The Washington times., 1920-08-06

| sion over the law In Maryianu |
may have arisen from this fact.
Federal Government in the enforce
ment of the Volstead act, II was stated
officially. Others may have been
lukewarm In their enthusiasm, and In
few cases the State officers may
have deliberately laid down, but In no
other case has the State government
given formal notice that state police
will not make arrests under the pro-
lhibition law. For that reason there
are no precedents to guide Mr..
Kramer. He will have to FIX an en-
tirely new policy in meeting the en-
forcement problem in Maryland.
'It was pointed out that the OBJ
vious thing for the Government to do
was to station enough OF its own
agents in Baltimore to carry out the
law, and it was assumed generally at
the bureau that this will be done, but
all announcements on the subject will
be made by the commissioner HIM
self. One official, in commenting
upon the ruling OF the Maryland at
torney general. said:
"'Because Of the earlier position
taken by Armstrong we are not
greatly surprised at his action, but
we are convinced that he has taken
we'll known, it is the fixed purpose
of the law to place prohibition en-
forcement in the hands Of the State,
with the Federal Government assist
ing 1t was never the intention TO
place this duty in the hands Of the
Government with the States assist
ing. 1t is amazing, therefore. to md
a State refusing to do its part in lhis
important matter
a, iDfi ipna cd
clearly that the opposition to prohi-
bition in Maryland was responsible
for the Attorney Generals opinion.
In no State where there is a strong
prohibition sentiment would an at
torney dare make such ruling, II
was added"
SAYS LAW WILL BE ENFORCED.
Superintendent Crabbe's comment
on the Armstrong ruling was this:
"If the State Of Maryland is with
out authority to enforce prohibition,
1t is due to Governor Richie and the
Democratic legislature. who last win
ter refused to pass an enforcement
bill and yielded to the lawless ele-
ment of the State. But even il the
State Is without authority the pro-
hibition laws will be enforced.
There is ample authority for en-
Baltimore is too close to Washing
ton for the liquor people to run wild
here because the State will not act.
We do not intend to sit idly by and
see the laws violated. II Governor
Ritchie and the police department do
not want to enforce the law and pre-
fer to have the law enforced by other
agencies. they will be satisfied"
Crabbe was asked whether the
A Cs-I L.
to have Armstrong; opinion tested
to discuss that and explained that he
had just read the opinion. For tho
same reason he declined to discuss
Armstrong; opinion from the legal
standpoint.
ARMsTRONG's RULING.
Attorney General Armstrong; opin-
ion, in part, was as follows:
Since the Federal system has no
common law jurisdiction from which
an implied authority might be de-
rived" says the opinion. "and since
no express power has, by any act Of
Congress, been conferred upon State
officials in connection with the en-
forcement of the Volstead act. I have
come to the conclusion that, from the
standpoint of Federal authorization.
tnc pOllCS VI DditiIhoft arc totdlly
lacking in authority to enforce that
measure.
"The legislature of this State could
have adopted the Volstead act and
made il a part of the State law but ii
declined to do SO, and, therefore,
neither from that source nor from
any other legislation enactment of
Maryland that ! have been able to dis
cover have the police of Baltimore de-
rived the right to make arrests for a
violation of that measure. Their pow
ers seemed to be confined to an en-
forcement of the laws Of Maryland
and the ordinances of Baltimore city,
and I must, therefore, advise you that
the police of Baltimore, as such, and
by reason of their official position,
possess no rights or powers with ref
erence to the enforcement of the Vol
stead act.
HOW POLICE MAY ASSIST.
''The police are, Of course, private
citizens OF the United States and may
exercise such powers in apprehending
violators of Federal statutes as are
shared by them in common with all
other citizens. I realize that occasions
may frequently arise when members
Of the police force, OR you, as their
chief, may deem It advisable to CO.
operate WIN tne reuehAl autnOrltles
in the enforcement of the Volstead
act. and that in this connection the
police, by reason of their experience
and special training. may render pc
culiarly valuable service.
There are many ways in which
| they can do so legally. For example
by securing and furnishing informa-
| tion. by assisting Federal officers in
making arrests. by acting as special
deputies or bailiffs upon appointment
by United States marshal, to exc
cute n particular process and other
| wise. l understand that II has been
the practice in certain localities for
members of the police force to make
arrests and otherwise participate in
| the enforcement of the Nolstead act,
but the fact that their acts have gone
unchallenged Is no proof Of their va
lidity.
"a guilty party, passing promptly
into the custody of Federal authori-
/