The truth is, of course, that the judges are by no means under the compulsion that is alleged. The injunction clause of the Volstead Act actually has no constitutional mandate behind it; the only constitutional mandate that I can find, bearing upon it at all, is against it. That is to be found in the Fifth and Sixth Amendments. The first of these amendments provides that “no person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury”; the second requires that “in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and district wherein the crime shall have been committed.” It must be obvious to everyone that the aim of the injunction clause is simply and solely to deprive the accused of these safeguards--to rob him of his clear right to a trial by a jury of his peers. The history of the clause reveals the fact clearly. It was first heard of in Iowa in the early years of the century, and it was invented there, not by Prohibitionists, but by the frantic vice-crusaders who then raged and roared in the hinterland, inflaming the pious with gaudy yarns about white slave traders, seducers armed with hypodermic syringes, and other such phantasms. In Iowa these vice-crusaders specialized in the harassing of the sort of poor women who keep cheap lodging-houses. When such a woman, by ignorance or inadvertance, admitted a lady no longer a lady to her establishment, they raided her, dragged her to jail, and charged her with keeping a bawdy-house. This was good sport, and the rev. pastors urged it on every Sunday. But after the first uproar, it began to develop defects, and the chief of these defects was that juries refused to convict. Now and then a man of sense and self-respect got upon the panel and spoiled the show. Perhaps he found it impossible to believe the sworn testimony of the vice-crusaders. Perhaps he concluded that the accused, though guilty, had been punished enough by the raid. Whatever his motive, he hung the jury and killed the hunting.