The Record-courier. [volume] (Gardnerville, Nev.) 1904-current, 1923-11-16
DRY CONFERENCE
AT CARSON WAS
ABIT TORRID
County Officials Give
Views on Methods
of Enforcing
Dry Law

WHEN Tie Stdte-Wlue conference
called by Gov. Scrugham for the pur.
pose of discussing law enforcement,
adjourned Monday afternoon, repre-
sentatives of every county in the
state but themselves on record as
favorable to the enforcement of the
eighteenth amendment and the Vol.
stead act but the modus operand
was left undetermined, reports the
Reno Gazette.
Symposium On Law
Although the meeting had for Its
object, as explained by the governor
consideration of the ever-growine
drug evil as we'll as the whiskey
traffic, the former was dismissed
with brief discussion and the par
ley resolved itself into a Symposium
on legal limitations In connection
with liquor law procedure, punctuat-
ed from time to time by animated
expressions as to cooperation be-
tween state and federal authorities
Dlskln Says Leave 1t To Court
Attorney General NJ. A. Diskin, who
was the last to speak, told his audi
tors that the question of procedure
arising before the conference, were
matters for the courts to decide. II
has been suggested that the nuisance
laws of the state be resorted to with
abatement as the weapon with which
to wage war on the bootleggers; al
SO, II had been stated that constitu-
tional authorization provided con-
current powers of state and nation
for the enforcement Of federal laws.
Mr.. Diskin said that independent
soverignties might preclude trial OF
federal matters in state courts but
he said 1t would be wise perhaps, to
obtain judicial construction of these
questions. The suggestion was also
made that state prosecutions could
be predicated upon liquor license
law and some of The speakers ex-
pressed doubt as to the soundness of
this statute in view of the effect up
on the state laws of the eighteenth
Search and Seizure Discussed
Major Frank Ebberts. Pacific Coast
counsel for the Anti-Saloon League
a lively discussion by
his interpretations of the authorities
on search and seizure and as it pro-
gressed Maj. Ebberts arose and said
that the confrees apparently had
been laboring under misapprehen.
sion Some of those in attendance
had Understood him, to say that ar
officer would be within his rights
If. upon mere suspicion. he entered
the premises OF the party suspected
or stopped and searched his auto
mobile without search warrants.
Maj. Ebberts explained that what
he intended to convey was that Il
an officer had in his possession evi.
dence or facts upon which a search
warrant could be based could, when
occasions arose in which 1t would
be impossible to- obtain search
Prosecutors Voice Objections
Maj. Ebberts also directed atten-
tion to the fact that federal courts
will not inquire into the method OF
procuring evidence if such evidence
is obtained by officers other than
federal officers without the conniv-
ance or knowledge of the federal Of
ficers. The suggestion, thus implied
that raids may be conducted by state
officers for the purpose of obtaining
evidence for use in the federal court
because the method invoked would
not be called into question by Unit
cd States trial judges, brought forth
a storm of protest from some of the
prosecutors. AS an example of the
unpopularity of the suggestion with
the district attorneys present, L. ID.
Summerfield, district attorney of Wa
shoe county, in discussing it, said:
Radical Procedure, He Said
1T seems to me 1t is rather radi-
cal to advise state officers to pro-
coed with something for the benefit
of the federal officials that would
not be tolerated in federal pro-
cedure."
Some of the district attorneys stat
ed emphatically that they would not
advise their sheriffs to break down
doors or stop and search automo-
biles unless they were armed with
search warrants predicated upon a
proper showing of facts.
Meeting Stormy Throughout
Sharp tits between some of the
state officers and United States Dis
trict Attorney Springmeyer who en-
livened the meeting at its outset by
accusing some of the county officials
of giving comfort to the lawless ele-
ment through indifference or by act
ual acts of sympathy, continued
throughout the meeting. Some oi
the county prosecutors attempted to
rebuke the federal attorney for what
they termed a breach of confidence
in making public letter received al
the United Statees attorneys office
from District Attorney Boyle oi
Storey county in which the latter
requested that prohibition officers bt
assigned to duties elsewhere during
the progress of the Labor Day cele
bration at Virginia City.
Nothing Confidential, He Says
Springmeyer replied that the rec
ords of his office were public record:
and no official communication:
would be viewed by him as confiden
tial light unless some good purpose
would be served thereby.
"Supposing." said Springmeyer, -
should receive letter marked con
fidential revealing plot to assassi
nate the president of the United
States, would II be wise for me t.
say nothing about it? Perhaps Mr.
Summerfield would keep 1t quiet
but | wouldn't.
The Washoe county district attorn
ey was on his feet Immediately ant
vigorously protested against Mr.
Springmeyer's reference to him II
that connection, whereupon Spring
,.,ovor soid ha did mot iptpnd an,