White Pine news. [volume] (East Ely, Nev.) 1920-1923, 1923-01-28
COUNTY REFUSES SPR|NGMEYER'S
DEMAND FOR ENFORCEMENT AID

United States District Attorney
George Springmeyer to close the
towns and use its financial resources
TO assist in enforcement of the vol-
stead act This has been made clear
to Mr.. Springmeyer in a letter ad-
dressed to him this week by the
county commissioners.
The action was formal. 1t came
about through a letter addressed to
tho board by Mr. Springmeyer, in
which he urged the appointment of
four more deputy shcriffs to assist
Sheriff Nicholson in making Ely and
the county dry.
The letter came before the board
at its semi-monthly sitting last Tues
day and not a word or sentiment was
expressed in harmony with that OF
the federal attorney. District Attor-
ney II. w. Edwards and Sheriff Hen
ry C. Nicholson were called in and
took the main part in the discussion.
Mr.. Edwards spoke substantially as
follows:
1T Is idle to say that the law can
not be enforced and the town made
dry. The law can be enforced. The
question is not that. 1t is whether
or not the people want 1t enforced.
think / have talked 10 about every
body here and the sentiment that
find IS not in favor of too rigid ap-
plication of this law. Officers are
only human The sheriff could be
elected on promises to make Ely dry
and he could carry out the promises.
but no matter how much he might
be inclined to follow that course it
would be but human for him to coin
eide with the prevailing sentiment
of the community, which is not in
favor of too drastic action under fits
terms
Mr.. Edwards said convictions were
not impossible to obtain. but he ad-
mitted that where the accused de-
mands a jury trial the real difficulty
begins. 1t resolves itself down, in
his opinion, to whether 1t is better to
conform to an unpopular law or to
acquiesce in the desires of the people
of the county. which, ne said, is un-
doubtedly against rigid enforcement.
He suggested for the consideration
of the commissioners what is known
as the little Volstead act" which
has been adopted and is in force at
Reno and one or two other places.
1t presumes a knowledge of and as
sent to a certain amount of law vio-
lation, but ii has the effect of reduc-
ing the liquor evil TO a minimum
and gives the town or county the
power to regulate its own affairs. He
promised to furnish to the board an
outline of the plan and its workings
for future consideration, which met
with the members approval.
Sheriff Nicholson directed attention
to the fact that under the present
law the county must go TO all the
expense of liquor cases, yet the fines
go to the state. He regarded 1t as
absurd to expect the counties to bear
this expense and said legislators at
Carson City had various measures in
hand to amend the laws so that the
counties could get the revenues.
The sheriff declared that to hire
the four additional deputies asked
for by the federal attorney would
only add to the burden on the coun-
ty. with the state further enriched
by the results of their activities. The
present force was quite adequate, in
his opinion, to enforce the liquor or
any ether laws. and an enlargement
of the force would not help in the
slightest but would only add to the
already large cost of running the
county. tie said;
Il am raiding the stills now and
gathering the moonshiners in faster
than any other sheriff In the state.
My record last year was thirty-two
stills against seven or eight for other
sheriffs. That is done to stop the
manufacture of moonshine liquor,
but when you come to its sale that is
another matter. could close up
every soft drink place in Ely in half
a day. but that would only start the
men in the back alleys with 1t on
the hip. This would be a far worse
evil and a more deadly kind of stun
would he sold. What we need Is a
way of enforcing the law so that the
county or the city gets the revenue"
The sheriff told of his observations
of the anti-gambling law of Montana
a few years ago. One legislature
made gambling a felony The result
was unrestricted gambling, with
many arrests but few convictions.
Juries would not consent to sending
men to the penitentiary for gam
bling. The next legislature made II a
misdemeanor and gambling soon was
worn out by attrition. Gamblers
tried by juries were convicted be-
cause the jurors. though unwilling to
imprison them, were willing to fine
them. The first fine would be 5000,
from that to $1,000 and finally up
to $1,000. That stopped gambling.
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