Evening Star Newspaper, November 1, 1929, Page 7

LIQUOR PURCHASER | IS FORUM SUBJEGT Senator Sheppard Defends | and Explains Proposed Vol- | stead Act Amendment. A defense of his amendment to make | the purchaser of intoxicants equally | punishable with the scller as one way | of securing “better prohibition enforee- | ment” was made last night by Senator | Morris Sheppard, Democrat of Texas, who spoke in the National Radio Forum arranged by The Evening Star and| sponsored by the Columbia Broadcast- ing_ system. | Declaring that the purchaser’s money | 1s the “foundation of the bootleg mar- ket.” the co-author of the ‘eighteenth | amendment held that the buyer is “guiltier in reality than the maker, carrier or seller.” Senator Sheppard ascribed to the | purchaser the “basis of most of the contempt and ridicule” upon prohibition | enforcement. Must Brand Purchaser. “We must strip the purchaser, not | infrequently a person of means and standing, of the cloak of respectability | and brand him as the lawbreaker he | morally is.” Senator Sheppard declared. | “The purchascr's money,” he added, | *“is the explanation of the rum runner, | the bootlegger, the illicit distiller, the | murders, the scandals, the bribery and ! corruption which attend the efforts of the underworld to circumvent the Gov- | ernment and the law. yet," he continued, “the chaser looks to the very Constitution which he flaunts and mocks for the pro- | tection of his own life and property.” Senator Sheppard asserted that the amendment he recently offered to the Volstead act making the buyer equaily | as guilty as the seller would be valid | under the Constitutior. ~Also. he said, | it was only “logic and justice” that the purchaser be mads equally punish- able with the seller. He pronounced | purchase and sale of intoxicants as in- | deiibly identified in violation of the law. | Next Thursday night Senator Hawes, Democrat of Missouri, will outline | through the National Radio Forum | the wet side of the issue | Senator Sheppard’s speech in full is| follows: | Text of Address. ! Prohibition is stronger in the United States Loday than ever before. Since it became a part of the National Constitu- | tion on January 16, 1920, every seat in the Federal House of Representatives | has been voted upon four times, and | each seat in the Federal Scnate at | least once, a third of the Senate seats | 1 having been voted upon twice. The re- | vigilance. HOLDS LIQUOR PURCHASER GUILTY in a recent article that without prohi- bition indusiry would of nacssiy de- cline to the position occupicd at_the beginning of the century, that without prohibition a short working week and day would be no longer possible. that the reason why America is so far ahead | of other countries industrially today. | the reason America is so rich today. is prohibition: that foreign countries want America for their market because Amer- ica, under prohibition, has the monev. The return of the liquor traffic to its former volume would mean infinite dis- | aster to the workers. A diversion of even 50 per cent of the funds now go- | ing into the consumption of useful ar- | ticles would displace so many workers, in addition to those already jobles: from the rapid advent of labor-saving, man-scrapping machinery, as to pro- | duce the largest number of unemployed ever witnessed in our history. Vigilance Still Needed. The value of prohibition to the Amer- | ican people makes it necessary that we guard it with unceasing and_increasing | The power and the lurs for | multiplied millions of our population in | its lair in beverage | the poison that | aleohol are of such commanding and | to which they are both essential parties? destructive nature that any relaxaticn or oversight in the movement against it may afford it a new base from whici trike soclety again. | SHEPPARD. | the Volstead law. | ing liquor is A& crime, and it is so made WASHINGTON, THE EVENING STAR. within the punitive terms of the Vol-| stead act. Purchasers Won't Volunteer. | At this stage of the discussion let it | be observed that the purchaser of liquor or his own beverage use has been of little or no assistance to the Govern- | ment in the prosecution of sellers. He | Is rarely used and he never volunteers. It is true, however, that enforcement officers frequently become purchasers for the purpose of obtaining evidence | against sellers. In this way purchasers | are of great help in enforcing prohibi- tion. It is perhaps true that a majority of the convictions have been secured in | this manner. But these officers would | not be prosecuted and their evidence | woula continue to be effective in the | event the amendment banning purchase |is enacted. In many prosecutions for | many varfous offenses one defendant is | permitted to turn state’s evidence against a co-defendant and receive im- | | munity. Any question, however, as to | this situation could be removed by a further amendment exempting officers | | from penalty when they purchase for the purpose of producing evidence. Attention should be directed to the Y‘flct that ssion of intoxicating liquors for beverage use is already for- | bidden by the Volstead act, except un- | der specific conditions. A purchaser called upon to testify against a seller | today would in most instances incrimi- | nate himself because he could not have become a purchaser without also becom- | ing a possessor. The provision in the | Volstead act_regarding self-incrimina- tion which I have described prevents {him from refusing to testify. The dif- | ficulties in the way of securing test ’mony through the purchaser in prac- | tical effect would be no greater after oto. | Purchase becomes an offense against the —— | Volstead act than at present. | It it be said by way of objection to I|the proposed amendment forbidding have been informed {h=t an attempt | purchase that it would be necessary to will 'b> made to bring aboit the :ub- | allow too many purchasers to go un- mission_of this decision to the United | punished it may be replied that the States Supreme Court. ‘nrdlnlr',:l Rurrhaser for beverage use is % . , | of such little assistance in enforcing et Lo B prohibition that his continued exemp- It should be noted here that neither tion from punishment in order that his section 3 nor section 6 carris a pun- —Star Staff Ph cause of my proposed amendment. testimony may be utilized is hardly worth while. Furthermore, why exempt. ishment clause Punishment for the purchase when we punish possession? performance of any act foroidden by It is difficlt to punish possession. " A i ’ ik ,vid- | Person under suspicion, if an owner o any part ‘nf the Volstead law is provid. premises on which liquor is found. ~d in a d'fferent section containing the | pleads ignorance of content of package. terms of the Jones law recently passed or of delivery, or claims dslivery by mis- to increass the maximum penaltios of | fake. Liquors are so easily disposed of | that possession soon ceases and all The buyer shotld be included in sec- | ‘ANSIDIE evidence dizappears. frhey are tion 3 as well as section 6 and made equally punishable with the seiler be- cause logic and justice ali require such a course. If the sale of intoxicat- hard to obtain. surroundsd by many obstacles. But if purchase be made a crime the know: ledge on the part of the seller of tI purchaser’s guilt will hang over the purchaser like a pall. When purchase is made a crime as well as sale the seller and the purchaser will became so suspicious of each other that the traffic will reccive a serious setback from this very condition. They will hesitate to deal together as freely as in former days when the purchaser had full liberty. by the Volstead act under the authority of the eightcenth amend t, purchase is also a crime because a purchase is a necassary part of a sale. Is it right that the buyer should escape the law and the seller feel its penalty for an act Is it right that people should bs permit- ted to buy, shile the seller, whose temp- tation to ertme is furnished by the money of the buver, must be penalized” Contention Not Valid. | pealed. so easily concealed that evidence is | Search procedure fis, D. C.. FRIDAY, NOVEMBER 1, 1929. constitutional inhibition against the sale of intoxicating liquors. It is said that in some States the punishment_of the purchaser has been tried and has failed. This does not mean that such a measure will fail again, either in a State or in the Na- tion. In numbers of States prohibition itself, when first adopted, was so vn- satisfactory in practice that it was re- | That was also the case in many counties, townships and pre- cincts before State and national pro- hibition came. Had supporters of pro- hibition allowed themselves to be de- terred and halted by these first reverses | we would never have had prohibition. | ‘The purchaser is one of the principal | obstacles in the way of better prohibi- tion enforcement. With our streets and highways crowded almost to the limit of safety with automobiles, purchasers in the form of drunken drivers become a menace to society in a degree never before approached. Even before pro- hibition railroad companies required op- erators of locomotives to refrain from drink by the imposition of the severest penalties at their command. Now that millions of persons in the United States have become operators of locomotives in the shape of automobile engines the country must enforce the same rule in the only way in which it can reach so large and widely distributed a number— the way of the law. When the people in certain sections of the West in early days found themselves at the mercy of horse thieves, in spite of Jaws ‘mposing penitentiary sentences, they secured an enactment applying the same pun- ishment to those who knowingly bought the stolen horses. Horse stealing began to decline when the money which fur- nished the incentive to the crime be- to disappear. A number of horses was but an incumbrance to the thief unless he could dispose of fthem for money. So it is with the maker, trans- porter and seller of illicit liquor. The | money of the purchaser is the source | and cause of their existence. % Basis for Ridicule, ‘The purchaser furnishes the basis | and mocks for the protection of his own ! upon prohibition, especially by foreign | may hold over him the whip of possible | visitors who are entertained by people | exposure by utilizing the immunity of wealth and prominence who serve | clause of the Volstead act in the event Intoxicul.ws and revile prohibition. These | enforcement officials should decide that | foreigners, utterly deceived as to 1eal| the encouragement of such a course | conditions, take false information back | would be desirable in certain instances == to their respective countries regarding ! in the interest of prohibition. It has prohibition in the United States. This | been well said that a man or woman | false_information has led to the slow- | cannot retain self-respect who becomes ing down of movements against intoxi- | the conscious cause of the performance | cants in a number of foreign countries | of a criminal act of another. It has | and spread a wrong impression through- ' been aptly asked why should any one ' out the world regarding prohibition in | want the right to induce another to | America. commit & crime. That, is exactly what | Th = _! the purchaser does. The purchaser ton of the bontieroneY, i the fountit= | guiltier in reality than the maker, car- chaser's money is the explanation of | rier. or seller, because he is the creative the rum-runner, the bootlegger, the illi- | force behind them all in a vast con. oit distlller, the murders, the scandals, | SPiracy against the Constitution and the bribery and corruption which at- | the law. Here the question transcends tend the efforts of the underworld to | Prohibition and becomes one of law en- circumvent the Government and the | forcement. involving the integrity of l]aw. And yet the purchaser looks to, Our institutions, the very existence HeRvAR: i x : ts | of our form of government. e very Constitution which he flaunts | TG0 ok thean) that thetmere pasiage of the amendment punishing purchaser: C ENTURY 0L BURNER AsTon. MaR. s v & Distriet 408 KEEP WARN With:— Cas Logs 18 of most of the contempt and ridicule which are heaped from wet quarters, EISEMAN'S 7th & F STS. ® Come to Eiseman’s for Special Trousers to Match Odd Coats life and property. We must close this gap in prohibition legislation before it is | too late. We must strip the purchaser, | not infrequently a person of means and standing, of the cloak of respectability. | and brand him as the lawbreaker he | morally is. We must not let it be said | that there is one law for one party to | an offense and no law for the other party. The spectacle of one party to a transaction going free, occupying hmh‘ position in society and business, and the | other driven to the disgrace and shame of a prison cell is enough to shock and | outrage every sense of justice, every sentiment of right. So many of these purchasers will cease to buy when pur- chase becomes an unmistakable crime as to cause an immediate diminution of the bootleg market. Offenses against the Volstead act and the eighteenth amendment will begin to decline. As: purchases cease the reason for the seller will pass, and with it the seller also. ‘The net result will be a smaller number of offenders in the courts than are now | congesting them. Whip Over Buyers. The purchasar will pause a long time before he will buy from a seller who will be all that is needed for more effective enforcement, Whole-hearted, vigorous, efficient prosecutions by the officials is and will always be essential Let us provide these officials with the machinery of a logical and flawless enforcement act and their efforts will have been vastly aided. 4 911 G St. N.W. Phone Nat. 0140-2622 Agricultural agents are employed by 32 of Montana's 56 counties. ILLER COOK Ever Wear a Real $10 Shoe? It is contended that the passage of the act against the purchaser is un- OT the every day kind of $10 shoe, s It is the belief of many that a peint | They tell us that prohibition is aimed 1t i a 1 pult ie larger majority for prohibition | | T Piect in the prohibition crusade |at the liquor_traffic as a commercial in both these bodies at the pres>nt than at any’previous time. During this pe- riod of nearly 10 years the American | people have made more progress in | three fundamental phases of human | welfare—to wit, savings, life insurance | and home building—than in all the 131 years of this republic before the advent | of national prohibition. So far as the | great majority of the American people | are concerned they have traded the smaller liberty to drink intoxicants and | 1o get drunk for the larger liberty to acquire homes, to save against misfor- tune and old age, to clothe and nourish | their families in decency and comfort. | Roger Babson tells us that both| friends and enemies of prohibition | must agree that the increased pur- chasing. power of the masses, so gen- eral since the World War, is largely | due to prohibition, that prohibi-| tion has not only increased pur- chasing power by turning into useful channels funds formerly expended for drink, but has reduced manufacturing and distributing costs, and that from this every one is greafly benefiting to- day. President Hoover, when Secretary | of Commerce, said that the applica- tion of the many discoveries in the physical sciences, the increased effi- cigncy of both workers and executives | and the advent of prohibition have ised our standards of living and ma- terial comfort to a height unparalleled in our history and therefore in the history of the world. Henry Ford, that gur of modern _industrialism, d Al months 1n_night school you can get eaually as se_in évery respect in one-thi much cheaper in the end. “Thousands anteed graduaes. 0 gy 338G Nw: AVIATION FULL COURSES IN STUDENT INSTRUCTION Call or Write for Details Congressional Airport, Inc. Rockville Pike Kensington 311-J WASHINGTON Prof. from_ Spain. Conversational Me'hod. id Progres: " 369, * ad & 4 Felix Mahony’s National Art School | Color, Interior Decoration, Costume ' Design, Commercial Art, Posters 1747 Rhode Island Avenue| North 1114 New Classes Begin Nov. 1 100000006060000090000000. CENSUS OFFIC Pxaminations—3 hours inctruction each day | nd"'3 hours each night. 5 days and 5 nishts each week. Prepare now he Civil Service Preparatory School S.E. Cor. 12th & F Sts. N.W. Met. 6333. * STENOTYP egister for Classes in Stenotypy Bexinning November 1 Special Demonstration Oct. 30, 11 a.m. & 7:30 p.m. TEMPLE SCHOO 1420 K St. N.W. Nat. 3258 Poteet’s ‘coirrce Commer<ial National Bank Bldg. 14th and G Sts. National 4717 Commercial Art Advertising Interior Decoration Costume Design Positions for Gradusies LIVINGSTONE ACADEMY || 29 Years in Washington 1333 F St X, Met. 2883, ACCONTANG November 1 Hours—7:30 to 9 Y. M. C. A, FPhone for Catalog * 1336 G St. N.W. “MOVING, PACKING & STORAGE. LONG DISTANC“E MOVING Since 1 DAVIDSON TRANSFER 17 H St N.W.__Nat a c |3les in the failure to clarify the Vol- | transaction. | stead act, the law carrying out the | essential to commercial traffic as one eighteenth amendment to the P'Pders]i Consttution, 1n respect to the statas of | the buyer of intoxicating lquor. The | saction of the Volstead act under which | prosecutions usually occur, section 3. | forbids selling among other things, but | makes no mention of buying. Section | 6. however, forbids purchase withou® a | permit. Section 6 in effect forbids pur- chase fer bsverage purposes because no permit to a buyer for such an objecti could be lawfully obtained. Manifestly the Volstead act ought not to be left | in this condition. If the buyer is to be | penalized he should be included in| section 3. If not, he should be omitted | from section 6. “ Since my recent offer in the Senate of an amendment to the Volstead act including the purchaser in seciica 3| two Federal judges have announced | that in their opinion the buyer may be | penalized under saction 6. of thesa | judges instructed the grand jury to in- dict purchasers. It is to be hoped that | the position of these judges will be| embodied in a case and taken to the | highest tribunal for settlement. Noth- | ing would delight me more than ap- | proval of their position by a final au- thority. In such event, however, my | amendment would still be desirable in | order to bring section 3 into harmony | with section 6. Another decision by a Federal judge to the effect that the purchaser could not be pun’shed uader | Volstead a¢ thes immediate Is not one who buys as who sells? Does not the law already punish the man who purchases nar- cotics except under the conditions pre- scribed by the statute? Does not the law already punish the man who know | ingly purchases or receives gcods stolen | or smuggled? What is sacred about the | buyer of intoxicating liquor. an article outlawed by the Federal Constitution | itself. which calls for his exemption from punishment? | It 15 said that if purchase is made a crime the purchaser cannot be used a witness against the seller because he cannot be compelled to give testimony against himself. The Volstead act has already taken care of this situation | 1t provides that no person shall be ex- | >d on the ground of self-incrimin: tion or of subjection to penalty or for- feiture from testifying in any suit or| procedure growing out of any alleged | violation of that act and it also provide: that no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing as to which he may testify or produce evidence in obedience to a subpoena, and under oath, except for perjury committed in so testifying. These provisions would remain in the act after the adoption of the amend- ment punishing the purchaser under section 3. We see, therefore, that there is no basis for the objection that the testimony of the purchaser could not be secured in the event of his inclusi constitutional because the eighteenth amendment does not in terms prohibit purchase. This contention is without validity The purpose of the eight- esnth amendment is to stop the bever- age use of intoxicating liquor. trine is more firmly established in American jurisprudence than the doc- trine that Congress may enact any 1-gislation reasonably necessary to carry out the purpose of the Constitution. Our highest Federal tribunal has gone so far as to hold that the traffic in non- intoxicating malt liquids may be pro- hibited on the ground that such a step is an aid in giving effect to a State FOR RENT Two Bedrooms, Live ing Room, Dining Room, Kitchen, Bath and Re- ception Room. Electric Refrigeration. 2001—16th St. For Toilet GoodS .. = %oz, WHELAN’S Sea Breeze The modern antiseptic of many v Month wash gargle, for dandruff, skin eruptiors, afier shaving. 50c¢ bottle, 39¢ 2 for €€ This Coupon worth 3le Bring it to our store and receive a $1 boitle of Society La France or Dermay per fame for 49¢. Narcisse, Jasmin and other popular odors. 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