Fulton County tribune. (Wauseon, Ohio) 1883-1925, 1918-02-01
STATES RETAIN
POLICE POWERS
Proposed Prohibition Amend
m3nt So Says.
THERE is NO REASON FOR FEAR

Amendment as Submitted by Con.
gress Provides For Concurrent
Power of States and Federal Gov
ernment In enforcement of Pro-
hibition-State and National Au-
thorities to Join Hands In Promot-
ing the Public Welfare and In Safe
guarding Public Morals.
Columbus, Ohio. - Certain Ohio
newspapers opposed to Prohibition
are asserting that the Prohibition
amendment submitted by Congress
will, if adopted, destroy the police
powers of the state ]. A. White, Su-
perintendent of the Ohio Anti-Saloon
League, and attorney for the same,
thinks this question is readily an
swered by Section 2 of the resolution
submitting the amendment, which
says:
"The Congress and the several
states shall have concurrent
power to enforce this article by
appropriate legislation"
Mr.. White goes on to say:
That language itself preserves to
the states all their police powers, and
the right to exercise them in the en-
forcement of the law, the same, of
course, being concurrent with the fed
eral authority.
The police power has been defined
as that BROAD authority given the
people to provide for the protection
Of the public health, the public NOR
ais and the public safety"
The United States Supreme Court,
in constituting the Mann Act, passed
by Congress and known as the White
Slave Act, said that there was con-
/ current jurisdiction existing between
the federal and state authorities in
protecting public morals. The Court
made that statement regardless of
whether or not the law itself specif-
cally granted it; but in the case of
the Federal Prohibition amendment,
Section 2, it expressly preserves alike
the state and federal authorities in en-
acting and enforcing legislation after
the amendment has been ratified by SO
states.
This amendment was submitted on
the theory that has long been an
nounced by the courts that there
should be no Twilight Zone" between
the federal and state authorities in
which anyone might hide and evade
either the state or federal authority.
-1803-Western Newspaper Hat.
Hence, the attitude of the courts in
boldly announcing that there is con-
current jurisdiction existing between
the federal and state authorities in
safeguarding the public health and the
public morals and the public safety.
This principal is fundamental because
neither State nor Federal authorities
can exist long unless they join hands
in every way possible in safeguarding
these principles upon which the gov
ernment itself depends for it's very
existence.
Following the announcement OF this
principle by the courts, now comes the
national Congress and expressly puts
in the amendment the authority CIV
ing concurrent jurisdiction in the en-
forcement of the law enacted after the
ratification of the amendment.
The liquor crowd always sets up a
howl if too much authority is given to
punish its lawlessness. A law-abiding
man never has any fear if all the
courts in the universe have jurisdic-
ton over him. 1t is only the law
breaking element that fights the ex-
tension of jurisdiction to the courts.
Why should not the national gov
ernment join hands with state gov
ernments in safeguarding public
morals and the public health and in
promoting the general welfare?