Indianapolis Times, Volume 42, Number 41, Indianapolis, Marion County, 27 June 1930 — Page 5

JUNE 27, 1930.

■ - ■— ■■■■ ■' ' i— m — 1 ii • ••••■me crime A6AINJT TEMPERANCE jDwJAMEf A.REED FORMER V/. U. S . SENATTOR FROM. MISSOURI .

ARTICLE V Intolerance—The Heart of Prohibition. I ALREADY have stated that national prohibition was enacted at the demand of the Anti-Saloon League. At the head of that organization and its presiding genius was the late Dr. Wayne B. Wheeler. His official biographer, himself a member of the league’s staff, describes him far more vigorously than I ever can hope to do. Justin Steuart was Dr. Wheeler’s publicity secretary and knew his subject intimately. Here is his estimate of the man: Wayne B. Wheeler controlled six congresses, dictated to two Presidents of the United States, directed legislation in most states of the Union, picked the candidates for the more important elective state and federal offices, held the balance of power in both Republican and Democratic parties, distributed more patronage than any other man, supervised a federal bureau from outside without official authority. A tireless opportunist, he dramatized himself as a mighty St. George fighting single-handed against a swarm of dragons. He loved power. His favorite text was: “The powers that be are ordained by God.” He was an exponent of force. He preferred threats to persuasion. He desired the most severe penalties, the most aggressive policies, even to calling out the army and navy, the most relentless persecution. A favorite phrase was: “We’ll make them believe in punishment after death.” Such was the man and such is the spirit that has permeated our country. It has usurped the kindly persuasion and gentle ministrations of the temperance folk of a few years ago. The doctrine of force espoused by Wayne B. Wheeler has supplanted the spirit of charity and love taught by Jesus Christ. Formerly we sought to persuade. Now these apostles of reform by persecution assert that they will compel. a a a THERE might be some chance for a sinner to escape the flames of torment.. Hell-fire is not as effective as it once was. But from the modern persecutors, there is no escape. "Punish them while still alive.” The professional reformer will see to that. With a club over congress, the professional drys forge the links of intolerance into fiercer and still fiercer laws to punish those who disobey them. They will secure appropriations to build more penitentiaries to hold the ever increasing stream of convicts. Last month the warden of the federal penitentiary at Atlanta telephoned to the attorney-general of the United States that in a prison "built for less than 2,ooo—he had 3,900 at Atlanta and a couple of hundred more on the rails, and he did not know just where to put them.” The terrible holocaust in dry Ohio is a reminder of unspeakable conditions there. In a prison crammed to twice its capacity, 317 convicts were burned to death. In my own state of Missouri, the warden of the penitentiary admits a daily fear of prison mutiny. At Jefferson City, 4,052 prisoners are housed in cells that were constructed to hold 2,661. But the reformers will know what to do. They will see that there is standing room at least for every culprit. The proudest boast of the prohibition zealot is the number of convictions secured. a a a ‘•'T'HE basic principle underlying 1 the eighteenth amendment is the Master’s teaching concerning human brotherhood.” This is the latest revelation of Bishop James Cannon Jr., the ecclesiastical philosopher and speculator upon things divine and mundane, as handed down to us in a recent issue of the Forum magazine. In two short years 125,000 to 130,000 have been jailed; human beings, with hearts that beat, with nerves that feel, with souls to be ransomed or destroyed. Into prison

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cells in contact with vice, with every form of loathsome crime, these men, made criminals themselves by law, were thrust and thereby you think you serve the good and merciful God, fulfill the law, and justify "the Master’s teaching concerning human brotheihood.” Many people seem to have conceived the idea that whatsoever is done under the form of a statute is just and righteous; that law can sanctify any cruelty, any atrocity. Law has been the tool of tyranny, the instrument of intolerance, the weapon of brute force, since time began. The atrocities of the world have been cloaked and badged with law. The Savior of mankind was crucified according to Roman law and with the sanction of Jewish law. This was the formula whereby His Person was demanded. “We have a law and by our law he ought to die.” Joan of Arc was burned at stake, in strict accordance and with every observance of inhuman law. John Calvin roasted Servetus, the foremost physician of his day, by authority of the laws of Geneva, and, as he pretended, at the direct command of God. The Salem witches were hanged in accordance with the due process of law, after legal indictment, trial and conviction. a a a 'T'HE penalities of the prohibitory ■*- laws are altogether out of harmony with the rest of our criminal statutes. For a single act in violation of them, penalties can be piled up that will put the culprit in the penitentiary for a long period of years. A boy who delivers a jug of moonshine can be indicted for possession; he can be indicted for transportation; he can be indicted for conspiracy to violate a federal statute. He also can be tried under state codes, and conviction by the state does not bar conviction under federal law's. Penalties may be imposed for the simple act of transporting a bottle of liquor that are far greater than those frequently visited upon the thief and the killer. It is hard to believe that any human being would want to send a lad to the penitentiary for carrying a pint of liquor. It is hard to believe that in a civilized country we would tear a father from his family, disgrace the wife, their children, and brand them forever with a mark that time could not erase because that father sold a quart of liquor or a bottle of beer to a man who wanted to buy. a a a T> ECENTLY, I read of a single violation of the prohibitory law which sent twenty-nine heads of families to jail and left twentynine families destitute and dependent upon private charity for their existence. The fishing season in the village of Ocean City, Md., had been poor and work was scarce. A sea-going rum-runner arrived. To these two facts add prohibition, with the result that twenty-nine fisher folk

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are in jail charged with smuggling. That is more criminals than have been corralled in the little town’s 400-year history. They were promised *25 a piece for a night’s work. Os course, they did not get the money when they were detected and arrested. Some of their families are ill, one wife is mentally unbalanced, all of them are destitute. In all, there are 114 persons affected, including forty children under 10 years of age. For such violation of the law, a fine of a few dollars would be a heavy penalty. With this, the fanatic and the hired reformer will not agree. There is no cruelty so relentless as the cruelty of intolerance. (Cocvrifrht. 1930. by James A. Reed. Distributed by Current News Features, Inc.) The title of the next article by Former Senator Reed will be: “We, the People?” He will discuss the constitutional standing of prohibition and its relation to the Bill of Rights. BANK TRIAL DEFERRED Former Head of Kokomo Institution Gets Delay Until September. Bu United Frets KOKOMO, Ind., June 27.—Another delay has been given in the case of William H. Arnold, former president of the defunct American Trust Company, here. Judge John Smith of Cass Circuit court at Logansport has set hearing on a plea of abatement for the September term of his court. Arnold is accused in eleven indictments with offenses in connection with the bank’s business. The trust company failed Sept. 13, 1927, with loss of more than $500,000 to depositors.

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THE INDIANAPOLIS TIMES

Veteran, B*, Dies Bv Times Soe-Ha l COLUMBUS, Ind., June 27. Henry Popenhause, 88 years old, a veteran of the Civil war, is dead at his home in the Waymansville neighborhood southwest of here. He was born in Hanover, Germany, and came to this country when he was 14 years old. He spent the greater part of his life in Bartholomew county. He leaves four children, Mrs. Henry Hundt, this city; Miss Ida Popenhause, at home; Harry Popenhause, Kansas, and William Popenhause, this city.

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ROBBERY TALE PROBED Garage Employe Tells of S2OO Being Taken After Kidnaping. TERRE HAUTE, Ind., June 27. Police are investigating a story told by Delbert Rice, 32, garage attendant, that he was kidnaped and robbed of S2OO by a grpup of bandits who took him to k. lonely spot on a road south of town and left him bound. Rice, found by a party of motorists, told police a group of about five men held up at the garage,

placed him in an automobile, took two other automobiles from the

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garage and dumped him out in a ditch several miles from here. He

PAGE 5

said he believed the bandits wer® from Chicago.