Evening star., 1923-09-14
DAUGHERTy RULING
SPURS DRY FORCES
IN RUM SHIP WAR
Prohibition, Customs and
Coast Guard Gird to
Tackle Job Alone.

catching the elusive bootlegger, other
branches of the government concerned
set their jaws and determined to warm
up the trail, and spend even more
energy in running him to his lair. Pro-
hibition, customs and coast guard VIII
pep up," following the ruling of At
torney General Daugherty yesterday
that the Navy could not be used to
enforce prohibition.
Although there was no denying that
the Navy would have become terror
had it's great force been unleashed,
there was no despair today among gov
ernment officials on account of the At
torney Generals opinion that the Navy
could not be so used without the orders
of Congress. or in an emergency.
Maintaining their official COM
posure in awaiting orders for duty,
Navy circles. Naval officers them
selves, II was said, would not admit
having discussed at length the posi-
bility of having to chase bootleggers.
They admitted that had the Navy
been ordered out, it would have made
things warm for the rum runners.
But, since the decision had relieved
the Navy of further responsibility,
for the nonce. at least, 1t was ad-
n1itted in Navy circles that to have
, the Illicit purveyor of contraband
drinkables, would have been to d.
vert it.-from its principal duty. 1t
would have shunted the Navy off
from the functions for which it was
designed.
Would Have Cut Pride.
IT was strongly intimated, more
over, among those close to the Navy
hat to chase bootleggers would really
have cut the pride of the service.
The prohibition unit admittedly is
disappointed at the decision. There
had been a hope on the part of dry
officials that the Attorney General
would hand down a general decision
on smuggling, enabling the President
to call into action any arm of the
government service to prevent SNUG
Cling, not only of liquor, but of
aliens, narcotics and other contraband.
Already plans are under way to
drive against the smuggling evil with
more force than ever. In fact, il
was learned today that part of Pro-
hibition Commissioner Haynes re-
quest for an additional million dol
lars TOT 1870 enforcement OIL DrOllDl-
tion is for boats.
The commissioner has hopes that
he may get substantial additional
funds to man and equip additional
speed boats to add to the dry
mosquito fleet of prohibition unit and
coast guard boats.
Funds in Doubt.
There is some doubt about the COM
missioner getting any more money.
| The policy of economy and efficiency
of the administration has called for
cut instead of an Increase in the
estimates for 1925. Commissioner
| has been pared to some degree by
the bureau of the budget, it was
! learned today.
However, Mr.. Haynes will be given
the opportunity TO appear before the
| budget and go to bat for his extra
| to explain the expenditures of his en-
| tire service, it was learned, and the
! absolute necessity for that extra mill
1 lion dollars. If he can prove the ne
! cessity, it was learned today, there
! may be some consideration granted by
/ the bureau of the budget This
! chance, however, is slim.
/ The coast guard, which. in addition
/ to all it's other duties, was recently
/ called into service with the prohi-
bition unit, will continue with un-
! abated energy, it was officially an
nounced today With the funds at
hand it will even increase its zeal.
| Coast Guard Makes Good.
| That coast guard outfit has in real
/ ity been bringing results to an eX-
tent unknown to the general public.
Its numerous speedy small boats ply
| in and out and around the coves of
the American shore. The coast guard
boys, who are sailors par excellence,
1 although called upon to do job
lsomewhat out of their line, have made
good with a bang, according to all
/ officials in close touch with their
! work And they may be depended on
| The customs service, which under
the law has a responsibility against
contraband anyway, may be expected
| Another feature which officials
charged with administration of the
, Eolstead act believe Will facilitate
1.-The continued drive against the snug
gler is the fact that in the recent re-
organization of the Treasury Depart
ment all those branches of the Treas
ury having to do with prohibition
enforcement were placed under direc-
ton of one assistant secretary. For
merly they were under different ones.
Closer Cooperation Seen.
The prohibition unit, the customs
and the coast guard are now all un-
der direction of Assistant Secretary
of the Treasury Mckenzie Moss. This
allows of closer cooperation:
How far this cooperation has been
not Come to light. With the Navy out OF
the way, it may be increased.
Smuggling. Prohibition Commits
sioner Haynes said today, is not SO
bad as it was; There here has s,nee been an an
notorious days when the rum fleets
hoyered off New York and off Nor
folk. Va. Opponents of the dry regime
ido not agree with this view.
Delivering to President Coolidge
formal opinion, asked last spring by
the late President Harding, Attorney
General Daugherty held that the naval
establishment could be used as an
enforcement agency only by special
| authorization from Congress, or in
an emergency which made civil pro-
LOSSES impotent. At the present time,
he declared further, there is no such
national emergency in the situation
calling for the employment of war
ships to make the dry laws effective.
/ Two questions were submitted
! originally by President Harding
! whether the executive had power to
| use the naval forces In enforcing pro-
| hibition in the absence of an emer-
| gency and, if this was unlawful,
| whether an emergency existed au-
! thorizing their use. Both questions
| were answered in the negative by
| Mr.. Daugherty, who cited several
| laws and Supreme Court decisions as
| precedents.
"I am of the opinion" he said. that
| you have no authority to use the
| naval forces in the enforcement of
| the national prohibition act when no
/ emergency exists"
| Declaring there was no emergency
| Justifying a call upon the Navy, the
| Opinion said: