Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-05-01
PRECEDENT SOUGHT
FOR USING Of NAVY
To END RUM FLEET
Political Dangers to PreSi-
dent Mark Plan to Use
Federal Forces for Law
Enforcement
BY DAVID LAWRENCE
Geased Wire Service to The Journal.)
fConvriobt 1909


WASHINGTON, April 2S.-Shal
the army of the United States as
well as the navy be subject to cal
for the enforcement of prohibition
President Harding is wrestling al
the moment with the legal problem
of whether he has the authority tc
order the navy into action to STOP
rum running, but already it is -ap
parent that Whatever precedent is
established 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 to cope with the
violations of federal law in the
LIQUOR traffic, and the Anti-Saloon
league and dry organizations gener'
ally have been pressing the admin
istration to go the limit in using
the full force of the United States
government to see that the statutes
are upheld.
Mr.. Harding has asked the depart
ment Of justice to look up the
recedents-that is, whether money
appropriated by congress originally
for military and naval defense can
be utilized to enforce civil and Grim.
ina1 laws.
The lawyers have found plenty
of precedents with respect to the
army, as for instance the sending
of troops to quell Shea's liquor re-
beIlion in Pennsylvania in the early
days of the American republic when
the first revenue laws were passed
and there was difficulty in collect.
ing taxes.
Rights of Governors
The military forces also have been
used to effect statutes relating to
restraint of interstate commerce as
for instance in the shipments rail
way strike a year ago.
Every governor has the right to
call upon the federal government
at any time to furnish troops to up
hold state government and quell dis
turbance.
But the waters within the three
mile limit do not belong to any par
ticular state and the question is
whether a national emergency ex-
lists which permits the navy to be
diverted from it's task of protecting
the nation against foreign invasion,
into enforcement of domestic laws.
Broadly speaking, the navy can
De used in an emergency to put
down civil war. and has been used
in that connection, so that if the
emergency were great enough there
(. would be no doubt of the power OF
executive to order the navy into
action.
Similarly, 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 rebel,
lion against the authority of the
federal government.
The general impression is that
the lawyers will find there is ample
precedent, and will leave the ques'
ton 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 mat
ter of policy.
Does the president wish to estab-
lish precedent with respect to pro.
hibition enforcement which may
compel him some day with equal
logic to order out the army if any
state of the union fails to enforce
the eighteenth amendment?
Dangerous Problem
The "drys" have frequently talked
in insistent tones about the need for
the use of the entire army if neces-
sary to make a populous state obey
the federal constitution. The spec
tacle of the military establishment
being used, to put down liquor vio-
1ations it is admitted would give
the "wets" new ammunition with
which to- appeal to public sentiment
as the latter would naturally de
clare that any laws which do no
have sufficient moral sentiment bacI
of them to obtain. respect withou
the use of the army and navy are
wrong in principle, and that AZ
other domestic laws have needed
such drastic measures.
The problem is full Of politica
dangers whichever way it is solved
but the best conjecture at the mo
ment is that the department of jus
tice will render the necessary lega
opinion and the American navy will
before long be engaged in prohibi
ton enforcement