Two Decisions

The Supreme Court continued its busy session; handed down a bundle of decisions last week, among which were two of vital and controversial significance:

Double Jeopardy. In the case of Doras Herbert et al. v. the State of Louisiana, the Supreme Court ruled that a person who violates the prohibition laws can be prosecuted in both State and Federal courts for the same offense without violating the clause of the Fifth Amendment-forbidding double jeopardy. This clause says: "Nor shall any person be subject for the same offense to be twice put in jeopardy of life of limb." Justice Willis Van Devanter's opinion held that a person who manufactures intoxicating liquor "commits two distinct offenses, one against the United States and one against the State," and hence may be punished in both courts. His decision reaffirmed the doctrine laid down in 1922 in a similar State of Washington case.

Even the quiet editorial page of the New York Times bellowed alarm:

"The rights of all of us under the Bill of Rights are essentially if not technically violated. The double jeopardy remains double jeopardy, no matter how divided by the refinements of language."

Even such a scholarly Wet as Nicholas Murray ("Miraculous") Butler, President of Columbia University, was vexed:

"The barbarous and un-American answer of the Anti-Saloon League is that it makes little difference how many times a man who violates the national prohibition law is put in jeopardy for one and the same act."

Contemplation of Death. When potent men feel Death creeping upon them, when they realize that the state inheritance tax will cut a large slice out of their estate, then they may well be moved to trim down their worldly goods with deeds of philanthropy. In Wisconsin they heretofore had to time their charity six years before they died. But those days have gone: last week the Supreme Court reversed the Wisconsin courts' opinions which had held valid a state inheritance tax on gifts made within six years before the death of the donor. Such gifts were formerly considered as having been made in "contemplation of death." And the question is: Where does "contemplation of death" begin--on the death bed, or 24 hours before death, or one year before death?

*Original Amendments One to Ten, enacted in 1791, constitute the famed U. S. "Bill of Rights."