Evening star., 1923-10-30
MELLON C|TESLAW
|NP|NCHOT REPLY
Denies Charges and Says
Governor Has Authority He
Demanded in Letter.

Powers which may be invoked by
the state authorities in improving
prohibition enforcement conditions in
Pennsylvania were cited by Secretary
Mellon in a letter, published today,
to Gov. Pinchot, in which he de-
clared the Pennsylvania executives
assertions that the Treasury was not
cooperating by every means to that
end were 'gratuitous and not found
ed in fact"
Replying categorically to Mr.. Pin
chots criticism of federal prohibit
tion enforcement in his letter to Mr..
Mellon Of Sunday. the Treasury head
declared in conclusion that it would
be more profitable to "expend en-
ergies' in an effort to ascertain the
real facts and better enforce the
law than in "unjustifed criticism"
Breweries and distilleries detected
in violation of the law are being
dealt with in strict accordance with
its provisions, Mr.. Mellon said in
citing the action taken in a number
of cases in Pennsylvania brought up
IN IN MIR; Pinchots letter. Before the
the question. Mr.. Mellon said. he had
ALREADY directed that a reSurvey Of
breweries and of the allowances of
alcohol for non-beverage purposes"
be made in that state.
Cites Pinchot's Authorities.
While stating that, as desired by
Mr.. Pinchot, he would authorize in
federal permits the inspection of dis
tilleries and breweries by the Penn
sylvania enforcement authorities, Mr..
Mellon in this connection called the
governors attention to the authority
for inquiry which you already have
under the laws of your own state"
Under this state authority, he said.
the means of obtaining search war
rants for such a purpose were more
readily available than under the fed
eral statute.
Before any question had been
raised by YOU" the letter continues.
81 had already directed that a re-
survey of breweries and of the allow
ances OF alcohol for non-beverage
purposes be made in the state Of
Pennsylvania, and you may be asSur-
ed that it is my purpose to do all that
1 can to enforce the law and faith
fully cooperate with you In that
undertaking in the state of Pennsyl-
vania- But l am, with great respect,
constrained to say that 1t would stand
all concerned in better stead IL ener-
gies were expended in a sincere ef-
fort, in the first place, to find what
the real facts are as to those who
are charged with the duty of enforce
ment. and, next. to enforce the law
as best we can, and, at the same time,
to recognize the futility Of unjusti-
fed criticism based upon an imper-
feet understanding of the facts"
Gov. Pinchots inquiry whether Sec
retary Mellon would authorize state
enforcement officers In Pennsylvania
to make inspections of distilieries
and breWeries was answered in the
affirmative by the Treasury head, who
assured the governor that he desired
to employ every means of bringing
closer cooperation between the fed
eral and state forces.
Says Authority Exists.
But in this connection" the letter
adds. II beg to call your attention to
the authority for inquiry which you
already have under the laws Of your
own state. Your attention is respect
fully called to section 8 of the Penn
sylvania act OF March q, 1928"
Referring further to the powers
which Mr.. Mellon believes the Penn
sylvan.a law accords the state ex-
ecutive, the Secretary asserts that
means of obtaining a search warrant
are much easier and that action can
be more quickly had under the Penn
sylvania code than under the Volstead
act. Any officer of the state. from a
justice of the peace up. has the pow
er to approve search warrant, Mr..
Mellon says, while federal agents in
obtaining a search warrant must de-
pend upon a single United States
commissioner in such district Such
condition makes for difficulty in
carrying out enforcement by federal
officers. the letter points out.
the laws Of your state available to
you," Mr.. Mellon says. but under
section 20 of title of the Volstead
act the power to abate nuisances and
to issue injunctions preventing their
continuance lies as well to the courts
vania as to the United States courts.
They are open and accessible to you
at all times and may be invoked at
any time by the prohibition enforce
ment officers Of your state and. as
previously stated, are often more
readily available through local proc
esses of search warrant through the
state authorities than they are to
the authorities OF this department"
Declares Regulations Ample.
Mr.. Mellon declares that tho 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. Such
cases Of weaknesses in the regula-
tions as have been brought to light.
the Secretary says, have resulted in
revisions intended to strengthen the
code. He adds that where there has
been violation ut IL because Of tho
fact that this department, like the
state Of Pennsylvania, Ia unable to
ferret out and punish all infractions
of the law and regulations"
Turning to specific instances in
which Mr.. Pinchot alleges violation
of law by Pennsylvania concerns, Mr..
Mellon declares that all three named,
the Anthracite Brewing Company,
Mount Carmel; Flock Brewing Com
pany, Wiliiamsport, and Fink Brew
ing Company, Harrisburg. have been
dealt with under the law and reguia-
tions. The first named paid $4,000
in compromise settlement, the Flock
company paid $7.902 in settlement Of
civil liability. and tho Harrisburg
firm paid a compromise penalty OF
S39, 900, according to the letter. New
permits were not issued, Mr.. Mellon
says, until more than a year after
each concern had been cited, as re-
quired by the Volstead act.
Concerning the question az to what
was to be done with respect to five
other firms, Mr.. Melons reply says
that In each instance citation has
been issued and revocation proceed
ings are pending or the administra-