HOME A D' TATE Volume 30, No. 3 WESTERVILLE, OHIO, MARCH, 1929 $1.00 ·Per Year said he is a "teetotaler," and that he was not con­ SENATE C0~1MITTEE TRYS TO KILL BILL vinced that the penalties under the Dean act are AN ERROR OUR DRY ·LEADERS MAKE too severe. No man in Congress from Texas has been truer to TO REPEAL SEARCH AND SEIZURE LAW OBJECTIONS TO THE BILL the cause of prohibition than Hon. Thomas L. l3lan­ We quote the following from the Dallas News, of This proposition is brought up by the wets at ton, and of none of whom we are more fond. When February 27: every session of the Legislature. The fact. that Mr. the question of adding $24,000,000 to the appropria­ "The much-debated Search and Seizure bill, per­ Albritton from Yorktown should sponsor it does not tion for enforcement of the dry laws was before mitting search warrants on information and belief indicate that it is in the interest of prohibition. the House, we wired each member from Texas, alone, as it passed the House, was given a unani­ The bill provides for increasing penalties for · kindly asking their support. Most of them prompt­ mous adverse report on Wednesday, by the Senate second and third offenses. The trouble with such· ly replied assuring us of their hearty support. Criminal Jurisprudence Committee, and, unless provisions lies in the fact that experience shows Among them was one from Mr. Blanton. Since he some of the absent committeemen bring in a minor­ that where such provisions are written into a law, heartily stated his support, and since he added a ity report, the measure is dead." Senator Love and the higher penalties are not invoked, though the suggestion intended for the benefit of our pastors others are endeavoring to find an absent commit­ bootlegger continues his trade. This is clearly who could not support Al Smith, we quote his tele­ tee man who will ·bring in a ·minority report, but shown in the records of the Federal Courts. After gram in full. We trust we violate no confidence in this action of the committee makes it far more diffi­ eight years of practically continuous operation of doing so. We are always very careful at this point. cult ever to pass it. hundreds of bootleggers, comparatively few have The point his telegram raises is one common to all This bill has been held in Senate committee ever been given these higher penalties provided by the who support the nominee. Hence we think it jus­ since February 8, so the newspapers report, and it Volstead act. tifiable to reproduce. The telegram is as follows: was upon a motion by Senator Love to compel the Again, such provisions written into the law com­ "Replying your telegram. Republicans, under or­ committee to make a report on it that Senator plicates the procedure very greatly, and most of our ders from the Administration1 prevented House yes­ Eugene Miller is reported to have read a part or the prosecuting attorneys, especially in smaller coun­ terday from voting on Harris Amendment and they · whole editorial in the February issue of the HoME ties, are inexperienced and would get frequent er­ adjou-rned when they thought House might instruct AND STATE, relating to an entirely different rors into the form of the indictment and the search conferees to adopt amendment. Republicans are bill, and made it apply to this bill. Senator Miller warrant furnish more technicalities probably than now arranging special rule to send matter to con­ is chairman of the committee, and threatened to all else upon which .cases are reversed. ference where it is to be killed. Democrats are resign if the Senate .insisted on Love's resolution. The plea that juries will not convict when the practically soliq. for amendment to provide :..reces­ Readers will see that the committee appointed by penalties are so severe, has been demonstrated un­ sary funds requested by enforcement officials to en­ Lie-:J.tenant Governor Barry Miller made an earnest true for twenty years. which is the time this has force prohibition laws. Now, you and others of our effort and doubtless succeeded in killing the bill. been the penalty in Texas. The exceptions are to good ministers who justly rebuked liquorites in last This committee was comprised of the following: be found in 'cities where certain lawyers and officers Texas election may now understand why we Texas Eug"'ne Miller of Parker county, chairman; E. E. have conducted a campaign to this end. Attorneys Congressmen who know conditions here could not Witt of Waco, vice chairman; Oliver Cunningham of for bootleggers are continually giving interviews to support Hoover and Republicans." Abilene, W. S. Gainer of Brazos c5unty.; Julian reporters to the effect that the law is unjust because In the last sentence Mr. Blanton falls into the er­ Eyer of Fort Worth; J. W. Hornsby of Austin; W. M. the bootleggers can get off easier in the Federal ror common to party leaders. He assumes that in Martin of Hillsboro; Archie Parr of Duvall county; court, and that the juries should not convict. Oc­ voting for Hoover, we were voting for the whole Re­ Natt Patton of Houston county; W. E. Thomason of casionally a judge, who has sworn to uphold the publican ticket. In this he and they are in error. Nacogdoches, and A. J. Wirtz of Seguin. law, forgets his oath, and delivers a charge to the The Texas Democrats who voted for Hoover, simply · Ow.;.,;:eaders should note that not all of this com­ ~rand jury. saying, "You must. investigate the viola­ voted for Hoover, the man, not for Hoover, th~ Re­ mittee are wets, and note also the fact tha.t some tions of the Dean act, and indict the violators. We publkaH; and they refused t.o v0~c 'ior Ai Smith tn0 were absent when the above action was taken. all know that juries won't convict those you in­ man, but are just as good Democrats (we think bet­ It was concerning this committee that the HoME· dict, because the penalties are too severe, but you ter), as are those who voted for Al Smith. AND STATE in the last issue made the following re­ must do your duty., We did not "support Hoover and Republicans" but mark: "'Two years ago Lieutenant Governor Barry The reporter clothes, this language attractively, we simply supported Hoover. We believe they would Miller appointed enough members of the commit­ maybe getting some attorneys for bootleggers to have shown themselves to· be better Democrats had tee on Criminal Jurisprudence and on Civil Juris­ back up the judge's statement. The papers give it they "supported Hoover" and left alone those Re- . prudence, to insure that no bill relating to the a prominent place where prospective jurymen will publicans who now attempt to block prohibition en­ liquor question would be favorably reported, or if not fail to read it. So. when the jury is selected, forcement. yYe believed in Hooverr the man, not in possible, reported at all, to the Senate. He seems to the case is already practically won by the statement the Republican party. If the Republican party now be equally successful this year, judging from the from the judge and the bootleggers' lawyers. This disappoints us on prohibition, it is not apropos the personnel on the Criminal Jurisprudence Commit­ is both easier and surer, than to lay the evidence situation. If Hoover disappoints us, he will hear tee. It has most of the old-line wets stacked up on before an impartial jury, leaving it up to them to do from us in language he can understand. it." their duty. In the meantime, let the Republicans ·understand THE PEOPLE \VARNED that the Democrats will be right after them when­ TEXAS LA VI NO EXCEPTION ever they try to sidestep the honest enforcement of HoME AND STATE warned the people last year con­ The general impression prevails that the penalties the dry laws,_and the HoME AND STATE expects to say, cerning the importance of electing a dry Lieutenant under the Texas laws are exceptionally excessive. It "Lay on, McDuff!" as they press the attacks. The Governor, but they elected a dripping wet. We is not true. The whole tendency is to make the Republicans had better get their minds straight. quote from the July issue of the HoME AND STATE as penalty heavier in all the states, and most of them The vote for Hoover was a dry vote, and they will follows: are up with the Texas law and some ahead. We are demand the enforcement of the dry laws, and .will "But few realize the importane of the office of endeavoring to get heavier penalties in the Volstead not take "no" for an answer. Lieutenant Governor. As it relates to the legislative act. work, the Lieutenant Governor's office is more im­ The fine as a penalty does not enforce the law. A portant than the Governor's office. He is the pre­ few little bootleggers may be put out of business siding officer of the Senate. He appoints all the bu,t the big bootleggers will gladly pay the fine as ~ committees of the Senate. The committee on license to continue, and charge the fine up in in­ MENCKEN AND WEBB criminal jurisprudence, the committee on civil creased prices to his patrons. Bootlegging rings can (From the Statesman, Austin., Texas) jurisprudence, and the finance committee are all easily have a fund for such· purposes.