Milford chronicle., 1926-06-11
SENATOR BAYARD
PROTESTS use OF
FIREARMS BY OFFICERS
,oontlnued from 1rst pageJ

agents to be very careful IN the use
OF firearms.
For this, Mr.. BudnitZ was taken to
task Tuesday by Senator Bayard,
who in a letter to the Maryland Ad-
ministrator quoted an earlier COM
munication from the Maryland dry
chief, in which he declared he had
always instructed his agents not to
shoot at all unless it was necessary
TO save their own lives. Such in
structions, it seems, are in accord
with the specific orders of the Fed
eral Prohibition Headquarters in
Washington.
Senator Bayard, in his letter to
Mr. Budnitz, said shooting by pro-
hibition agents on suspicion justities
return of the fire by citizens.
Discussing the Collins shooting af-
fair, he said:
"UJnless your instructions regard
ing the use of firearms" as set forth
in YOUR letter to me of May 28, are
broadcast not only to your agents
hut to the public, it seems to me that
anv reasonable person whose duties
compel him to travel upon the State
highway during the night time will
feel himself absolutely justified in
not only arming himself with a
deadly weapon but in using 1t to
shoot and shoot to kill anybody and
everybody who attempts to hold him
I'm under circumstances similar to
those in the Collins case.
"This may seem to you a strong
view to take of the matter, but the
general policy of the law in TINS
country is that everyone is presumed
to be innocent until he is proven to
he guilty. Whereas, the policy, as
adopted by your agents, if contlnu-
cd would be to risk the lives of in
nocent persons in order to effect the
canture of a possible lawbreaker.
"I therefore, request you, as far
as the State of Delaware is concern
ed. that you again give positive
definite and widespread public in
s+ructions to your subOrdinates that
tbev are not to use firearms in the
prosecution of their duties unless IN
defense of their own lives"
Unreasonable, Says Senator
Senator Bayard pointed out he
could not imagine how any reason
able person could find any possible
warrant to justify any shooting Dy
anybody under the circumstances.
The letter of Senator Bayard ols-
closes that State Highway Engineer
G d. Buck, of Delaware, gave MI.
Collins a new auto for the one pier
cod nv bullets. Senator Bayard re-
fers to a quoted part of the report
of Federal Prohibition Director u
A Hill. of Wilmington, to the erect
that collins and his family are very
much pleased with the whole analr'
and terms it a very better jest on
the part of Mr.. Hill"
Senator Bayard, in the course OF
his letter to Director Budnitz, says;
"Actual facts in the case Whlch
should have been presented to you
bv YOUR agent, Mr.. Hill should have
disclosed that Mr.. Collins car was
nierced by two bullets so that one
Of these bullets must have been hreu
by your agent Jett and the other
bullet by the State Highway ponce
man. 1 cannot, therefore, accept
vour statement, as above quoted that
If is not clear whether the damage
was done by the bullet of state
Highway officer or by that OF Pro-
hibition Agent Jett.
"I cannot imagine how any reason
able person can find any possible
warrant to justify any shooting by
ANYBODY. State highway officers OF
prohibition agents, under the CIT
cumstances. The affair took place al
about $3.50 o'clock in the evening
,and at this time of the year that
would mean complete darkness, Sc
that any person driving car upon
the State highways of Delaware ano
who is not breaking any laws, either
State or Federal, has every right
finder both State and Federal laws
to peacefully pursue his way and no'
submit to interruption or holdup by
either State or Federal ott1cers.
Danger of HOldup
"In view of the fact that law
abiding citizens are being held III
upon the highways in the night time
" eviI-minded persons, Mr.. Collins
had every right to suppose that NJ
was being subjected to a holdup
and it was not his duty, under an!
law, to come to a full stop, and SCI
whether or not the persons, Wh'
were calling to him, were elthel
State or Federal officers or to as
certain whether they were clothe'
IN civilian dress or official uniforms.
Your statement preimposes
duty upon Mr.. Collins and other per
Sons under like circumstances t.
stop and view the clothing or rathel
insignia of officers if any there be
,of persons who undertake to holt
them up in night time upon the high
ways.
There is no law, either State o
Federal, upon which to base such al
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