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

By W. Durant C. | Go to book overview

USE ONLY FEDERAL COURTS
John A. Mears District Court, Portland, Oregon

"IT is altogether fitting and proper that this activity should be initiated by an automobile manufacturer, for no right thinking man or woman will claim that booze and automobiles can be managed at the same time by the same person, and if either liquor or automobiles must go, it will not be the automobile."

1. Amend the Volstead Act, creating an intermediate court by enlarging the jurisdicion of the U. S. Commissioner's Court. The commissioners contemplated herein to be appointed by the United States district judges, to serve during the pleasure of the court making the appointment. The right of appeal should be provided to the present United States district courts in such cases only where penalty imposed exceeds one year in jail and/or $500 fine.
2. Abolish the prohibition enforcing department under the Treasury Department and provide in lieu thereof that the United States marshal of each district shall perform the duties of enforcing the law, allowing to each marshal at least 12 deputies in each judicial district, and with such additional authority vested in said marshals to call on any peace officer of a state or municipality to assist him in the performance of their duties; also providing a sufficient penalty for the failure or refusal of peace officers to render assistance when demanded by the United States marshal.

One Jury Trial Only

3. Provide a jury trial of 12 jurors, with the right of women to serve on juries, to be drawn from the regular district court panel.

When a jury shall have agreed upon a verdict of either acquittal or conviction, such verdict shall be deemed to be a full compliance with the right of trial by jury and shall be a bar and preclude a second jury trial should the action be appealed to the United States district court.

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