The Washington times., 1923-05-05

Acting Chief Doesn't Believe
Repeal of Law Will Break
Down enforcement.

Strong re-enforcements to The
Federal ''dry" forces in New York
/ will be rushed to that State, Il
necessary, to enforce the Volstead
hact, the Federal prohibition office
declared today, following repeal of
the New York State enforcement
law.
To Get Close Attention.
/ New York will be given the
most careful attention and should
State officials, mayors, sheriffs and
police departments fail to uphold
/ the Federal Constitution as they
are required by oath to do. the
Government viii step in with .
firmer hand than has yet been ex-
erted in that State Assistant Pro-
hibition Commissioners James z.
/ Jones said.
However, national authorities did
not view the situation with great
alarm and they insisted as highly
exaggerated the statement that re-
peal of the New. York law will go
far to breaking down enforcement
of the Volstead act in the East.
Assistant Commissioner Jones
pointed out that In Maryland
there is no State prohibition law
and that conditions in that State
have been as good or better than
| in New York where there was
State statute prohibiting manu-:
| facture. sale and distribution ct
liquor.
Jones significantly called atten;
ton to action of the Federal Gov.
eminent against the mayor and
The mayor and others were indicted
/ in the Federal courts at Indianapo
lis and sentenced for conspiracy 20
violate the Federal prohibition law.
Cites Gary, Ind, Case.
at don't know what action in that
regard win be taken in New York,
provided the State. county and
municipal officials fail to uphold
the Federal law" Jones said. Just
/ what action would be possible
/ where these officials fan to see
violations is doubtful. However.
where they deliberately encourage
and permit violations action SINH
lar to that taken in Gary. Ind.
would be possible on the part Of
/ the Government. =
/ Jones pointed OUT IHG VOLS ON re-
peal of the New York law was close.
He believed that in counties repre-
scented by senators and assembly
men who voted against repeal the
officials are sympathetic to enforce
ment of the Volstead act and will
carry out provisions of the United
States law. He said the governor Of
| New York is empowered to remove
officials who fail to support the
/ Federal Constitution.
The Federal prohibition office,
Jones explained, has between 200
and 300 special and general agents
concentrated in New York State.
Most of them are in New York city,
where the situation is regarded as
more serious than upstate.
Concentrate on Border.
Others are concentrated on the
northern border of New York, whsre
there has been considerable run
running.
New York City and the northern
border, the danger points. will get
most attention of the Federal pro-
hibition office after a close study
of the situation determines the
7 specific action to be taken. Heavily
armed agents are expected to be
tucEd11CO Tie OOIOC1 WI n t44S
anticipated harder fight against pro-
hibition.
Cafes in the Roaring Forties" OF
Broadway will come in for some
Federal agents.
Haynes Makes Statement.
In a formal statement Prohibition
Commissioner r. A. Haynes pointed
out the courts have held In Massa-
| 10 vz-k 80
| State codes exist, 1.-The restrictive
features of the old licenses laws are
still in effect"
This MEANS" Haynes said, if
anyone sells liquor without a license
he could be prosecuted under the
| old State laws. He cannot secure
a license to sell intoxicating liquor
under the Federal Constitution.
From the standpoint of prohi-
bition enforcement, of course, 1t is
to be regretted that New York, by
repeal of the Mullen Gage act, be-
comes the third State which will
have no enforcement code.
But it is not intended that there
shall he any let-down in the srG
cessful prosecution of enforcement
| in New York State. 1t only means
that the Federal organization in
| New York will have to assume a
| little more responsibility and in the
| largest measure provide Federal
| agencies to make up the loss of
whatever cooperation may have
been provided by the State authori-
| ties"
Haynes declared that while one
State has taken a backward step in
prohibition enforcement nineteen
| States have decidedly advanced
| legfsiation: Three others. he said,
are considering more drastic prohi-
| bition. laws.
The Federal prohibition unit has
sufficient funds to keep New York
dry" but at this time he WA9
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