Arizona republican., 1919-04-13
VAR TIME DRYLAW MAYBE ABANDONED
Lack of Enforcement Pro- visions Made Known By Commissioner Roper-In- ternal Revenue Officials Deny Jurisdiction Say Such Action As May Be Taken Is Up to United States District Attorneys

WASHINGTON, April 12.-Enforce- ment of war time prohibition which becomes effective July 1, is not lodged with the internal revenue bureau or with any other government agency, but is merely left to the United States attorneys. Revenue Commissioner Daniel c. Roper declared today, after analysis of all statutes and regula- tions. Intimation that because of the apparent difficulty of enforcement, the president or congress might be called on to postpone the laws operation, was given by MT. Roper in statement saying that the issuing of licenses for the manufacture prohibited by the war time prohibition act, will naturally cease with July 1, assuming of course, that neither the president nor the congress stays the operation of that law"
 In this connection, it became known today that a number of administra- ton officials and advisers of the president had recently urged him to, prevent prohibition from going into ef feet July l, by proclaiming the com pletion of demobilization by that time. This group is understood to include Commissioner Roper, who is repre- scented as believing prohibition can not be enforced adequately without specific legislation establishing an en- forcement agency.
 After explaining in statement that congress had failed to pass bills auth orizing administration of the war time prohibition provision of the agricul tural bill, approved last November 21, MT. Roper said:
 Roper Hasn't Authority
 Enforcement of the prohibition contained in the act therefore, is not placed with the commissioner of in ternal revenue or lodged anywhere in tRe government, but is naturally left to the United States attorney to en- force by prosecution under the sec tion of the act which provides that any person who violates any of the foregoing provisions shall be punish ed by imprisonment not to exceed one year or by fine not to exceed 5000 or both such imprisonment and fine
 An anomalous condition exists, brought about by the failure of cong ress to enact at the last session the necessary legislation, and provide the necessary money for enforcement of war time prohibition.
 "Exhisting revenue laws with regard to the control of illicit manufacture and sale will of course, remain in force until repealed by congress. Their en- forcement will continue to be given the vigorous attention of internal revenue officers until repealed"
 The commissioner also expressed the view that the only authority given the internal revenue bureau by the war time prohibition act, related to regulating the manufacture and sale ot distilled spirits for other than beverage purposes, and the distribution of wine for governmental, medicinal or other than beverage purposes.
 This statement of Commissioner Roper threw a new element of uncer- tainty into the status of prohibition between July l and January Is, when the prohibition constitutional amend ment becomes effective. Some of- fIcials said this uncertainty might be partially removed by enforcement leg station, if special session of con- gress is called upon, although revenue bureau officials doubt whether an ade- quate force of agents could be whipped into shape between the passage of such legislation even if it were speeded through congress by July l.
 Not Enough Agents
 It develops that the revenue bureau will be unable to assign all of it's 5000 revenue agents to liquor work, owing to the necessity of employing most of these men on tax collection business Reports that 5000 agents will be as- signed to prohibition enforcement work after July l, appear erroneous in the light of the revenue commissioner S decision that he has no authority or appropriations to carry out the task.
 Commissioner Roper and Secretary Glass have always been opposed to lodging in the bureau the function of enforcing prohibition measures, and have suggested that the department of justice is the proper agency for this work
 The enforcement of revenue meas ures which remain on statute books on July l, will not constitute an ade- quate policing of the country, so far as making prohibition of the manufacture of liquor absolutely effective, or even coming near it, revenue officials ex- pidlti. 1duIpdISilo de5 dlASl IUUOlSIlln- CTS. which heretofore have engaged a large force of revenue agents, have been very limited in scope, as com pared with the nation wide violations looked for after prohibition goes into effect for the entire country.
 Technically interpreted, the revenue laws would constitute sufficient basis for detecting and prosecuting illicit manufacturers or dispensers of liquor, officials say, since it violates these laws to make liquor without authority of the revenue bureau and without paying the tax, and the bureau will have no authority, after July l, to issue lisenses. Despite this, persons detected in the manufacture of whiskey, beer, wine or other liquors would be subject not only to the penalties provided by the prohibition act, but those estab- lished by existing revenue laws and to the payment of liquor taxes in addition.
 Advise Abandoning of Law
 Among the officials and influential citizens who are said to have proposed to President Wilson that he consider the proclaiming of the end of demobili- zation before July 1, and thus render prohibition on that date ineffective. are some ranked as advocates of prohibi- ton. Their attitude. it was explained 1 today, is that without prope< provision ] Continued on Page Eighteen)