Evening star., 1923-03-18
No Authority TO Withdraw.

-
Officials at the prohibition bureau
here said yesterday that Chief Miller
| Of the prohibition forces at Louisville
! had no authority to withdraw his
agents from Kentucky and that no
such authority was likely 10 be given
| him.
Such Il shift of forces. i, was de-
clared, could be made only on or
ders from Washington. The prohiBt-
! tion officials here manifeStIy were
against search of automobiles. bur
| they said they would make the best
Of 1t unless the opinion was reversed
by higher tribunal and had no
| thought of letting the incident in =
| terfere with their enforcement of the
law by all practicable means
The question of the right to search
automobiles in the enforcement Of
prohibition eventually must he de
| cided by the Supreme Court. legal
/ officials Of headquarters here said, but
they We're not able to say whether
| the decision of Judge Evans would
, lie made the test case. y preliminary
! report of the decision was received
/ by Acting Commissioner Jones. who
| immediately sent for a complete copy
! ana a detailed report Of the facts
! involved.
Full Effect Uncertain.
; The full effect of the decision. even
as 1t affects prohibition enforce me Mt
| in the Kentucky jurisdiction, cannot
/ be gauged, officials said, until COM
| plete Information IS received They
said the case. depending upon the
! factS. might prove of minor effect on
! future enforcement of the prohibition
act. The facts might justly the de-
ctsion. officials said. explaining that
prohibition agents were without au-
thority to detain and search motorists
without reasonable" grounds for
suspicion. Agents are not justified,
! officials said, in making indiscriminate
detentions and searches Of auto
/ mobiles
! The decision Of Judge Evans is said.
| however, to be the second direct
! ruling by a federal court since the
enactment of the Nolstead law ques-
/ tionlnG the right to search automo-
blles without search warrants. In
| California recently the power of fed
| eral agents to arrest motorists and
make searches when based upon
Ire hreasonanie cause was sustained;
| from Georgia federal court
J The adverse ruling of Judge Evans,
! il was said, undoubtedly would be
! appealed if officials of the Depart
ment of Justice and the prohibition
! office finally are convinced that it
! strikes seriously at enforcement Of
! the law. If federal agents connot
! search automobiles upon "reaSona BILE
cause" for suspicion, officials de-
! clare, enforcement work would be
| seriously hampered and rum rum
ners" with high-powered cars made
virtually immune.
| In Congress the question of requir-
| ing search warrants for automobile
| inspection has been fought out fire.
| quently, with the prohibition forces
! able so far to block all efforts to
write into the law a requirement for
! search warrants, advocated by Sena-
tor Shields. democrat, Tennessee, and
| others. The present practice OF
| searching automobiles without war
| rants. officials explained. is based on
! the common law, supplemented by
| specific provisions of the Volstead
I law. The right TO search personal
! property follows the right to arrest.
! il is argued, the authorities holding
! that there is as much right and rea-
| son for searching the pockets of those
| arrested as their automobiles.