nal penalties of war prohibition, but all the penalties under the liquor tax laws.

The Federal Government requires every person who makes or sells alcoholic liquors with an alcoholic content of one-half of one per cent or more to pay the liquor revenue tax as a retail liquor dealer. (Section 5,573, Barnes's Federal Code.)

This tax receipt granted by the United States does not give to its holder the right to carry on his business. in violation of the law. The courts have taken the position that a business which is prohibited by law may be taxed, and that the imposition of a tax on an outlawed business is sometimes more efficient in suppressing it than statutes making it a criminal offense, because of the larger certainty of the collection of the tax. This principle was upheld in the following cases: 120 Tenn. 470; 32 Mich. 486. Judge Cooley, in his work on taxation, said:

One purpose of taxation sometimes is to discourage the business and perhaps put it out of existence.

The United States Supreme Court, in discussing this with reference to collecting the tax in a State where the traffic was prohibited, said (5 Wall. 462):

What the latter prohibits, the former, if the business is found existing notwithstanding the prohibition, discourages by taxation..

The two lines of legislation proceed in the same direction and tend to the same result. At this time the Commissioner of Internal Revenue has taken the position that he will not sell stamps to liquor dealers who propose to engage in the traffic after the War Prohibition Act goes into effect. This does not prevent, however, every liquor dealer who does sell in violation of law from being liable for the tax. The tax is laid on the traffic wherever it exists, be it legal or illegal. Section 3,243 of the Federal Statutes specifically provides that the holding of the Federal tax itself gives no protection from prosecution under the criminal laws.

If a liquor dealer manufactures intoxicating liquor or sells it or removes it without a liquor stamp or with a false stamp, he may be imprisoned for a year, with a money fine in addition. Removal. for storage without stamps is also penalized, as well as the failure to make a true entry report of liquors manufactured. (See Sections 3,340-4, Federal Statutes.) Persons running moonshine stills may be arrested by any marshal or deputy marshal and taken before a judicial officer for trial. This is provided in the Act of March 1, 1879.

the

The penalty for selling liquor without

payment of the tax (found in Section 5,141, Barnes's Federal Code) is $1,000 to $5,000 and imprisonment from six months to two years. The War Prohibition Act itself carries a penalty of imprisonment not to exceed one year and a penalty of $1,000, or both. We know that these penalties are provided by the law, but the

DUTY OF OFFICERS TO ENFORCE CRIMINAL ACTS

We have only to study the Revised Statutes to find that both State and Federal officers are authorized to arrest persons who violate Federal laws. Section 1,014 of the Revised Statutes reads as follows:

For any crime or offense against the United States, the offender may, by any justice or judge of the United States, or by any commissioner of a circuit court to take bail, or by any chancellor, judge of a supreme or superior court, chief or first judge of common pleas, mayor of a city, justice of the peace, or other magistrate, of any State where he may be found, and agreeable to the usual mode of process against offenders in such State, and at the expense of the United States, be arrested and imprisoned, or bailed, as the case may be, for trial before such court. of the United States as by law has cognizance of the offense.

It is easy to follow the process by which the law can deal with the possible violator of the War Prohibition Act from the time he is arrested by the marshal and taken to the nearest hearing until he is sentenced and fined. To do this we have only to study our Federal Code.

The District Attorney is bound to prosecute in his district all delinquents for crimes and offenses cognizable under the authority of the United States, and all civil actions in which the United States is concerned (R. S. 771). Therefore it will become his duty to prosecute violators of the War Prohibition Act.

It is the duty of marshals to appoint deputy marshals and to command all necessary assistance in the execution of their duty. Here (R. S. 787) we have ample authority for officers of the law securing all the assistants they need to enforce war prohibition. Section 1,111 states that marshals shall have in each State the same powers as sheriffs in executing the laws of the United States (R. S. 785).

This brings us to the Attorney-General, who may assign any officer of the Department of Justice to take charge of the prosecution of these cases.

An important point is established by Section 414 (Barnes's Federal Code) which states that the Attorney-General, or any officer of the Department of Justice, or any attorney or counselor specially appointed by the Attorney-General under any provisions of law, may, when thereunto specifically directed by the AttorneyGeneral, conduct any kind of legal proceedings, civil or criminal, including grand jury proceedings before committing magistrates, which district attorneys now are or hereafter may be by law authorized to

conduct, whether or not he or they be

residents of the district in which such proceeding is brought (Act June 30, 1906, c. 3,935, 34 Stat. 816).

Having seen that marshals, assistant marshals, district attorneys, the AttorneyGeneral and counselors appointed by

Section 270 of the Judicial Code (5) Fed. Stats. Ann., 2d Ed., p. 2056) provides as follows:

The judges of the Supreme Court and of the circuit court of appeals and district courts, United States commissioners, and the judges and other magistrates of the several States who are or may be authorized by law to make arrests for offenses against the United States, shall have the like authority to hold to security of the peace and for good behavior in cases arising under the Constitution and laws of the United States, as may be lawfully exercised by any judge or justice of the peace of the respective States, in cases cognizable before them. (36 Stats., 1,163; 5 Fed. Stats. Ann., 2d Ed., p. 1056; 2 U. S. Comp. Stats., 1916, Sec. 1,247.)

If the more serious threats of the liquor dealers are carried out, this section may be invoked.

Liquor dealers will not have an easy road to travel in violating the Prohibition Law, even under war prohibition. It is expected that the permanent prohibition code, to be enacted by Congress, will furnish a-1920-model of efficiency and speed for enforcing the Eighteenth Amendment. The last decision of the Supreme Court gives little comfort to those who are hoarding large quantities of liquor.

The construction placed upon the laws relating to the liquor tax is even more strict. The United States Circuit Court of Appeals of the Fourth Circuit recently construed the Federal Statutes relating to the liquor tax in the case of the United States vs. one Saxon automobile carrying liquor. The evidence showed that the owner of the automobile knew nothing of the illegal transaction. The Court said:

It seems to us the statute requiring the forfeiture is explicit, leaving no room for construction. There is no limitation nor exception that the forfeiture shall depend upon proof of fraud in the owner of the conveyance, or on any other condition.

The Court in this case overruled its former decision and cited in support of its conclusion United States vs. Stowell, 133 U. S. 1.

The court decisions and statutes are not holding out any encouragement to Liquor Law violators. A large force of officers connected with the Internal Revenue Department are available so far as the illegal manufacture and sale of liquor is concerned in relation to the Tax Law. The Justice Department has an efficient force of assistants who can be used to enforce the criminal laws. In the olden days it was said that " one shall chase a thousand and two shall put ten thousand to flight." One Federal officer backed by the United States Government will put a thousand bootleggers and moonshiners to flight after the National Prohibition Law goes

into operation. Every officer of the law by his oath of office is obliged to sustain the Constitution and laws of the United States. Every citizen by the terms of his citizenship is obligated to do likewise. The brewer, distiller, or bootlegger who

TH

HE terms presented by the twentyseven Allied and Associated nations to Germany as the conditions on which they would make peace with her comprise a volume of eighty thousand words. Some idea of the extent of the treaty in which these terms are formulated-the longest treaty ever drawn-may be gained when it is stated that it is approximately a third as long as Woodrow Wilson's treatise on "The State," and is nearly as long as the Four Gospels. Simultaneously with the presentation of the treaty to the Germans an official summary (which would occupy about seven, pages of The Outlook) was published in this country. From that summary the following account has been condensed.

The treaty consists of a Preamble and Fifteen Sections.

In the Preamble are named the twentyseven Allied and Associated Powers constituting the parties of the first part, namely, the United States, the British Empire, France, Italy, Japan, Belgium, Bolivia, Brazil, China, Cuba, Ecuador, Greece, Guatemala, Haiti, the Hedjaz, Honduras, Liberia, Nicaragua, Panama, Peru, Poland, Portugal, Rumania, Serbia, Siam, Czechoslovakia, and Uruguay. Of these nations the first five are described as the principal Allied and Associated Powers. The party of the second part is Germany. Following the Preamble come the fifteen Sections."

Section I comprises the Covenant of the League of Nations. Besides outlining the general duties of the League, this Covenant specifies certain obligations that the League will have with reference to enforcing the peace with Germany.

It will scrutinize Germany's observance of the neutralized zone;

Will appoint three of the five members of the Saar Commission (provided for later in the treaty), and oversee its régime;

Will appoint the High Commission of the free City of Dantsic (created by the treaty out of German territory);

Will work out the mandatory system, and act as the Court in plebiscites and certain designated disputes and problems;

Will direct international labor conferences, etc.

The Covenant of the League follows in general the outline heretofore published, with certain changes already reported in The Outlook.

Section II provides for the new
boundaries of Germany.

These changes in boundary comprise, among other things:

The cession to France of Alsace-Lorraine;

The cession to Belgium of two small districts;

The cession to Poland of a great territory comprising over twenty-seven thousand square miles, East Prussia remaining German, but being isolated from Germany;

The loss, temporary or permanent, of certain other territories the status of which is to be determined later, or to be internationalized.

Section III makes certain pro-
visions involved in the changes

of boundary on the west. In this section GermanyConsents to abrogate the treaty by which Belgium was established as a neutral state, and recognizes certain changes in Belgium which have been made or are to be made by the League of Nations;

Releases the Grand Duchy of Luxemburg from the German Customs Union, and abrogates certain rights in that Duchy;

Agrees to the establishment of an unfortified zone extending to not less than fifty kilometers to the east of the Rhine.

Recognizes the moral obligation of restoring Alsace-Lorraine, with the fronrestoring Alsace-Lorraine, with the frontiers as before 1871, and agrees to certain provisions as to citizenship, public property, the exportation and importation of goods, and the like;

Cedes to France, in compensation for the destruction of French coal mines in northern France, the full ownership of the coal mines in the Saar Basin-a small but rich district which lies north of Alsace-Lorraine-and agrees that that territory shall be governed by a Commission to be appointed by the League of Nations (consisting of five members, one French, one a native inhabitant of the Saar, and three representing three other countries. other than France and Germany), with a continuance of the present many), with a continuance of the present basis of law, and with certain other provisions as to religious liberty, local voting, etc., for fifteen years, after which there will be a plebiscite to decide whether the people wish to remain under the League of Nations or to establish union with France or with Germany, the decision to be finally made by the League of Nations.

Section IV makes certain pro-
visions involved in the changes
of boundaries on the south and
east.

Germany recognizes the total independence of German Austria;

Recognizes the independence of Czechoslovakia, with the frontiers indicated;

Cedes to Poland the territory indicated, with frontiers to be determined by a Commission;

Recognizes the fixing of the boundaries of East Prussia, which will have access to the rest of Germany, promises that German troops and authorities will move out from certain territories where the inhabitants are to decide their allegiance by plebiscite, and cedes the northeastern corner of East Prussia with a view to the future determination of the nationality of its inhabitants;

Agrees that Dantsic, the heretofore German port on the Baltic, will be hereafter a free city, under the guarantee of the League of Nations, for the use of Poland;

Agrees that the frontier between Germany and Denmark (to run through what is now Schleswig-Holstein) is to be determined by popular vote, to be taken in three zones successively;

Agrees to destroy fortifications in the harbors of Heligoland and Dune ;

And agrees to respect as permanent and inalienable the independency of all territories which were part of the former Russian Empire, and to accept the abrogation of the Brest-Litovsk Treaty and other treaties made with the Bolshevists.

Section V comprises provisions
as to German possessions out-
side of Europe.

By this Section Germany renounces all rights and titles outside of Europe, and undertakes to accept whatever measures concerning them are determined by the five principal Allied and Associated nations;

Renounces in particular her overseas possessions, undertakes to pay damages suffered by the French in the Cameroons, and makes other agreements as to Africa;

Renounces all privileges. obtained from China at the time of the Boxer uprising, accepts the abrogation of the concessions of Hankow and Tientsin, and renounces in favor of Great Britain, France, and China certain other rights in China;

Renounces privileges specified in Siam, Liberia, Morocco, and Egypt;

Accepts all arrangements which the Allied and Associated Powers make with Turkey and Bulgaria;

And cedes to Japan her rights and privileges in Kiaochau.

Section VI comprises provisions
as to military, naval, and air

forces.

By this Section Germany agrees to

demobilize her troops within two months of the peace, reducing her army to 100,000 men, including 4,000 officers;

Agrees to the closing of all establishments for manufacturing or storing arms and munitions, "except those specifically excepted," and the discontinuance of the manufacture or importation of poisonous gases and analogous liquids;

Agrees to abolish conscription and to substitute voluntary enlistment for terms of twelve consecutive years for enlisted men and twenty-five years for officers, present officers agreeing to remain in service to the age of forty-five, and agrees that practically no military schools or military societies shall be allowed;

Agrees to dismantle all forts within fifty kilometers east of the Rhine, and not to build any new fortifications there; Agrees to the execution of these provisions by Inter-Allied Commissions of control, which may establish headquarters at the German seat of government and go to any part of Germany at the German Government's expense;

Agrees to demobilize the German navy and to reduce the naval establishment to six small battleships, six light cruisers, twelve destroyers, twelve torpedo-boats, and no submarines, either military or commercial, with a personnel of fifteen thousand men and no reserve, under voluntary enlistment on the same terms of service as for the army, to surrender all German vessels of war in foreign ports, and certain specified war-vessels to sweep up all mines in the North Sea and the Baltic, to demolish all German fortifications in the Baltic defending the passages, to discontinue the use of the German high-power wireless stations of Nauen, Hanover, and Berlin for a period of three months after the peace except under supervision of the Allied and Associated Governments, and to an arrangement by which the fourteen German cables will not be restored to Germany;

Agrees that there will be no armed German air forces except of seaplanes retained to search for submarine mines, and that no aviation grounds or dirigible sheds be allowed within one hundred and fifty kilometers of the Rhine or of the eastern or southern frontiers, that all manufacture of aircraft be discontinued for six months, and that all aeronautical material be surrendered;

Agrees that while repatriation of German prisoners and civilians is to be carried out without delay, the Allies will have the right to retain selected German officers until Germany has surrendered persons guilty of offense against the laws and customs of war, and agrees to other provisions with regard to prisoners; Agrees to aid in the identification of burial-places, etc.

Section VII deals with the re

sponsibility for the war. In this Section the Allies arraign William II of Hohenzollern, the former Kaiser, announce their intention to request Holland that he be surrendered,

and state that they will try him with full guarantees of the right of defense, with a view of vindicating international obliga tions and international morality.

The Allies also announce that military tribunals (national or international, as each particular case may require) will try persons accused of violation of the laws and customs of war.

Germany agrees to hand over the accused and all necessary documents and information.

Section VIII specifies at length the reparation required from Germany.

The details even as compressed in the comparatively brief summary are too involved to be recounted here. The Allied and Associated nations recognize that Germany cannot make complete reparation, but she is required to make compensation for all damages caused to civilians under the following seven categories:

(a) Damage by personal injury to civilians caused by acts of war, directly or indirectly, including bombardments from the air.

(b) Damage caused to civilians, including exposure at sea, resulting from acts of cruelty ordered by the enemy and to civilians in the occupied territories.

(c) Damages caused by maltreatment of prisoners.

(d) Damages to the Allied peoples represented by pensions and separation allowances, capitalized at the signature of this treaty.

(e) Damages to property other than naval or military materials.

(f) Damage to civilians by being forced to labor.

(g) Damages in the form of levies or fines imposed by the enemy.

In addition Germany agrees to repay the sums borrowed by Belgium from her allies.

In order to carry the plan out there is to be an Inter-Allied Commission which will collect the payments to be made over a period of thirty years. Within two million pounds sterling ($5,000,000,000), years Germany is to pay one thousand in either gold, goods, ships, or other forms of payment, making other payments later.

The Commission (consisting of representatives from the United States, Great Britain, France, Italy, and Belgium, with an alternate from Serbia or Japan when

the interests of either of those countries are affected, and representatives of other involved, but without voting power) will countries present when their interests are have the right to examine the German system of taxation, will have its headquarters at Paris, and may require Germany to give guarantees.

Germany cedes to the Allies all German merchant ships of 1,600 tons gross and upwards, one-half of her ships be tween 1,600 and 1,000 tons gross, and one-quarter of her steam trawlers and other fishing boats; further agrees to build merchant ships for the account of the Allies at the rate of 200,000 tons

Germany agrees to turn over a specified and large amount of coal to France and Belgium, and other materials, such as benzol, dyestuffs, chemical drugs, etc. Germany renounces all title to certain specified cables.

Germany also agrees to hand over certain literary, artistic, and historical possessions. Among the most interesting of these are certain paintings to Belgium, the "Koran of the Caliph Othman" to the King of the Hedjaz, 66 the skull of

the Sultan Okwawa" (of East Africa) to the British Government, certain French flags captured in 1870-1 to France, and certain astronomical instruments seized in 1900-1 to China.

The remainder of this section deals with certain financial matters involved mainly in the apportioning of German debts to countries created out of German territory, and includes the requirement that Germany shall pay the cost of the Allies' armies of occupation.

Section LX covers a variety of
agreements for re-establishing
normal relations.

The agreements in this Section deal with tariffs, shipping rights, the prohibition of false wrappings and markings, etc., in unfair competition, the treatment of nationals, the re-admission of Germany to the Postal and Telegraphic Conventions, and the like, the satisfaction of prewar debts, regulation of opium, and the property of religious missions.

Section X contains certain eco-
nomic provisions.

In this Section rights are affirmed concerning the building of canals, the establishment of through routes by railway, and the use of rivers. These are for the purpose of giving Belgium access to the Rhine through German territory, allowing passenger and freight connec tions across German territory between the Allied Powers, and providing for Czechoslovakia's access to the sea (both to the Adriatic and to the north) and the equitable use of the Kiel Canal for the vessels of all nations at peace with Germany.

Section XI pertains to aerial
navigation.

By this Section certain temporary pro

Section XII has to do with

questions of transportation. Various provisions are made for the transit of persons, goods, ships, carriages, and mails, for free zones in German ports, for the internationalizing of rivers and parts of rivers, including the Elbe, the Oder, the Danube, and the Rhine.

Section XIII provides for international labor organizations. An international labor conference and an international labor office are established by the members of the League of Nations. The conference is to meet annually for the drafting of conventions and the making of recommendations on labor matters. The international labor office is to be a continuous body connected with the organization of the League of Nations, for the purpose of collecting and distrib

66

"TH

HAT'S the most satisfactory experience I've had in two years! exclaimed the man in civilian clothing seated beside me at the St. Louis caucus last week, where was organized the American Legion, the name adopted by formal vote of the caucus.

66 What is ?" I asked.

With a grin he indicated a uniformed brigadier-general and a colonel just behind us, obliged to stand because of the lack of chairs.

"Two months ago it would have been a nervous shock simply to get this close to a B. G.," he explained. "And now just think of not even having to offer one your seat!"

The incident echoes the spirit of that altogether unique gathering of world war veterans whence sprang what has been called the "G. A. R. of the future," and which actually will be a mightier force because the boundaries of its membership are those of the entire Nation itself.

Rank counted for nothing at St. Louis. The "gob" was quite as much in evidence as the admiral, the doughboy as the general. More so, indeed, for the gathering leaned backwards in its insistence that democratic principles of selec tion prevail, the men with bars and stars on their shoulders, with notable individual exceptions, being actually less influential than the enlisted men.

The presiding officers chosen were a colonel from Texas, a Seattle sergeant, a New Mexican sailor, and a youthful marine private from Connecticut. Sectionalism was as notably absent as distinctions of rank or class. Maine's delegation, for instance, nominated the Texan Chairman, with Ohio seconding, while the State of

Washington was vociferously dejected when its nomination of Theodore Roosevelt, Jr., of New York, as Chairman came to naught because "young Teddy" deyoung Teddy" determinedly refused the honor.

"Pep" there was in plenty. The enthused spirit of America in arms carried on whole-souledly into the walks of peace, auguring great accomplishments for the future. To-day America's veterans actually are organized. The American Legion is a thing accomplished, and within a month the State sub-organizations will have enrolled perhaps half a million men, while the ultimate roster is limited only by the number of those who served-four million.

Four million young men united! Four million men who fought, or sought to fight, for American ideals-men of the fight, for American ideals-men of the North and South and East and Westfused with the common purpose of perpetuating those ideals. Truly an inspiring conception!

In Paris, in March, the first steps toward the creation of the American Legion were taken when delegates from all A. E. F. units met in preliminary caucus. Then, at the call of Colonel Roosevelt and Colonel Bennett Clark, son of Senator Champ Clark, came the organization meeting last week. This St. Louis gathering formulated the primary points of policy and administration, but, in deference to the men not yet returned from overseas, refrained from choosing permanent officers until the November convention, when the A. E. F. will be home and represented.

Every man and woman who wore the uniform between April 6, 1917, and November 11, 1918, honorably discharged

or eligible to honorable discharge by Army or Navy departments, may become a member of the Legion. Its ranks are also open to all American citizens who fought with any of our allies during the entire period of the Great War. Em. phatically, conscientious objectors are excluded.

"For God and Country," says the Constitution of the American Legion,

66

we associate together for the following purposes: To uphold and defend the Constitution of the United States of America; to maintain law and order; to foster and perpetuate a one-hundred-percent Americanism; to preserve the memories and incidents of our association in the Great War; to inculcate a sense of individual obligation to the community, State, and Nation; to combat the autoc racy of both the classes and the masses; to make right the master of might; to promote peace and good will on earth; to safeguard and transmit to posterity the principles of justice, freedom, and democ racy; to consecrate and sanctify our comradeship by our devotion to mutual helpfulness.'

The dominant note ringingly echoed by the thousand delegates was uncompro mising Americanism. If the spirit of all the men who served even approaches that shown at St. Louis, America in the years immediately to come will be no pleasant place for Bolshevism or any other ism which spells peril for democratic institutions.

Consider the answer given the Illinois delegate's invitation that Chicago play host at the next National Convention. Even after the special committee presumably charged with the selection of the