The Richmond Virginian. (Richmond, Va.) 1910-1920, 1914-12-07

OF the State from having in their possession
any form OF intoxicant in any quantity without
regard to the purpose in view in possessing the
same. 1t might be held for mechanical or
medicinal purposes, and therefore clearly within
the exemp ton indicated In the Enabling Act.
Here again il Is not question of the personal
view OF the writer but it is a question to
whether at the present time such a sweepinE
Law contemplated by the people when
Statewide prohibition was adopted. The writer
does not think that anyone ever stated that the
law would contain such sweeping provision,
and while the time may come when such a law
viii be passed. the writer considers that it would
he ill-adyised and premature to demand such
a provision in the legislation of 1916
Custer Law.
Question 8 Would he regard the custer law
permitting summary removal of officials OF
counties towns in which the prohibition law
Is violated foolish and extreme?'
This question is not sufficiently definite to
permit of categorical answer. Any effective
prohibition law must contain provisions that
will guarantee .ts enforcement. Experience has
demonstrated that unfaithful officials de-
stroy the efficiency of the hest laws. The proh-
bition law, therefore, must contain some pro-
vieion which will either supplement by State
aid the work Of the local officials or which Will
remove unfsithful officials There different
methods of accomplishing this result, An
custer Law permitting summary removal OF
officials of counties or towns in which the pro-
fibition law is viola ted" Is not considered TO be
the best method by many prohibition workers,
md in some States, and possibly IN Virginia,
might be declared unconstituti onal In Kansas
authority Is given TO the Governor TO appoint an
assistant prosecuting attorney Tor any county or
city in which the regularly elected attorney fails
TO prosecute violators OF the law. change OF
venue Is another provision which is recon-
mended by some the change including the pre-
siding Judge as we'll as the jury The giving Of
power to the Governor TO appoint special judges
TO sit in communities where complaint Is made
by reputable citizen, that the court officials,
including the judges, in sympathy with the
1iuuor trafrc and therefore vioistors OF the la W
escape either with punishment or with COM
parativelv light sentence
Just what method should DE adopted is A
matter requiring the most careful consideration
or the trainers or the law, but no legislation "a
foolish or extreme which compels the respect of
The law OF the State by atl local officials and if
II should be necessary to provide for the re-
,noval Of unfaithfu officials in order TO secure
he enforcement OF the law. there should be no
hesitation in inserting such provision in the law
will guarantee that result and will not
transcend the limits of the Constitution. And
such legislation IS needed not only for the bet
ter enforcement Of the liquor laws. but for the
laws against any other form o. vice or crime
which may be 1inl<ed a. by local officials. When
men take the oath OF Office enforce the la VS.
~ the Commonwealth of Virginia and deiiher-
ately ignore or violate shat oath. there ought TO
be some method for vindicatng the majesty or
the law even II 1t be necessary 10 remove such
from Office u
Question s''FS wound ANA t"rsr 1' ,ss search
seizure law permitting search of any premises
In which there la cause TO suspect that liquor
Ia being kept as foolish ana extreme?"s
A search and seizure law 10 already on the
statute books Of Virginia but not such sweep
Inc law as the Roanoke editor describes in his
question. proper search and seizure law IS
necessary for the enforcement or the prohibit
ton law bat the form proposed by the Roanoke
editor In extreme" If not foolish Inc Ia"
should permit the search Of any premises In
which there is cause to suspect that liquor Is be-
ing kant" for Illegal purposes: that is, contra
rv to the expressed provisions OF the prohibition
law The law should provide thai any premises
no matter whose shall be liable TO search II
there ia auv cause to suspect that liquor s being
ken, on those premises for purposes OF sale, ny
any form or method whatsoever. In some states
7, ia rsouirsd that complaint must be made ny
al least two reputable citizens, IN some others
Inc officers ar. given the right of initiative and
ca swear out warrant on their own Suspicion
not simply "tnat liquor is being kept on the
urefpises but that it is being kept for iiie2ai
purposes
Not Worthy Successor.
It ~ evident from the above questions that
the Roanoke eaftor would not make a worthy
successor to Rev. j. y, McAlister. The iegisla-
ton proposed by him in his four questions is
unbalanced. premature and extreme. and while
II may be possible that he will the error OF
his way and place proper limitations upon his
suggestions. ard show qualifications for the po-
sltion later on il Is very respectfully suggested
tn him that he withdraw the nomination Of
himself 10 be the Leagues secretary vice DR.
McAllister, resigned as otherwise the League
might be put 10 the painful necessity of black
ballins his application
JAMES CANNON JR.