Evening star., 1923-06-25

largely due to a misconceived no.
tion. too widely entertained, that
the federal government has actu-
ally taken over the real RESPONSE
bility., The fact is quite the con-
trary. The federal government Is
not equipped with the instrument
talities to make enforcement local
ly effective. 1t does not maintain
either a police or judicial estab-
lishment adequate to or designed
for such a task. If the burden or
enforcement shall continue to be
increasingly thrown upon the fed
eral government. it will be. neces-
sary. at large expense, to create a
federal police authority which in
time will inevitably come to be
regarded as an intrusion upon and
interference with the right of local
authority to manage local con-
Germs. The possibilities of disaster
In such a situation hardly need to
be suggested. Yet is is something
that we must recognize as among
the menaces In this situation.
State Enforcement Vital.
The federal government ought to
perform. In connection with the
enforcement of this policy. those
functions which are obviously
within its proper province. These
are compliance in all its aspects
as II relates to international COM
merce. the importation and ex-
portation of liquors, the collection
of federal revenue, the prevention
OF smuggling, and in general the
enforcement of the law. within the
proper realm of federal authority
But the business OF local enforce-
ment. by states and cities, ought
to be in the hands of the state and
local authorities, and it should be
executed in all sincerity and good
faith, as other laws are presumed
to be executed.
What / am saying must not be
construed as indicating any re-
Taxation of the national govern
ments purpose to do it's full duty
in this matter. | have no doubt
that IL the burden is cast. in undue
proportion. upon the national au-
thority the federal government
will. not only under this admins
tration but under whatever others
may come in the future. assume
and discharge the full obligation.
But l am pointing out that this
ought not to be made necessary.
The national policy ought to be
supported by the public opinion
and the administrative machinery
of the whole country. For myself,
l am confident that we are passing
now through the most difficult
stage of this matter, and that as
time passes there will be a more
and more willing acceptance by
authorities everywhere of the un-
alterable obligation of law en-
forcement. The country and the
nation will not permit the law of
the land to be made byword.
Question Larger.
The issue is fast coming to be
hn-
tween vets and drys. not ques-
ton between those who believe in
prohibition and those who do not,
not contention between those
who want to drink and those who
do not; II is fast being raised
above all that. to recognition as
an issue of whether the laws Of
this country can be and will be
enforced. So far as the federal
government Is concerned. and am
very sure also, so far as concerns
the very great majority of the
state governments and the local
governments. 1t will be enforced
A gratifying. indeed it may fairly
be said an amazing, progress has
been made in the last few years
toward better enforcement.
1t is curious illustration of
loose thinking, that some people
have proposed. Is means to pro-
tectinS the fullest rights of the
states. that the states should
abandon their part in enforcing
the prohibitory policy. That means
simply an invitation to the federal
government to exercise powers
which should be exercised by the
states. Instead OF being an asser-
tion of state rights. 1t is an aban-
donment of them; Ii Is an abdica-
ton; ii amounts to confession
by the state that IL doesn't choose
to govern itself but prefers to
turn the task, or a considerable
part of 1T. over to the federal au-
thority. There could be no more
complete negation of state rights
Policy Dangerous.
The national government has
been uniformly considerate Of the
sensibilities of the states about
their rights and authorities. But
when state deliberately refuses
to exercise the powers which the
Constitution expressly confers on
II. it obviously commits itself to a
policy of nullifying state author
ity, the end of which We are reluc-
tant TO conjecture.
The policy OF notification has
never appealed strongly to the
American people. There are some