The Richmond Virginian. (Richmond, Va.) 1910-1920, 1919-07-14

aist IN the enforcement Of this law
also. or be dishonorsd In the eyes Of
| the decent people OF this TIME and OF
| the times to come.
Other Cases.
It would be Impossible within the
limits OF tnis statement to even men
ton all OF the complaints that have
been preferred against this depart
and It's officers. For some there has
been more or less cause. This depart
ment like all other agencies OF NUM-
cipai. state and federal governments
is administered by human beings
who are liable 10 error. The admin
istration OF laws against liquor has
been recognized from time i'm
memorial as the most difficult Of all.
In undertaking to enforce so rcvo-
lutionary system as prohibition In
state like Virginia, where the habits,
customs and pr. JUDGES OF thousands
of citizens were necessarily opposed
and in making thousands OF arrests
under the moss trying condlilons, the
wonder Ia that there have been SO few
mistakes committed. One OF TWO
trunks and few articles or baggage
which contained no liquor have been
inspected and IL few arrests have been
made when no convictions resulted,
but in each case there was reasonable
cause to suspect violation OF law, ana
1t is doubtful whether acton taken 10
enforce any law on the statute books
has resulted IN so small q percentage
of mistakes.
Federal authorities operating under
the department OF justice, others
operating under the treasury depart
ment and local police officers have &C
casionally made sucn errors such as
/ ho ,na n a federal
ticers at Roanoke. ii has been re-
ported that whiskey has been shipped
in collins in this state. 1t has GER
tainly been so shipped in other states.
! However, the officers of this depart
mont have never opened any coHlns
! in their search for liquor Neverthe-
less, when the coffin in question was
opened by federal oihcers there
was dismal howl against the
department OF prohibition or Virginia,
without waiting for any investigation
Judge Payne's letter, which is Exhthit
Ii in the Appendix, fixed the respon-
sbility beyond question Many boot
leggers have masqueraded as agents or
this department in order 10 steal
liquor from other bootleggers. Just
why this department should be held
responsible for these outrages is not
clear unless the war department
should be credited with crimes COM
mitted by criminals masquerading as
officers of the United States army.
Search. Seizure and Confis<ation.
Most Of the complaints urged
against the department of prohibition
should he directed. # at all, against
the law which this department Is re-
quired to enforce, such as The pro-
visions relating TO the search. seizure
of
the Illegal transportation of intoNl-
icants. Anyone aggrieVcd by the i'm
proper administration of these laws
will find the courts open to him for
redress. If the complaint Is against
the law itself IT should be addressed
to the Legislature OF Virginia which
enacted it for the benefit Of ali the
people of the state. If individuals. III
some instances. suffer loss or incon-
venience. Ii is bat one of many proofs
that no law can fully provide against
iall such contingencies. Tn" laws of
quarantine. those against Illegal hunt
ing and fishing. against the carrying OF
concealed weapons and many others.
provide for the forfeiture of property.
some of which may he owned by in
nocent people, but they ar" accepted
with competency. Only when these
age-old principles are applied in the
enforcement of prohibition do they be-
come a menace 10 the sacred con-
stitutional rights OF the citizen. Never
theless. the lawmakers have spoken,
the courts have defined their powers,
and all good citizens will respect their
authority. Bad citizens may as well
understand that they are in hone
| less minority and that the laws which
they dislike the most Will be liked the
best by the remainder of the popuia-
ton II should be added. however.
thar this department has been liberal
in the administration Of The confs-
Catory features of the law Whenever
it has been proved that automobiles
or other vehicles have been stolen
from innocent parties and found IN the
possession of hootlegcers and used IN
transporting whiskey, ii has been tho
policy of the department TO request
the courts to return The machines 10
their owners, OF course when own
ers have been in collision with the
violators of the law, their claims are
not considered Some interruptions
dealers have sold cars TO know boot 4
legGers upon long credit thus will
fully aiding thc viola tors OF the law
They have been entitled tn no con-
sideration and the law allows them
none. Decisions of several federal
and state courts, show pfainly the
legal basis for holding the claim OF
the state to such confiscated property
superior To that of any other lien
The Retention Of the Department.
1t must be evident to the dullest in
tellect that the ultimate goal of the
enemies Of prohibit on is the abolition
of the Department of Prohibition
Their first contention was that the
department would not enforce the
law, their second. that II had enforced
the law too well. 1t is certain that
many parched threats have resulted,
The department has been confronted
by the dilemma of being criticized for