The Washington times., 1920-08-06
DECREEST|RS
us. OFFICIALS
Attorney General. Armstrong;
Decision Is That City Officers
Have No Power.


interested In . decision handed down
yesterday by Attorney General Alex
ander Armstrong. of Maryland. to the
eject that Baltimore police do not
possess the power to make arrests for
violations OF the Volstead act.
Prohibition officials indicated that
Armstrong had laid the foundation for
bitter controversy and possibly hard
fought litigation that will attract
attention far beyond the boundaries
of Maryland
Commissioner Gather announced that
members OF his department will make
no arrests for violation of the Vol
stead act. and added the surprising
news that his department has 800
complaints OF violations upon which
Ut has not acted, pending Armstrong; q
ruling. and which will now be handed
TO tho Federal agents. General
Gather explained that withdrawal of
the police from active enforcement of
tho Volstead act will not prevent
them cooperating with the Federal
agents In giving the latter informa-
ton.
The nrst sign Of the nght that may
follow Armstrong; ruling came from
prohibition enforcement headquar-
stated that no other State in the
Union had taken such a position as
that outliDed by the Maryland attor-
ney general.
An inference was drawn that the
chances were strong that ways and
means would be found to have the
Maryland court Of appeals pass on the
attorney generals opinion.
IECIsI,ATORs AssAIIED-
From George w. Crabbe. superin-
came a statement to the effect that
II the Maryland authorities have no
power to enforce the Volstead act.
II is because Governor Richie and
the Democratic majority in the last
legislature sided with the lawless
element. And further, that the Vol
stead act will be enforced in Mary
land. by other agencies than those
of rhe State, IL the Governor and the
police department prefer to stand by
and see other agencies do the work.
Moreover, there were critics of
Armstrong's opinion who called at
tention to Article two, of the Declara-
tion of Rights in the Constitution Of
Maryland, which reads as follows:
The Constitution of the United
States, and the laws made or which
shall be madee in pursuance there
of, are and shall be the
supreme law of the State; and the
Judges of this State, and all the peo-
pie of this State, are and shall be
bound thereby. anything in the Con-
stitution or law of this State in the
contrary notwithstanding.
SAYS RULING WILL HOLD.
These critics wanted to know why
1t was not the duty OF the police de-
parement of Baltimore, to enforce the
Volstead act, II, as a Federal law, II
is part of the supreme law Of Mary
land. A prominent lawyer said that
he thought this section OF the State
Constitution would not upset Arm
strong's opinion. His theory is that
while the Volstead act is a part of
the supreme law of the State, the
power to make arrests under the law
must be clearly defined, and there is
no clear definition in the Volstead act
of State police as agents to make ar
rests. Nevertheless, he said, a point
could be made against Armstrong s
opinion from that section of the Con-
stitution.
II the ruling Of Attorney General
Armstrong to the effect that the Bal
ttmore police are not authorized to
aid the Federal Government in enforc-
ing the Volstead act is upheld by the
courts. 1t will become necessary for
the. enforcement officers Of the Gov
eminent greatly to reinforce the
agents now engaged in pursuing vio-
lators OF the law in Baltimore.
This is the view taken by most of
the subordinate officials in the office
of Prohibition Commissioner Kramer
when Informed of the action of the
Maryland attorney general. In the
absence Of Kramer, however, 1t was
stated that no matter of policy could
be discussed except in the most gen.
eral terms. The commissioner is out
OF the city, butts expected back to-
day. Upon his return he Is expected
to take up first with the law officers
of the bureau the legal phases of the
problem presented by Armstrong s
opinion and later with Commissioner
OF Internal Revenue Williams the
question of policy with respect to
Maryland.
Maryland is the first State to re-
fuse openly to cooperate with the