The Richmond Virginian. (Richmond, Va.) 1910-1920, 1916-02-02


institutions: and ne may inspect OIL
any time the official books. accounts
and vouchers, and ascertain the con.
ditinn OF the public funds In their
ls.harae."s
These citations show clearly that
the Governor is given By the Conrti-
tuition power over all executive ON ,ers,
and he would have the same power
over the Commissioner of Moral We'll
fare that he has now over other srieh
officials, but the Governor would not
have any more power over suct@com-
missioner than over other similar Of
fcers, and he should not have any
more power
The power granted to the commits
sioner of moral welfare does not differ
at all In kind or degree from that
granted TO the commissioner OF
fisheries. or the commissioners of
] health. or any other departmental
COMMISSIONER AZ is Nhe uuty OF the
commissioner of fisheries so see that
the laws are properly enforced;
Furthermore. TO appoint the captains
of steamers and vessels used by the
State: and furthermore. to supply
ammunition, provisions. and fuel
necessary: and furthermore. TO
adopt rules and regulations for police
| of the waters of the Commonwealth"
The health commissioner has
equally sweeping grants OF power, yet
neither OF these officers is coordinate
with the Governor, but both of them
are under the control OF the Governor
of the State by the Constitution. The
commissioner OF moral welfare would
be equally under the control Of the
Governor.
The Index-Appeal says: THE in
spectors and deputies are clothed with
the authority to enter buildings, and
search them In cases where II liz
suspected that more than the quaint
ity Of liquor allowed by law Is stored"
This statement is misleading. The in
spectors and deputies are clothed with
authority TO administer oaths, take
affidavits, and enter buildings with a
wa rrant fsnd not without warranty
where there is reason to believe that
Tho law relating 10 ardent spirits Is
being violated.
The Yndex-Appeal omits entirely the
fact that nothing can be done with
Tout warrant sworn ont before a
magistrate or mayor. And the depu-
tiles and inspectors will not swear OUT
this warrant unless there is reason TO
believe that liquor stored in a build
Ing Is being stored for the purpose OF
Illegal sale. or illegal Use. There Is
nothing in the act which makes II a
Icrime to possess In one home more
than offe gallon Of distfiTed Isanors and
lone gallon Of wine and three gallons
tof beer but the law says that IL more
THAN the quantity is storsd In home
lif shall be pr4ma facie evidence that
1.-THE ardent spirits are being kept for
purposes Of sale. but that does not
mean at all that the presumption that
the liquors are being kept for purposes
Iof sale cannot be overcome by testi-
mony as TO the character of the person
and the uses to which the liquors are
being put In other words, the law is
almost the same as It is at present on
that point Any officer can now search
/ any mans premises II warrant is
sworn out stating that there is reason
able ground to believe that ardent
spirits are being stored in his house fer
| purposes of sale. But the man can re-
but the presumption by testimony.
There is no more likelihood that any
home will be searched under the pro-
vision of the proposed law than under
the present law
These are some OF the misrepre-
sentation of the Index-Appeal In one