San Antonio light. [volume] (San Antonio, Tex.) 1911-1993, 1923-04-29
USE Of NAVY
IN DRY WAR
UPTOHARD|NG
President viii Have to De-
eide Question Full Of
Possibilities.
PRECEDENT Is FOUND
Both Army and Navy Have
Been Used in Past in
Similar Cases.
PRECEDENT IS FOUND
Ry DAVID LAWRENCE.

Copyright by The San Antonio Light
Washington, ID. c., April rs
Shall the army of the United State!
as well as the navy be subject TO cal
for the enforcement of prohibition?
President Harding is wrestling al
the present moment with the lega
problem of whether he has the author
ity to order the navy into action to
stop rum running but already it is ap-
parent that whatever precedent is es.
tablished with respect to the use of
the navy may be equally applied to
the army on shore.
The President has found, of course,
that the coast guard and customs
service is unable 10 cope with the vio-
lations of federal law in the liquor
traffic and the Anti-Saloon League
and dry organizations generally have
been pressing the administration to go
the limit in using the full force Of the
United States government 10 see that
the statutes are upheld.
Presidents Ara Found.
Mr.. Harding has asked the Depart
ment of Justice to look up the prece-
dents-that is, whether money appro-
priated BY Congress ordinarily for mil
itary and naval defense can be utiliz-
ed to enforce civil and criminal laws.
The lawyers have found plenty OF
precedents with respect to the army,
as for instance, the sending of troops
to quell the liquor rebellion in
Pennsylvania in the early days Of the
American republic when the first rev.
enue laws were passed and there was
difficulty in collecting taxes. The
military forces have also been used
to enforce statutes relating TO re-
straint of interstate commerce, as for
instance in the shipments railway
strike q year ago. Every governor
has the right TO call upon the fed
eral government at any time TO fur
nish troops 10 uphold state government
and quell disturbances.
But the waters within the three-mile
limit do not belong 10 any particular
state and the question is whether
national emergency exists which per-
mits the navy TO be diverted from its
task of protecting the nation against
invasion into enforcement of domestic
laws. Broadly speaking, the navy can
be used in an emergency to put down
civil war and has been used in that
connection, so that il the emergency
were great enough there would be no
doubt OF the authority Of the executive
to order the navy into action. Sim
Harry If any huge plot to break down
the tariff wall and smuggle goods into
America were under way the navy
could be used to put down what would
be interpreted as rebellion against the
authority of the federal government.
The general impression IL that the
lawyers will find there is ample prece-
dent and will leave the question OF
whether it is wise to employ the navy
in prohibition enforcement entirely to
the executive himself to decide. 1t
will then become largely a matter Of
policy.
Would Give "wets" Ammunition.
Does the President wish to establish
a precedent with respect to prohibi-
ton enforcement which may compel
hi msome day with equal logic to order
out the army if any state Of the
Union fails to enforce the eighteenth
amendment? The "drys" have fire.
quently talked in insistent tones about
the need for the use OF the entire
army in order to make populous
state obey the federal constitution.
The spectacle Of the military establish
ment being used to put down liquor
vilations II is admitted. would give
the "wets" new ammunition with
which to appeal TO public sentiment
as the latter would naturally declare
that any laws which no not have suf-
ficient moral sentiment back Of them
to obtain respect without the use OF
the army and navy are wrong in prin-
ciple and that no other domestic laws
have needed such drastic measures.
The problem is full of political dan
eers whichever way it is solved. but
the best conjecture at the moment is
that the Department of Justice will
render the necessary legal opinion and
the American navy will before long
be engaged in prohibition enforce
ment.