The Richmond Virginian. (Richmond, Va.) 1910-1920, 1916-01-21

should have 4 state department. or an
office whose duty u IL 70 enforce that
law. shall not undertake to support
this by any argument. but ! state II
upon my experience and my observa-
don. viii simply say that no State
snters upon greater undertaking. than
20 enforce dry law. particularly when
that State for generations has been
wet II you are going to have depart
ments or Offices to see that your laws
respecting banks. public utilities. as
well as many other things that expert
ence has demonstrated 1t is visa to
have, certainly you must have de-
partment or Office for such great un-
dertaking as the enforcement o. dry
law In State that has been wet.
As TO Your Right 10 Create sucA nm
once.
Il do not profess to be very famil-
lar with the constitution Of Virginia.
but most constitutions of Common
wealths, In general. perhaps, are alike.
SO far as / am familiar with your CON-
stltution. and so far as have examined
it. can see no bar in the way for
your Legislature to create an office for
the enforcement of your state prohi-
bitton law. The quertion was raised
two or three years ago IS to the right
OF the Legislature of this State TO
create the office of State tax commits
sIoner Il was commended that tho
constitution did not provide for such.
an executive department without 60
ing into the details of II, I simply en-
close YOU here with copy of Judge
Brannens opinion in that case, wherein
it Is held that the Legislature can
create offices as in the judgment OF
the Legislature IL necessary to carry
out the public policies of the state
OF course these offices can be abolished
by the Legislature at any time, either
by repeating the act or by Withholding
appropriations. On the other hand,
of course as to constitutional officers
the Legislature can neither abolish the
office. nor can 1t withhold appropria-
lions You will find authorities re-
ferred to in Judge Brannons opinion.
argued the case In the Supreme Court.
and without going into details win only
say that my examination OF the quss-
tion convinced me. and my brisf seemed
TO convince the court, that the Lsgisi
ture has the power that have indicat-
ed above.
STATE of Feeling I'm the State.
''Yon asked me about the state OF
feeling in this State. You want to
know If strict enforcement would like
ly lead to o revulsion of feeling and
public sentiment In my opinion. based
upon my experince and observation.
should say that strict enforcement Of
prohibition law will not tend to a
revuision In public sentiment Tndsed.
DR. Cannon. respecting dry State
there must be one or two conditions.
The law must either be enforced. or
allowed to drift. In my Judgment
nothing will make a dry State go back
TO wet State sooner than allowing
the law to drift--in other words, non
enforcement The argument OF the wet
law cannot be enforced---that proh:bs-
ton does not prohibit. You will have
many people saying. II you endeavor
TO enforce your law strictly, that you
are going too far and that you win
cause a revulsion In public esptfment-
Some of these peopie will be absoiuts-
ly honest and sincere tn such state
ments We have had them here In
! this state. Bat this has been our ex-
/ perience: when we first endeavored TO
/ have the carriers en1oined from dclfv-
/ erlng Intoxicating liquors into this
State there were many good people
| that thought thai was going too far.
! Yet Tn n few months conditions ad--
/ justed themselves, and public sentiment
moved up to and beyond that oven. and
| denganded that more drastic steps be
taken. Quite recently the courts OF
| this state have enjoined the railroads
,xoxicating liquors as personal aggage.
when the liquors were labelled. In
4 other words, upon the theory that In
toxicating liquors do not constitute
4 personal baggage when carried in such
quantities as required a Label. Now
public sentiment 10 almost unanimous
in its approval of such action Of thu
courts. and say TO you today that
! sentiment In the State Is as strong. III
( not stronger, than the laws and the
efforts made to enforce IL. There 10
came In yesterday and today from am
ployers of labor. from the secretary
| Of one OF the largest organized labor
unions In the State. from men In pri-
vate walks. all to the effect that this
State is now reaping the benefit OF
prohibition, to the great good OF the
I state, by reason OF the strict enforce
ment of law. / am today In receipt OF
! a letter from Judge Frank w. Nesbitt.
! formerly circuit judge in this State
and who declined a position on the
Supreme Court of Appeals, In which
he says: Let me take this occasion
TO congratulate you upon the success
! Of your efforts to bring home to all
parties concerned tho fact that the
! laws must be obeysd. I really think
J that even those interested In the liquor
| trafnc are beginning to realise that
| the laws must be obeyed." But to
bring about this condition recurring t.