Evening star., 1923-06-12
Expected to Make Recon-
mendation to Congress
to End Controversies.
DECISION TO USED ARMED
FORCES LOOKED FOR SOON
Department of Justice Finds Only
Two Precedents to Employ
Army and Navy.

Congress may be asked by Presi-
dent Harding to modify the Volstead
act SO as to do away with the contro-
versies now arising over carrying of
liquor aboard foreign ships within the
three-mile limit over which the
United Staes claims jurisdiction, it
was indicated by spokesman for
the President today.
President Harding. it was said, is
convinced that the government must
enforce the prohibition law as now
written and interpreted by the Su-
preme Court of the United States:
that 1t is not the province of the
executive branch of the government
to set aside laws of Congress-
Unforeseen Problems.
But the President does not be-
iieve that Congress. in passing the
Nolstead act, intended the govern
ment should be confronted with the
problems il now faces in connection
with the carrying of liquor by foreign
depreciation of the yolstead act
And that belief. it is said. will lead
to recommendation when Congress-
assemblies in December for a modifi-
cation of the law. At present II is
the intention of the government to
go ahead and enforce the regula-
tions laid down by the Treasury De-
partment in regard to liquor aboard
foreign vessels within American
waters.
The conference of governors of
states on prohibition enforcement
which the President had expected to
hold In Washington prior to his trip
to Alaska, is totbe postponed. 1t was
announced today at the White House.
until after the return of the Preside ent
to the Capital 1t is the purpose of
the PRESIDENT, however, to go through
with this conference when he does
return and to seek the best methods
OF cooperation on the part of the
states and the federal government for
prohibition enforcement.
several reasons have contributed
frst. TO delay the proposed confer
ence. and finally to cause its post
ponement. II was said. Some of the
| legislatures underway or pending in
recent weeks and desired a later
date for the conference. Also the
president was not in a position to
lay before the governors just what
agencies of the federal government
could be used to aid in prohibition
enforcement. In this connection. the
President had in mind the propose
that the Army and Navy be used to
help with the enforcement. The De-
partment of Justice has been called
upon to say whether the armed
/ forces of the United States could he
so used. But so far the President
las had no report on the matter
from the Attorney General.
Await Armed Force Decision.
The opinion of the Department n,
Justice in regard to the use of tbs
armed forces in prohibition enforce.
ment may be transmitted TO the Pres.
ident, however, before the Presiden,
starts on his western trip. it was
said at the Department of Justice
Attorney General Daugherty is said
to be working on the problem at his
home in Columbus. Assistant Attor.
ney General Willebrant, in charge O,
prohibition questions, hopes to make
report to Mr.. Daugherty on the
question of the use of armed forces
within a few days.
The indications from a preliminary
study by the Department of Justice
officials are that IL will he held the
armed forces cannot under the law
be used to enforce the prohibition
law
Search for precedents has resulted in
uncovering only two which directly
provide for the use of the Army and
Navy in enforcing federal or state
statutes. One of these was in 1908
when Congress authorized the Presi-
dent to use the military forces to
enforce federal law prohibiting i'm
portation or expectation of slaves.
The other was in 1861. when some
| southern communities refused to pay
foIa tox nd hn pr-ag ri rI-Q G
empowered by special statute to use
| the Navy in collecting them.
1t was pointed out. however. that
| IL the coast guard were expanded
through increased appropriations ii
could be used effectively to do the
very work which the Navy might
be called upon to perform in deal
| ing with rum runners.
No matter what the law now is, If
| Congress at it's next session decides
that the Army and Navy should be
used to enforce the prohibition act
the armed forces. of course, would
he available