Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-05-25

Crat, Utah. had offered a resolution
to direct the Senate Judiciary COM
mittee to determine whether the or
der is legal and Senator Wadsworth.
Republican, New York, had issued q
formal statement saying the order
would help to inform the public
about the extent to which the fed
eral government may go in search
of power over the states and their
subdivisions"
While Senators continued their
broadsides against the constitution
atty of the Presidents action. At
torney General Sargent handed down
an opinion declaring the order to be
legal, He said the Eighteenth
amendment contemplated concurrent
action by the nation and the states
in prohibition enforcement.
Mr.. Sargent's opinion was under
date of today and emphasized a
statement previously made by treas
ury officials that the attorney general
had not been consulted about the or
der either in advance of the signing
of it by President Coolidge on May
s or its promulga ton by the treasury
on May Fl.
Secretary Mellon emphasized that
enlistment of local police as prohi-
bition agents would be done only on
the request of state authorities and
with the consent of the individual Of
ticers involved He added that con-
sequently there was no intention OF
using the authority on a natipn-wide
scale.
Expressing surprise at the out
burst of criticism against the treas
ury plan, the secretary indicated
that r1fh1Y than haro StlIfnI n
troversy he would not have urged the
order in the first place. He added,
however, that since the present APP
plica ton of the order lis doing no
harm" he proposed to stand pat on
it.
Senator Robinson told the Senate
that he could find no authority for
the Presidents action, either in the
constitution or the Volstead act ana
he asserted that if the authority
vested by it was carried out confus-
ion would reign in prohibition en-
forcement.
Asserting that Congress had con-
ferred upon the commissioner of in
ternal revenue and the attorney gen.
eral sole authority to name enforce
ment agents, Senator Robinson de-
cIared it followed that ANY attempt
on the part of the President to APP
point such agents is essentially an
usurpatiOn of power"
This is the most far-reaching dis
regard of states rights within a CEN
tury,' the senator declared as he adj
verified to President Coolidge's adj
dress at Williamsburg, Va. on May
Is. In it he found a threat of federal
invasion OF state police functions If
state police allied to do their part.
Turning from a discussion of the
executive order. Senator Robinson
announced he was ready under pro-
per conditions and provisions to SUBJ
scribe to referendum" on the Vol
stead act. He added, however. that
he did not believe there had been any
breakdown in prohibition enforce
ment.
Il do not know that our constitu-
ton authorized referendum" Sem
ator Robinson added, but ! think 1t
would be helpful to have referen-
dunn on the question and that It
would aid congrcSS intelligently to
dispose Of the subject"
The Democratic leader. who said he
was speaking only for himself. ex-
pressed the opinion that in such a
national refendum five of six states
would vote wet by large majority
and that the other states would vote
dry by an equally overwhelming ma
jority.
In the South Representative Lin
thicum. Democrat. Maryland after
being blocked by Representative I'll
son. the Republican leader, in an eff
fort to discuss the new enforcement
move. finally got the floor, using
Biblical text regarding the plague OF
locusts. in assailing the order.
The Marylander declared that all
the nnMer in the mix ArSA" could not