The Richmond Virginian. (Richmond, Va.) 1910-1920, 1917-12-18

tate of Virginia under statewide pro-
that q law so revolutionary in it's OPP
will not operate automatically
other laws by ordinary processes
and with the ordinary machinery OF
the government. Because this was a
and unexplored expause. without
guidance from predecessors. without
the benefits of experience. I confess
that tho embarrassmeuts were very
great and the blunders not a few.
Law Interpretations Varied.
"As soon as the Mapp prohibition
aw was passed a very learned pam
phiet interpretative OF the act entitled
The Virginia Prohibition Law. was
published by Mr.. r. B, Benson, a
p~ainstaking and erudite lawyer of
Charlottesville Wa. In this pamphlet
great and unusual powers were
attributed 70 the commissioners and
the supreme court have differed very
materially with some of the conclu-
sions OF Mr.. Benson IN other conten-
tions and ] have never been able to
discover the remarkable power men,
toned by him. In fact. l have felt
that there was not an officer In the
commonwealth given less discretion
than the commissioner of prohibition.
Aside from the appointment OF his
assistants, the direction of the funds
appropriated and the power of a sher-
III to make arrests under this act. I
now OF 10 power conferred upon the
commissioner not conferred upon any
>her peace officer In the common
wealth.
But this publication gave rise TO
many impossible expectations and de-
napds. II a local police board. or
mayor with police authority, or city
council with police authority disagreed
with the comm missioner tas In one case
there was disagreement. I can ind
no clause in the prohibition law by
which the authority OF h commits
stone ~ prohibition may be enforced.
so tina the administration OF the Of
Gee has often been by diplomacy
rather than by Law and when diplo-
macy failed Fin two instances oniy>
the law failed also. Not only were
there no precedents IN this unique ex-
ploratien bat there was no uniformity
OF thought anon a multitude OF coun-
selors. but. on the contrary, a very
natural diversity of opinion and much
confusion Of ideas. making the selsc-
ton Of helpers and the general policy
a difficult undertaking.
Statute Revolutionary.
The law itself Is revolutionary. rev
~oiuttonixtng the traditions n habits
az Virginia for centuries. Such q Law
could not he initiated anywhere with
out friction. II could not operate in
Virginia without much friction and
without incidental h~ardships,
The legislation 10 new and every
phase of Virginia life and mercantile
necessity could not be anticipated BY
one session of the general assembly
hence. there have arisen a number
1ef /. fg asSs1s - 8
administration OF the once q vax&tfo1s
task.
MANY virgtnians who opposed ths
change of policy from the license sys'
tenn under local option ~ we'll as
those Who avored 1t, have with com
mendahle loyalty entered cheerfullS
into the spirit of the change n up
held the majesty of the law hut not
all Of them. Everywhere are to be
found men much ensisved by appetite
who have constituted a sullen menace
to enforcement by critical slurs anc
encouragement to the lawless element
of vagahonds gtyen to 'bootleSging
and awiessness.
Those Who Expect too Much.
There are also among us those o
us with good Intentions and high pur
poses ~nC &iWA$b eNpFNt "a "SI
passage of a Law TO accomplish every
thing-superhcisl thinkers who do no
understand the difference between Law
Fundamentally and the mere instru
ment or statute which expresses Law
These u~nfortunates can never under
stand why murder Is not eliminated
when the statute say Thou shalt no
XIII Such persons are unreasonable
In their expectations OF results and cri
teal of officers charged with the en-
forcement OF law. but like h poo
they are always with us'
Man persons heretofore int est
ed directly and indirectly in the train
in ardent spirits have acted with com
mendable loyalty under the law. bn
no one expected all OF them to do q
and therefore II is not surprising tina
a number of these people remain 'un
reconstructed hostile, vindtcttve an
mischievous. They have made them
selves felt in Illicit distilleries. in un
lawful transportation and sale, n u
the testimony withheld or prevented)
before the courts and actually hav
tnsinuated themselves by devious bu
undeniabie ways upon juries for IN
trial of these causes.
Custer Law Fatally Defective.
The efficiency OF the local polio
ana C~plSldpuiaty NDo " npcSA"AA
charged with the enforcement OF h
law In the main has been very com
mendable. But In several localities
has been dificult to impress these OF
ficers with the fact that the prohibi
ton department is charged with tn
supervision of the enforcement OF tn
law and that they are charged wit
it's enforcement. They r dispose
to reverse this order and expect en-
forccmcnt from the commissioner Q
prohibition, while they stand by an
supervise. Occasionally peace oficer
have been suspected of collision wit
the transgression. rather than h en-
forcement OF the law, and some {
these have been penalized. The mai
expectation OF the general assemhl
was hat all such might be dealt wit
by the custer law, but the FIRST tim
this law, from which so much was 81
pected, was invoked. 1t was discovere
that 1t was fatally defective and coul
not be successfully employed to GU
anyone. ! have not advertised this fac
and 1t is not generally known. but sue
Is a fact and l disclose II now for tn
first time.
I'm the very beginning OF this ad
ministration II was evident hat tn
appropriation for the department c
$4,000 for sixteen months from Nc
vember /. 1915. to March, 1918. wa
tw~retchAAi- t-~~A~~s~s~ and during q