Evening star., 1926-05-25
PRESIDENT TO BACK
POLICE USE ORDER
DESPITE OBJECTION
Continued from First Page.)


introduced a resolution to prohibit
state officers from simulta neously
holding any Federal position. 1t
would also bar Federal officials from
holding any position under a state.
Meanwhile. in the Senate, a Demo-
crat-Walsh of Montana-cam to the
defense OF the legality OF the execu-
tive order.
"The President Of the United states
has been criticized concerning the
issua nee Of an executive order" Sen.
ator Walsh began. II have no war
rant. Of course. to speak for him either
here or elsewhere. hut ] cannot, un.
less some erroneous conclusion may
be drawn. remain silent in the face
Of statements that 1t was a uEurpa-
ton Of power nd. violative of the Con
stitution. Our attention has not been
called to any specific section OF the
Constitution that has been violated
Reads Text Of Order.
Senator Walsh then read the text
OF the order. emphasizing that the
President used the words "may ap.
point" and that the order also spe-
cifically stated that it would not ap-
ply to States where the local law
ing as a Federal agent.
He has not appointed anybody,
said Senator Walsh. referring To the
text of the order. He has not made
sweeping order appointing all state
officers
Did the order do anything except
announce a pelicy?" inquired Senator
Rorah. Republican. of Idaho.
That's all" Senator Walsh replied.
Senator Walsh ventured the opinion
that 1t In quite likely the officials Of
the Government who appoint prohi-
bition agents simply wanted to know
if it would he agreeable to the Presi-
dent IL they designated certain State
officers. and that in all proba bility
the executive order was merely the
Presidents answer to those oficials.
Several Senate questioned Senator
Walsh rega riding technical legal DIM
culties that might arise where one
man sought to act both as state
| and Federal officer.
Senator George. Democrat. OF
Georgia declared that wherever
man undertakes 10 serve two ma asters
his duties invariably conflict.
Under fire In Congress and else
where on grounds that 1t ia uncon-
stitutional and it's purpose inadvts-
able. the executive order is held by
ATTORNEY General Sargent to be legal.
| His decision was made public yester
| day.
Secretary Mellon, meanwhile, has
conceded that he would not have
recommended FORMULATION OF the
order IL he had foreseen the contr0.
yersy it has aroused, but. since 1t rs
doing no HARM" he does not plan to
urge it's revocation. His view az to
the harmfulness Of the order. how
ever, was not shared by Senator
| Robinson of Arkansas, the Democratic
leader, who described it as "the worst
blow that has been struck against pro-
hibition," even though this effect was
unintentiOnal.
In the meantime. Ned M. Green.
| prohibition administrator at San
| Fra ncisco, is holding up operation Of
the order in California. where 1t was
primarily intended that 1t should
| apply, pending conference with
| Assistant Secretary Andrews. Ar
ra ngements already worked out with
some deputy sheriffs In California
| for cooperation with Federal officials
| in the effort to enforce prohibition In
| that State. Treasury officials have
explained, caused the promulgation OF
| the order, which was designed to give
their activities legal status.
No general application Of the order
has been contemplated, Secretary
Mellon emphas asized yesterday, adding
| that it would be put into effect In
other regions only at the request Of
| State authorities and with the con-
sent of the Individual officers affected.
Az far a. California is concerned
Green, although feeling that "the real
issue has been lost sight of or def
nitely distorted" said he had mo
| intention Of attempting to impose the
| rule on those officials who resist It,"
The purpose, he explained. was to
give rural deputy sheriffs the Federal
aut thority contemplated. and not to
apply the order in pOpul0us centers.
During the discussion which has
followed publication Of the order suk-
gestions that the prohibition issue be
disposed of through referendum
have been growing. Senator Robin.
son joined the ranks Of those favor.
ing such an expression by the voters.
"a wing ne thought II would aid Con.
sress In intelligently disposinE Of the
subject His personal opinion was
that in a national referendum hve
or six States would return, large wet
ma jorities and that the remainder OF
the country would vote dry.
New York already has decided upoA