The Omaha morning bee. [volume] (Omaha [Neb.]) 1922-1927, 1923-06-12
Usefof Navy
iinRurnW :
Forb;.s<sss'n
Attorney finds EN-
ployment OF armed Force
to Enforce Volstead Act
Denied by Law.
Harding Asked Ruling
BY Universal Service.

Washington, June 11.-President
Harding will be informed by Attorney
General Daugherty within the next
few days that he cannot legally en-
ploy the army or navy in the enforce
ment of the Nolstead act, it was
learned today.
Suggestions made to the executive
that he use the armed forces of the
United States to enforce the prohibit
tion law caused him to ask the de-
partment of justice for an opinion as
to the legality of such a step, and
Assistant Attorney General Willie
brandt was directed by Mr.. Daugh-
erty to make the necessary re
searches. The preliminary investiga-
tions conducted by Mrs. Willebrandt
have about convinced her that sol
diers and sailors cannot be employed
as prohibition enforcement agents.
Law of 1878 Cited.
A law passed by congress in 1878
Is expected to figure in the opinion.
This law. never repealed. says that
the military forces of the United
States cannot be employed az a
posse comitatus on and after the pas
sage of this act"
The power of calling on all citizens
to act in such capacity is vested
in all local police officials. 1t is
stated Any sheriff or policeman in
need of assistance to preserve order
or enforce the law may call upon by
ISLANDERS for the necessary help. This
is admitted by experts Of the depart
ment of justice who point out, how
ever. that the sheriff or other official
is forbidden by the act of 1873 TO call
upon the army or navy for help.
Treasury Stands Pat.
Washington, June Il. - The treas
ury will stand pat in its determina-
tion to enforce rigidly the supreme
court decision barring beverage liquor
from territorial waters Of the United
States. 1t so informed customs Off
GERS in new instructions tonight and
issued an official declaration that
further misunderstanding with for.
eign governments may be avoided.
The French government, through
its embassy here, had suggested to
the treasury that each member Of the
crew of the liner France. in New
York harbor. should be allowed to
have his wine ration OF onehaf a
liter a day. as required by the French
law, inasmuch as the ship had left her
home port prior to June 10, the effec-
tive date OF The regulations. En-
bassy officials took the position,
treasury officials said, that after the
liquor stores of vessels had been
sealed by customs authorities. the
former practice of opening the stores
for issuance of the wine rations
should be followed on this trip.
Little Trouble Expected.
Most treasury officials tonight were
inclined to the view that the difficult
ties viii "blow over" and that here
after general compliance by the for
eign ships with the law may be ex-
pected. There were some. however.
who felt that possibly legal proceed
ings might be attempted by some for
eign shipping companies, because.
they said. there was a question as to
whether a ship actually could be held
10 be in American territory.
Treasury officials declined To dis
euss published reports that some for
eign ships. now in American waters,
were supplying their crews with
liquor rations No official report.
they said. has been received.