Evening star., 1926-05-25
BACKGROUND OF EVENTS
BY PAUL Y. COLLINS.

The decree" of President Coolidge.
alleged to draft 10000 State officers
into Federal service for the enforce
ment of the prohibition law" has oc'
casioned more discussion in Congress
and elsewhere than any executive act
in many months.
The main weakness in the oppo'
sition Is now declared by supporters
Of prohibition to be that no such
draft" order has been issued: Tney
cont end that the criticisms aimed al
what does not exist. and never mas
exist ed, are simply propaganda or the
"wets'' and of partisan opponents oi
the administration.
President CoOlidge's executive order
,s not mandatory draft" but is
merely permissive. 1t authorizes the
Treasury Department, through ITS
Assistant Secretary. Gen. Lincoln T.
Andrews. to employ state officers, IN
case they are individually approved
and are willing to serve. and are IN
State where no law prevents theif
serving. There is no compuiSiOn
either upon the Federal officers or tine
state officials. 1t expressly exempts
all States whose laws forbid state
officials from serving as Federal OIL
ficers. ;,
interviews with Gen. Andrews in
dictate that there is no present inten.
tion to apply the order outsioe Oh
California, although the order gives
no such restricted view. 1t reads as
follows:
"In order that they may more ef-
ficiently function in the enforcement
of the national prohibition act. any
State. county or municipai Omcer
NAV be appointed at a nominal rate
Of compensation as prohibition officer
of the Treasury Department to en-.
force the provisions of the national
prohibition act. and acts supplemental
thereto, in States and Territories, eX-
cept in those States having constitu-
tional or statutory provisions against
State officers holding office under the
Federal Government
Commentators and political critics.
say prohibition ATTORNEYS. nave All
overlooked that clause following the
word except
President Grant ISSUED an order in
1873 prohibiting any person holding
Federal position from holding once
under any State or local government
except notaries and justices OF the
peace. President Coolidge merely
adds to that exception" all prohibi-
ton agents. If Grant had the power
which is undisputed-to issue such
an order. with such specific excep-
tions. why has similar order by
President Coolidge less authority:
ask the attorneys. 1t is further
argued by them that since President
Coolidge's order is not mandatory 1t
cannot possibly be an invasion of
State rights.
A State officer who accepts the
Federal service might be removed ny
his superiors in State government on
the ground that his dual service in
terferes with his efficiency In his State
Office, but, they argue. the President
expressly protects State rights in that
exception" above quoted.
*x X
Gen. Andrews Is quoted as saying
that 1.-The eighteenth amendment-
not the Presidents executive order
has abolished State rights He
referred to the abolishment Of the
fright" of a State to thwart Federal
enforcement of the VOlstead law
under the eighteenth amendment
which gives concurrent power" TO
both Federal and State authorities to
enforce-but never to thwart. Such
concurrent power" exists as to no
other law. nenCe. tne StdtuS VI pro-
hibition enforcement is peculiar. for
the eighteenth amendment made 1t to
differ from all other laws I'm enforce.
ment.
This concurrent power has been
interpreted by the United States
Supreme Cohrt-253 ". s. $50. It
had been contended by the ''wets"
that concurrent power" meant that
the Federal Government had power in
such areas as were under Federal con
troll and the States had power within
their respective boundaries. This
contention was set aside by the
courts decision that the concurrent
power to enforce this article by 'ap-
propriate legislation does not enable
Congress or the several States to de-
feat or thwart enforcement. but only
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