The Birmingham age-herald., 1923-10-30
SAYS GOVERNOR'S
 REBUkE U N ] J q.
Declares Everything Possible Is Being Done Toward Dry
 Enforcement


 Pinchot Of Pennsylvania is advised in letter sent him tonight by Sec retary Mellon that the treasury is in voking every available means for prohibition enforcement and that statements to the contrary by the governor in a letter addressed yes terda- tC MT. Mellon are "gratuitous and not founded in fact"
 MT. Melons reply, which took up in detail the points raised by the Pennsylvania governor suggested in conclusion that it would be better to expend energy on ascertaining facts and actually enforcing the law than in the promotion of "un5ustified criticism" He. informed the gover- nor further that fit ought to be clear to you that you could not be less de- sirous that the prohibition laws be enforced In Pennsylvania than in any other state or section Of the nation" Before any question has been raised by you" the letter continues T had already directed that a resur- vey of breweries and of the allow snces of alcohol for non~ beverage purposes be made in the state of Pennsylvania and you may be as- sured that it is my purpose to do all that l can to enforce the law and faithfully cooperate with you in that undertaking in the state If Pennsylvania. But I am with great respect constrained that it would stand all concerned in better stead if energies were expended in a sim cere effort in the first place to find what the real facts are as to those who are charged with the duty of en- forcement and next to enforce the law as best we can, and, at the same time, to recognize the futility of un- justified criticism based upon an im- perfect understanding of the facts"
 I 0
 Answered In Affirmative.
 Governor PinchGt's inquiry as to whether Secretary Mellon would au- thorize state enforcement officers in Pennsylvania to make inspections of distilleries and breweries was an- swered in the affirmative by the treasury head who assured the gov ernor that he desired6 to employ ev- cry means of bringing about closer cooperation between the federal and state forces.
 But in this connection" the let ter adds, "I beg to call your atten- ton to the authority for inquiry which you already have under the laws of your own state. Your at tention is respectfully called to Sec tion of the Pennsylvania act Cf March 27, 1923"
 Referring further to the powers which Mir Mellon believes the Penn sylvania law accordS the state ex- ecutive, the Secretary asserted that means of obtaining @ search war rant were easier and that action can be more quickly had under the Pennsylvania code than under the Volstead act.
 Any officer of the state from a justice of the peace up has power to approve a search warrant, MT. Melldn says, while federal agents Tn obtaining a search warrant must de- pend upon single United states commissioner in each district. Such a condition makes for difficulty in carrying out enforcement by federal officers, the letter points out.
 Not only are these provisions of the laws of your state available to you" Mir Mellon says, "bnt under Section 22 of Title 2 of the Volstead act, the power to abate nuisances and to issue injunctions preventing their continuance lies as well to the courts of the commonwealth of Penn sylvania as to the United States courts. They are open and accessi- ble to you at all times and may be invoked at any time by the prohibl- tion enforcement officers Of your state, and, as previously stated, are often more readily available through local processes of search warrant through the state authorities than they are to the authorities of this department"
 Nothing Constr1cffve Offered.
 MT, Mellon declared that he de- partmental regulations respecting alcohol are ample and that the criti- cisms directed at them by the Penn sylvania governor do not appear to offer anything constructive. Sucn cases of weaknesses in the regula' tions as have been brought to light the Secretary says, have resulted IT revisions intended to strengthen the code. He adds that where there has been violation it is because of the fact that this department, like the state of Pennsylvania, is unable te ferret out and punish all infraction; of the law and regulations.
 Turning to specific instances IT which MT. Pinchot alleged violation Mir. Mellon declares that all three named have been dealt with under the law and regulations. New per mits were not issued, MT. Mellon says until more than a year after eacf concern had been cited, as required by the Volstead act.
 Concerning the question as to wha' was to be done with respect to 1lv' other firms, MT. Melons reply say: that in each instance citation hal been issued and revocation proceed ings are pending or the adm1nistra tive machinery Is in motion for tha' purpose.
 Investigations into all of these are cited by the Secretary as Tn stances where federal agents worked with state officers instead of handi capping state efforts at enforcement as Mir. Pinchot asserted in his letter had occurred in some Pennsylvania proceedings.
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