The American issue. [volume] (Westerville, Ohio) 1912-19??, 1923-06-29

our constitutional system; formal
council OF coordination, representing
state and national governments. au-
thorized TO examine into particular
needs in this area, to devise projects
in co-ordnated action, and to propose
them formally 10 the Congress and
the legislatures. Without possessing
any power OF legislation or of man
datory initiation, such a body might
render an advisory service which, it
made permanent and continuing,
would conceivably be of great advan-
tage.
But for the present there are i'm
mediate problems before us which can
not await The possible creation OF any
such slow-moving mechanism of
philosophic consideration. The pro-
hibition amendment TO the Constitu-
ton is the basic law OF the land The
Nolstead act has been passed, provid-
ing code OF enforcement. | am corr
WINGED that they arc small. and a
greatly mistaken. minority who be-
lieve the Eighteenth Amendment will
ever be repealed. Details of enforce
ment policy doubtless will be changed
as experience dictates. Further, am
convinced that whatever changes may
be made will represent the sincere pur-
pose of effective enforcement. rather
than moderation OF the general policy.
IL will be the part of wisdom to rec
ognize the facts as they stand
The general policy of the states to
support the prohibition program and
TO cooperate with the federal govern
nient regarding it is attested by the
fact that almost unanimously the states
have passed enforcement laws of their
own. \ difficulty however, arises at
this point. A good deal OF testimony
comes to Washington that some states
arc disposed to abdicate their own po-
lice authority in this matter and to
turn over the burden OF prohibition
enforcement to the federal authorities.
1t is singular fact that some states
which successfully enforced their own
prohibition statutes before the Eight
zenith Amendment was adopted have
latterly gone backward in this regard
State Officials Lax in Aiding United
.s States to Act
Communities in which the policy
was frankly accepted as productive of
highly beneficial results and in which
there was no widespread protest so
long as it was merely state concern,
report that since the federal govern
ment became i'll part responsible there
has been growing laxity on the part
OF state authorities about enforcing the
law Doubtless this is largely due to
nlisconceived notion too widely
entertained, that the federal govern
rnent has actually taken over the real
responsibility The fact is quite the
contrary. The federal government is
not equipped with the instrumental-
ties ito5rnlakes enforcement locally eff
fective. II does not maintain either a
police, or "a, judicial establishment
adequate or designed for such task.
II the burden OF enforcement shall
continue to be increasingly thrown
upon the federal government it will
be necessary, at large expense, to
create federal police authority which
In time will inevitably come to be re-
garded as an intrusion upon and inter
ference with the right of local author
lily to manage local concerns. The
possibilities of disaster in such a sit
uation hardly need TO be suggested
Net,it is something that we must rec
ognze as among the menaces in this
situation.
THE federal government ought to
perform, in connection with the en-
forccment of this policy those func-
tons which are obviously within its
proper province. These are compli-
anee in all its aspects as it relates
to internationl' commerce, the i'm
portation and expectation of liquors.
the collection of federal revenue, the
prevention OF smuggling and in gem
eral the enforcement of the law with
in the proper realm OF federal author
ity But the business of local en-
forcement by states and cities ought
20 be in the hands OF the state and
local authorities, and it should be OK
ccuted in all sincerity and good faith
as other laws are presumed to be
executed.
What | am saying must not be con-
strued as indicating any relaxation
OF the national governments purpose
to do It's full duty in this matter. |
have no doubt that if the burden is
cast in undue proportion upon the
National authority the Federal gov
eminent will, not only under this Ad-
ninistration but under whatever others
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