Evening star., 1926-05-25
Will Stand by Decision Unless.
1t Proves Oppressive,
Spokesman Asserts.
INTENTION TO USURP
STATES RIGHTS DENIED
Executive Fully Acquainted With
Legality of Ruling Before
It Was Issued.

eral oHicSrS IN the endorsement VI
prohibition. unless it becomes appar-
ent that this order is oppressive to
the people.
This impression of the President
attitude regarding the order. which
has caused something of a furore
throughout the country since its issu'
ance last week. was gained during the
Presidents discussion Of the subject
with newspaper men at the White
House today. He was represented as
contending that the Federal Govern
ment has no intention to usurp the
State and municipal authority, nor
does he consider the provisions of this
order as being in any way contrary
to the principles of States rights.
Knew Ruling Legal.
AS to the legal aspect of the order.
the President was represented as say
ing that this matter was carefully
studied by the legal department OF the
Treasury Department and later by
the Civil Service Commission. and
finally by the Attorney General of the
United States. The President gave the
impression that from his study of the
reaction on this executive order he is
satisfied in his mind that the order is
legally sound; that the civil service
laws are not being violated and that
the sovereignty of the States is not
being invaded, but that 1t is more
question of whether or not it is op-
pressive or Objectionable to the coun-
try at large.
II the President becomes convinced
that this order is oppressive and ex
tremely distasteful. he naturally will
,k e.
during his explanation of what led up
to the issuance of the order and
what he gave as his Interpretation Of
its meaning. he did not indicate In
any way that because Of the abun-
dance Of criticism and disapproval
that has manifested itself since the
order was issued he Is now contem
plating resembling the order.
It was explained that when the
question Of issuing this order was
brought to the Presidents attention
1t was recalled that in 1873 President
Grant issued an order stating that as
a general rule 1t was indavisable for
those holding State and municipal
offices to hold offices in the Federal
Government.
Exception Later Made.
Afterward President Grant. it was
explained to the Presidect, excepte6
county sheriffs in ords> that they
might serve as United States mar
shals, but this had TO be modified be-
cause of attendant complications
With this, however, as basis. Gen.
Andrews, Assistant Secretary of the
Treasury, who is personally in charge
of prohibition enforcement. deter
mined that there was sufficient au-
thority of law to appoint State and
municipal officers, and the matter,
after being studied by his legal ad-
visers, was brought to the President
for approval.
1t was pointed out to the President
at the time that the only purpose
contemplated was to appoint some of
the officers of California as prohibition
officers to assist in the enforcement OF
the dry law in that State.
The President was further repre-
sented as saying that he does not con-
slider the order an invasion OF State
sovereignty, about which so much
has been said by those voicing dis
approval Of the order, inasmuch as
the States themselves have not only
invited concurrent jurisdiction in the
enforcement of the prohibition law,
but that they have demanded 1t.
Also, the President was represented
as having pointed out. in relation to
the legal aspect involved. inasmuch
as the States have invited the Fed
eral Government to come within their
sovereignty, the Federal Government
could not be accused of tresrassing
upon such sovereignty.
States Held Aided.
Furthermore, the President Is OF
the opinion that the States have been
aided considerably by the Federal
Government in this respect, because
the latter is aiming to choose persons
within their respective States who
have already been so designated by
the States. The President is said to
have explained that the administra-
ton has not contemplated sending
these State officers all over the coun-
try in pursuit Of the enforcement Of
the prohibition law as Federal Off
GERS. These local authorities, when
invested with the Federal authority
as contemplated by the order. are, &C.
cording to the Presidents spokesman,
to operate exclusively within their
own States.
In making these explanations of
what is contemplated by the admin
istration and of his Interpretation OF
the extent of Federal jurisdiction, the
Presidents spokesman pointed out
that this was prompted by the false
impression of the purpose of the order
that apparently prevails throughout
the country. The administration SEES
no reason for the Nation becoming
unnecessarily disturbed or fearful O.
results.
Sees Better Enforcement. {
The Executive is Of the opinion
that the enforcement Of prohibition
probably can be made more effective
BY better cooperation by Federal and
state authorities. AS for the ques-
ton raised as to the dividing line be-
tween Federal and State jurisdiction
in the matter of enforcement of pro-
hibition, the President contends that
it is defined by the statutes of the
Federal Government and by the State
governments, supplemented by work.
Ing agreement between the two.
While the Presidents views were
being set forth at the White House.
there was an echo Of the controversy
at the Capitol.
Representative Hill. Republican, of
Maryland. leader of the House vets.
r,crt;r,,ed on o, - Cci,,,nm kI