is in- formed upon the various statutes can long maintain such a contention. Al- most every violation reported by pro- hibition agents is a legal infringement of not than five -sections of law, to w (1) Some of the internal revenue statules existing prior to pro- hibition: (2) the possession; (3) nuis- ance; (4) transportation: (5) sale, or (6) manufacturing sections of the na- tional prohibition act; (7) the tariff act; (8) the customs act, and fre- quently (9) the prohibition law of the State. Manifestly, no prosecutor muitiplies charges for the same set of facts by | pleading violation of all of these stat- utes. It is the duty of the prosecunm;‘ official to lopk over his evidence and | then plead the case under the statute best suited.. It is also the duty of a prosecutor to follow the intent of Con- gress. Hope for Hip Pockets. ‘The Jones amendment makes it clear | that Congress intended it to apply pa ticularly to commercial violations of the law. If, therefore, the prosecutor has evidence of a “hip-pocket pint,” he does not need to take it to the grand | jury. He can proceed under possession by filing an information. If the evi- | dence shows commercial “crime for | profit” features, he should take it before the grand jut It is the prosecutor's 'FLAT TIRE? Metropolitan 0764 Pormerly Franklin 764 £ nday 9 AM.S PM. tha grand jury alarm tails. ‘The Jones amendment to the Volstead act is already working. It is not con- gesting courts. They were already con- before it came along. In dis- tricts where the United States attorney has organized his work and is using common sense it is not proving burden- some to grand juries. The little local misdemeanor cases ought to be turned over to the State courts, anyway. The chief responsibility of the Federal Gov- ernment is to reach the bigger offenders —the racketeers. The Jones amend- ment gives the judge power to punish them adequately instead of giving them a “slap on the wrist,” as the Volstead peralties have been doing for 10 years. ‘Why all the hullabaloo over the hypo- thetical harshness of the Jones act? The Volstead infant has been in the Tontine ¥. 3 xl;;::l:! 10 years and M bootleggers ‘Then why not try f\n-nd-uen? Mnybe they won't ll\llh 80 easily. (Copyright, 1929, hy curr'li “fl P.ltur.. (In her next article llrl Wuubn.ndt will reveal some of the human flaws in enforcement.) e g M o Ballantine Divorces His Wife. 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