Law Observance: Shall the People of the United States Uphold the Constitution?

By W. Durant C. | Go to book overview

STOP TAXING INTOXICANTS

A. D. Kirk United States Commissioner, Louisville, Kentucky


I

RETAIN the National Prohibition Enforcement Act, commonly known as the Volstead Act, in its present form, generally, without any amendment that may tend to relax or weaken the general force, or effect, or purpose, or scope, or extent, or spirit of the law, or of the constitutional Amendment.

Any amendment that does not fit into the present scope and spirit of the law would doubtless require high judicial interpretation before its usefulness, if any, could be determined. No such thing is necessary, as the general scope and spirit of the law seem sufficient for the purpose for which it is intended. There has been sufficient judicial interpretation anal construction of the several provisions now embraced in the law, to make the law reasonably well understood and workable in its present form.


II

Strengthen the enforcement law in its present general form, by providing a substantial prison sentence for every violation of it, in addition to the fines already provided for.

Section 37 of the U. S. criminal code is frequently invoked as a means of enforcing the provisions of the National Prohibition Act. By charging two or more joint offenders with conspiracy under section 37 of the criminal code, such two or more persons may be punished by substantial imprisonment for an offense against the prohibition law which may not involve more than one pint of whiskey or other intoxicating liquor. On the other hand, a single individual may be found guilty of the possession or transportation of a quantity of intoxicating liquor as large as it is

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