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with its national leadership as welt
as in He facto alliance with Tam many?" Harding Stand Commended The telegram which the conference sent to President Harding, and which was signed by Dr. P. A. Baker as chairman and H. T. Laughbaum as secretary, was as follows: "State superintendents and national officers of the Anti-Saloon League of America assembled in conference at Westerville, O., send greetings and congratulations to you for your strong and wholesome utterances on the ques tion of law enforcement, made at Denver,, and especially your illuminat ing characterization of the abandon ment of states' rights so justly applic able to the nullificationists of New York. \Yc pledge you our hearty support in carrying out your program to sustain and enforce ‘universal pro hibition' throughout the nation and for the enforcement of all law." In this declaration of commendation of the president's attitude. Democrats, of course, joined with their Republican brethren, and a significant declaration was that of the Southern superintend ents, as recounted in last week’s Issue, that they would not support a wet Democratic candidate, but would take the field in support of a dry candidate on a:t opposition ticket Republicans Make Statements SitPilarly significant were the state ments of Republican superintendents, from Republican states, that they will not support wet Republican candi dates, but will turn their strength to dry Democrats Notably among these was E. F. Jones, Nevada, who, as a boy of nine recited poetry in the first Lincoln campaign, a life-long Re publican, who, last year, supported the Democratic state ticket. Edwards, Smith, Stanley. Under wood, A1 Smith—these and other wets j who seek to get hold of Democracy, were read out of the line. Such a man as MeAdoo was said to be satis factory to the dry Democrats. Take Foreign Ship Stand It was made plain at the conference that the League supports the govern ment in its attempts to compel foreign •hips to come into American waters entirely dry, and that such efforts are laudable, even to the breaking of gov ernment seals if necessary. At this writing it appears uncertain what Congress may or may not do, and can or cannot do, but it was the sentiment of the conference that the League will watch such legislation as seems to let down the bars to liquor-bearing craft. One of the developments Friday, as the executive committee was in ses sion, was the gratuitous attack of Mayor Hylan of New York on Wil liam H. Anderson, superintendent of the Anti-Saloon League of New Yorjf, and Palmer Canfield, prohibition com missioner for New York. In letters to these men, which he gave to the press, Hylan said prohibition could he enforced six months if the prohibi tion officials so wished, and that the League, fearful lest it should lose its revenues, did not want prohibition enforced at all. T-o this diatribe Dr. P. A. Baker re plied as follows: "If what Hylan says is true, then the action of A1 Smith and the legis lature of New York and the attitude of Mayor Hylan are the very best chest filler we know of. If these wet apologists want the Anti-Saloon League to continue to receive money, the best thing they can do is to pur sue the course they are now pursuing. If anything ever kills the Anti-Saloon League it will be 100 per cent enforce ment of the law by the officers sworn to enforcement. The action of New York has wakened the people to the continued work of the liquor crowd, and has roused well meaning friends of law and order from the lethargy Into which they fell when prohibition became a part of the Constitution. With the Eighteenth Amendment In the Constitution many folks thought everything was settled and went to sleep on this question. They are now fully awake, and such men as A! Smith and John Hylan are waking them up." Like Backwoods Magistrate Dr. Ernest H. Chcrrington, general secretary of the World League Against Alcoholism, said: ‘‘Hylan talks like a backwoods Jnatiee of the peace rather than like the mayor of the greatest city on earth. Behind his attempt at sarcastic wit he is trying to build an alibi, so as to evade his sworn responsibility to enforce the law." At tiie banquet Thurday evening addresses were made by Bishop James Cannon, Dr. A. J. Barton, James K. Shields, Dr. Ernest II. Chcrrington, Joseph Pope, S. J. Fickel, Miss Ila Grindell, R. E. Farley, Dr. A. H. Briggs, Dr. H. W. Tope, A. J. Davis, A. E. Shoemaker, Dr. H. B. Carre, Geo. B. Stafford, Thomas M. Hare, and others. Dr. P. A. Baker acted as toastmaster. Messages of sorrow were seat to the te'.ativei of the late George D. Conger and the family of John Strange, former lieutenant governor of Wisconsin, fel low workers beloved. The state of Ohio has a surplus in the treasury of $24,000,000. Not a bad showing for a state that is worrying along without liquor revenue. Will London and other British newspapers please Uke notice, 1 ILLINOIS' GOVERNOR VETOES LAW ENFORCEMENT BILL Governor Small of Illinois on July 2 vetoed the law enforcement act passed by the* last legislature providing for the turning over to the attorney gen eral of all fines for convictions of dry law violators secured by his office, the money to be used in further prosecu tions, The Chicago Daily News says that the veto was attributed to the governor's desire to take another slap at Attorney General Urundage, that j while the attorney general would not have been benefited financially he would have gained considerable prestige if he had been able to in crease respect for the dry law\ FOUR YEARS PROHIBITION BOOSTS OHIO BUSINESS — The state of Ohio has had prohibi tion four years, and now comes the capital city of Columbus and certifies that the bank clearings for the first! half of 1923 are the largest in history —$410,981,900, an increase of over $50,000,000 over the first half of 1922 and nearly $46,000,000 in excess of the first half of 1920, previous high record. Once again it is pertinent to ask, what has become of the wet prophecy that prohibition would kill business? OHIO PEN. POPULATION OUT BY PROHIBITION Annual Report Bernllon Don't. Ohio Institution Brings Big Fact to Light SLUMP 325 IN THE YEAR Noisy Claim of Weis That Pro hibition Increases Crime Not Borne Out by Facts Here is nows which Ohio wets will, hardly include in their propaganda when they make their campaign to put the state in the wet column. According to the annual report of the Ohio peni tentiary Bertillon department, 325 fewer prisoners were committed to that insti tution during the year ending June 30 than in the previous twelve months. The number of commitments the past year was 1,000 while the previous vearj 1,325 were admitted. This is a good j showing considering the increase in pop-1 ulation of the state and the more severe j laws enneted for the punishment of crime. In saloon days of penitentiary the number ran as high as 2,000. It is the claim of the wets that pro hibition is increasing the population of prisons and jails. They make this claim without facts to prove it. The record • of the Ohio penitentiary for the past year has proved to the contrary. An average of nearly a prisoner a day less | than the previous year completely re- j futes the wets’ claim. Prohibition is j making good. — _ _ j CANDY TRADE SHARES DRYNESS’ BENEFITS Walter C. Hughes, secretary National J Confectioners' Association of Chicago1 says there lias been a great deal of speculation as to the effect of prohibition on the candy industry and a great deal of misinformation has been given out. “We, however, made some investiga tions which justify us in saying that the Candy Industry has not been bene- j fltod to any greater extent than a great | many other industries,” writes Mr. Hughes. "Generally speaking, the in dustries that have received any direct nr indirect benefit on account of prohi bition in proportion to the benefits re ceived are ns follows: “First—Savings banks. “Second—Soft drink industry. “Third—Ice Cream industry. “Fourth—Motion picture and theaters.1 “Fifth—Candy Industry. “I think it is an indisputable fact that *11 industries, generally speaking, have ; been benefited by prohibition. More money is now being spent for food and dothing, luxuries and amusements, and pnt Into the savings accounts than be fore prohibition heeame effective.” dry law enforcement BADGE OF AMERICANISM Delegates to the national convention af the Royal Order of Moose recently held at Mooschcart, 111., were told by D. A. Brown, past supreme dictator mil former mayor of Kansas City, that no man is entitled to the name of American citizen who is unwilling to do all possible to bring about en forcement of the national prohibition amendment. Mr. Brown declared: ‘The best element of society is not igainst prohibition as law-breakers jre trying to make you believe in arder to make you feel safe in doing is they do." NEW YORK RUM-RUNNERS ADOPT COWARD'S SCHEME The Adirondaeks rum runners have ! hit upon a new scheme to evade cap- j lure, says a story in the New Yorkj Herald. They carry a child in the j rear of the booze car, thus preventing ’ the officers from firing at the fleeing booze car, ' DECLARATION OF PRINCIPLES AliO PROGRAM Recommended by thp Superintendents’ and Workers’ Confer ence to the Executive Committee; Unanimously Adopted The following is the platform of notification to all and sundry—of what The declaration of principles herewith ference of Anti-Saloon League Supt Westerville June 28, and ratified by t Saloon League, sitting iu Weservillc tl The Anti-Saloon League of America, in harmony with its settled policy of thirty years, will not ask the Conven tion of either political party for a dry plank or one sustaining the Eighteenth Amendment. The Eighteenth Amend meat is’an established fact. The Anti Saloon League will, however, continue its policy of helping to support the nom illation and election of candidates op posed to the wet program and who are in fuvor of the Eighteenth Amendment nnd tiie effective enforcement thereof. THfe liquor truffle, though outlawed, is still lighting. It is backed by the money power of the liquor trnffle of tho world. The liquor lords, knowing that a dry America means a dry world, are seeking to keep the world wet by recovering what they lost in America. They are seeking to make of the Constitution of the United States a mortuary chapel with a dead amendment in one of its niches. Tho saloon, with its attendant evils, is trying to march back under the banner of light wines and beer. American sobriety is at stake. Regard for law, respect for the Constitution, all that is deepest in the heart of Amer ica, is at stake. The opposing forces arc drawn up for the aupreme struggle. It is law or liquor, the Constitution or anarchy. The call conies to every pa triot, every lover of mankind, every law abiding citizen. It comes in a peculiar way to every member of the Church of the Living God. If the church will keep the faith, the liquor traffic will bo com pelled to keep tho law, and America will lead the world into the glory of a day when the human race will be free from the deadly taint of alcohol. Challenged by Minority The right of the majority to enact and enforce laws within the Republic is I challenged by a minority. The duty of j tho minority to obey the Constitution,' legally adopted by the required ma jority, has been irrevocably established. When a minority are dissatisfied with the Constitution they have the undoubt ed right to persuade others to join them until they constitute a majority and then change the Constitution by legal methods. If the state and nation can repudiate their Constitutional obliga tions deliberately adopted, nnd repeal the laws essential to the enforcement of the Constitution then orderly govern ment will fail. Defiance of the majority by a minority is exemplified by the action of the Legis lature and Governor of New York State in repealing the law- of that state de signed to aid in the enforcement of pro hibition. By this action the Legislature and the Governor abjectly Surrendered the sovereign right of the state to de termine the way it should enforce a principle binding upon the state in any event; they completely capitulated to the criminal bootlegger, making him the only beneficiary of their act and at the same time refused the law abiding citi zen the protection of the law; they de nied their legal duty and were recreant to their moral duty to help enforce the mandate of the highest law of the land. This action, and any other act of nullification, merits the indignation of true Americans everywhere, and pre suges early political oblivion for its perpetrators. We appeal to all fair minded, law ibiding citizens, both friends and foes of prohibition, to play the game of de mocracy fairly, to obey and help to en force the Eighteenth Amendment until t is repealed by the orderly processes if government. When the right, of a self-governing people to have its own aws enforced is challenged, the issue must be met and fought out without piarter until the black flag of lawless icss has been supplanted by the emblem >f law and order, and until Old Glory s respected in every part of our country. Doctrines of Anarchy Respect for, and obedience to, tho aw- must lie accorded by every one who s not ready to assert his own superior ty to the law and thus espouse the loctrines of anarchy. The bootlegger vould not exist without patrons. The jerson who patronizes the bootlegger conspires to violate the law and should jc held in equal contempt with his fcl ow criminal, the bootlegger himself. A corollary of universal obedience to he law is energetic and impartial en forcement of the law. Wc call upon the -ourts to impose penalties commensurate lot only with the enormity of the offense jut also with their deterrent influence lpon the offender. We urge jail sen ences as a means to this end. Wc most earnestly protest against fcvorablo recognition being given by rhurch bodies to any Senator or Repre icntative who declares that he is for the return of beer and wine, and that he will support or politically consort with ;hose who have preached defiance of law ind disregard of Constitutional obliga :ions. The election or retention of such men on church boards discredits the -hurch, confuses the public mind, and jeriously weakens the cause for which ;he church has striven so long and sacri ficed so murh. Right to Enforce Own Laws It is fundamental to the existence of l nation that it shall have the right to snforce its own laws within its own ter the Anti-Saloon League of America— may be expected in the next campaign, was adopted unanimously at the con rintendents and National Officers at he Executive Committee of the Anti ic following day; ritury. The laws of the United States prohibit both foreign and American ships from carrying or possessing bev erage intoxicants within the three-mile limit. The Supreme Court has construed and upheld this law. We appeal to the friends of orderly government to au,% port the Federal officers in the enforce ment of this law without fear or favor. He commend our Government for en forcing our laws against alien ships and citzeus, as well as against our own. We also approve the declaration of Hon. David Lloyd George that America is wholly within her rights in this matter; and the declaration of Prime Minister Baldwin that “British official seals con fer no immunity upon any article brought by a British ship within Ameri can territorial waters and . . . that the British Government itself does not tolerate even the temporary presence of liquor of an unlawful status within Brit ish waters.” The time has come when the people of the United States should assert, their rights to require the citizens of foreign nations residing within the United States to observe a domestic policy adopted after a struggle of more than half a century by the United States of America. In this effort we confidently believe our country will have the sym pathy and support of the friends of law' and order in every nation in the world. We express our heartfelt sympathy for the families of the morn than thirty Federal Prohibition Agents and the many bereaved families of state and lo cal officers who have been assassinated by the criminal liquor law violators. The murder of these faithful public offi cials challenges every red-blooded Ameri can to help destroy the traffic which caused this disgrace in the nation. We call upon all friends of law enforcement to give their support to the President of the United States in carrying out his declaration for the enforcement of uni versal prohibition within our country. We heartily endorse the painstaking and honest efforts of National Prohibition! Commissioner Major Roy Haynes, in the success that has attended his difficult task to enforce the national prohibition ! law. We commend also the Justice De partment of the United States for its aggressive policy in the enforcement of National Prohibition. We urge all citi zens in the Republic to support Federal, State and local officers who are doing their duty. The results of prohibition thus far ob tained by partial enforcement are an earnest of what will follow under com-1 plete enforcement. These results are re flected in reduced arrests for drunken ness and crime related thereto; de creased destitution caused by liquor; un precedented increase in savings accounts of more than two billion dollars under national prohibition; increased attend ance at schools and colleges; unprece dented home building of six thousand new homes per month; nearly one mil lion new life insurance policies and a billion dollars of life insurance within a single month; three thousand new church members being added daily and all that pertain* to the public and moral welfare strengthened. The cost to the Federal Government to secure these splendid results has been offset by the fines and other penalties i imposed upon liquor law violators. Such benefits inspire us to hold the fort and strengthen our lines for na tional prohibition. Civil Service Endorsed To tliis end, Federal Prohibition Agents should be placed under Civil Service and retained in office not be cause of political qualifications but be cause of fitness for their task. The forging of Federal permits should be penalized; there should be an authori zation to use a part of the ships of the vy whenever necessary to prevent rum smuggling; every agency of the govern ment adapted to and legally authorized to enforce the law should be called into action. Criminal aliens convicted of violating prohibition laws should be de ported. The three-mile limit should he extended by Congressional action if aft er exhausting all other methods we find it to be necessary in order to prevent rum fleets from hovering close to our shores to violate our Constitution. The effort to weaken the national pro hibition code by a light wine and beer amendment should be defeated. It is an effort to make the prohibition law non enforeeahlc and pave the way for its re peal. Any legislation that is necessary to carry out the manifest purpose of the Eighteenth Amendment should receive the support of the friends of law and order. , Protect Legitimate Products We advise that both in state and Fed eral legislation that no more regulations lie imposed upon legitimate alcoholic products than is necessary to prevent them from being diverted to unlawful purposes. An intensive campaign should he car ried on in every state to secure and maintain effective prohibition laws and bring about their enforcement through state and local officers. We call upon all patriotic citizens to accept the challenge of the outlawed liquor interests who declare they will defeat every Senator and Congressman and State Legislator who has been loyal to his oath of office in voting for the legislation necessary to make the Eight eenth Amendment efficient. This is an issue that must be met by every friend of law and order. For World Prohibition Just as it has been proven that local and State prohibition could not cope suc cessfully with the liquor problem with out the help of National Prohibition, so is it now being proven clearly that Na tional Prohibition needs the support of the other nations. We therefore urge the friends of prohibition in this coun try to give their very best cooperation with the World League Against Al coholism in the work this organization is now carrying on toward lending every legitimate and possible aid to the friends of prohibition in the other countries of the world. WAYNE B. WHEELER ORVILLE S. POLAND A. H. BRIGGS Committee. BOOTLEGGER CALLS HIS OWN'PRODUCT UNFIT A Frederick, Md., bootlegger, says the Washington, D. C., Star, when the suggestion was made that his 100 gal lons of moonshine whisky be donated to local hospitals for medicinal pur poses, informed the authorities that it was “unfit for use”. When it was suggested by the sheriff that the liquor be presented to hospitals, the prisoner said: "Don’t do that. That stuff isn’t fit for anybody. Throw it away.” When a bootlegger voluntarily calls his own product unfit for use isn't it time for the bootleg patron who con siders himself sane to at least hesitate before imbibing these concoctions sold by these traffickers in death? IMPORTANT COURT DECISIONS Edited by Boyd P. Doty Attorney World League Against Alcoholism I THEFT OF WHISKY ILLEGALLY POSSESSED CONSTITUTES LARCENY “Otis was convicted of petty larceny —he had stolen whisky which was un lawfully possessed. He appealed frcm the judgment of the court asserting that because the statute provides that 'no property right shall exist’ in liquor illegally possessed, he could not be convicted of larceny for the theft of such liquor. “The court held that there was no doubt but what the whisky had in herent value. It could be sold by the government and the proceeds would go to the treasury. The statutory provision relied upon by the appellant should be construed in the light of the context and mingled as it is with other provisions, this clause ‘was clearly in tended solely to protect government sfficials in the exercise of their duties.’ Property rights in such liquor are not Forever ended. They pass to the government.’ The barrels containing the liquor were also taken. The prop erty value of these alone would be sufficient to sustain conviction. "Judgment affirmed.” —PEOPLE v. OTIS, 235 N. Y., 421. PROPERTY ILLEGALLY OB. TAINED BY OFFICER IS VALID EVIDENCE AGAINST DE FENDANT AND EQUITY WILL NOT RESTRAIN THE USE THEREOF "A police officer found a revolver in Fusaro’3 apartment and attempted to use the revolver as evidence in an iction against Fusaro for threatening the life of his daughter. Fusaro con tended that the search was illegal and asked that the use of the revolver as evidence be enjoined. “The court held that the revolver would be competent evidence in the criminal proceeding even if it were obtained in violation of the plaintiff’s lights. The opinion quotes from PEOPLE v. ADAMS, 176 N. Y., 351, ‘A trespasser may . . put in evidence pertinent articles or papers found by him while tresspassing.’ ‘For the trespasj he may be held re sponsible civilly and perhaps criminal ly; but his testimony is not thereby rendered incompetent.’ Cases of people v. McDonald, 177 app. Div. 806 and COMMONWEALTH v. TIBBETTS, 157 Mass. 519 were also I cited.” “The court maintained that the 1 above cited cases stated the law and that equity would follow the law and also set forth the fact that the plaintiff seemod to be a violator of the criminal law and, accordingly, would not come into court with clean hands. The opinion continues, ‘the case at bar also seems to me to be one within the gen eral rule which illustrates the reluc tance of a court of equity to interfere for the purpose of restraining the en deavors of public officers, charged with its enforcement, to enforce the [criminal law; such restraint is never had except in extreme cases where it is necessary for the court to inter vene to prevent grave injustice or ir reparable injury. See MOORE v. OWEN, 58 Misc. Rep. 332; OLYM PIC ATHLETIC CLUB v. BING HAM. 125 App. Div. 793; SHEPARD v. BINGHAM, Id. 784; COHEN v. DEPT, of HEALTH, 61 Misc. Rep. 124; COLBY v. BINGHAM, 62 Id. 396; LEE v. O’MALLEY, 140 App. Div. 595. “Motion for an injunction denied.” —FUSARO v. McKENNELL, | 120 Misc. 434. I BAKE PUTS COUZENS IN ER WAGON PURSUERS — Declares Michigan Senator Ha* Joined Class of Edwards, Et Al., as a Booze Apologist PLACE IN NOISY MINORITY League Superintendent Refute? Argument in Favor of Beer and “Light” Wines Commenting on the statement by Senator Couzens of Detroit that pro hibition is ridiculous and that 5 per cent beer is not intoxicating, Dr, P. A. Baker, general superintendent of the Anti-Saloon League of America, has the following to say: “Senator Couzens of Michigan has joined Senators Edwards of New Jer sey, Stanley of Kentucky, Reed of Missouri and Shields of Tennessee, in their pursuit of the beer wagon. The people of Michigan must feel very proud of their appointed senator, see l ing that the state before national pro hibition came voted dry by C8.000 ma jority, and two years later, when the wets forced the vote on the issue of beer and wine and were beaten by more than 207,1X10 majority. It is Sur prising that Senator Couzens would attempt to use the thrashed over and abandoned argument that was used by the ignorant saloonkeepers when they were forced to close the doors of theit grog shops—viz., advantage was taken to force prohibition on the country during the World War. If the senator knew as much about public events as j a twelve-year-old school boy should know, lie would understand that every man who went overseas that was of age had an opportunity to vote fot •. the senators and congressmen that submitted the Eighteenth Amendment, ‘and that was an issue in most of their elections. * "The senator’s statement that the prohibition law is ‘ridiculous and im possible of enforcement’ sounds bad coming from a United States senator. He classifies himself with that rapidly decreasing hut very noisy minority bent upon the nullification of the fun dametal law of the republic because he finds his own drinking habits in terferred with. “His ‘couple of glasses of beer in Quebec’ is the small crack in the fence that enables one to see over a very large field. A man may have been a drinker of beer and a good citizen, but he cannot be the best citizen if he is not willing to give up some of his habits and pleasures for the public good. Moreover, if the law is so im- ■"> possible of enforcement, why did the senator have to go over to Quebec to get his beer? Certainly it is not his high respect for the law of his coun try, judging from his utterances. Is Beer Taking Effect “His statement that 5 per cent beer is not intoxicating and no sane body would maintain that it was, reads like the Quebec beer was taking effect. We have seen, and so has he seen, hun dreds of cases of maudlin drunken ness produced by drinking beer of less than 5 per cent alcohol. “If the senator will point to a single case in this or any other country—and the experiments have been numerous —where beer and wine have been le galized and they did not at once have the whole curriculum of alcoholic bev erages, we will concede his ridiculous arguments. In one breath he states 'the country does not want prohibition now,’ and in his next breath he states. ' ‘I will never tolerate the return of the old-time saloon.’ This is the argu ment that all ex-brewers, distillers, sa loonkeepers and drinkers are now overworking in order to get the enter ing wedge of beer and wine. It is as 0 impossible to have wine and beer and not have the old-time saloon as it would be to flood the water mains of the city with typhoid germs and not have an epidemic of typhoid fever. “It is a pity that the senator^so soon after his appointment should have struck the back track of civilization.” ALLEGED DOPESTER SUED BY PATRON FOR $10,000 George Miller, Cleveland, Ohio, has a ten thousand dollar damage suit on his hands. It was brought by Ross Jackson because of the effects a bottle of whisky alleged to have been sold by Miller had upon Jackson when he drank it. According to the petition, after drinking the liquor Jackson suf- . fered from a weakened heart and im paired eyesight. It was also charged that the liquor threw Jackson into a stupor that lasted several days. Jack son claims that Miller knew the liquor was poisonous when he sold it. ONLY WETS COUNTED IN PHILADELPHIA STRAW VOTE A wet society in Philadelphia has been taking-a straw poll and reports that almost fifty to one voters favor the return of beer. And yet it was only last fall that Gifford Pinehot. dry as a bone, swept Pennsylvania • as a candidate for governor on a dry platform. He was a candidate that made it known that he was in favor of strict enforcement of the Volstead law and opposed to the return of beer. * » Where were the wets last fall?