The Daily Alaska empire., 1927-12-20
ON PRoMIsCuoUs sHOOTINGs.

In his argument to the jury in the Sinclair case last week Assistant United States Attorney George w Folta was critical of The Empire s editorial policy regarding Prohibition and it's editorials dealing with promiscuous shootings by officers of the law It is not necessary here to reaffirm The Empires position national Prohibition It is willing to stand fall by it and the judgment of the majority of Americans on the same subject But any intimaton that it's policy is designed to give encouragement to "lawless' elements is without foundation of fact It is no thing for those, who, object ing to certain legislation and advocating either repeal or change, to be charged with encour- aging violation nullifcation. Such aeensa- tions neither the argument against the objectionable statute nor prove any insincerity or unrighteousness of the objectors. fayorte resort of the moron minded, which MT. Fota can hardly be, seldom does the intelligent man use such a weapon except in spacious reasoning where better arguments not to be had
 As to the right of peace officers, law enforce ment men of any rank, to shoot except under certain well-recognized conditions, there may be room for difference of opinion such as that exhibited by MT. Folta and The Empire He defended the shooting done by Officer Chidester by comparing it with methods used by Coast Guard cutters in chasing runners on the high seas. We doubt very much if reasonable minds will uphold the analogy sought to be established.
 The testimony regarding the shooting was conflicting Officers Harding and Chidester tes- tifed they called to Sinclair to stop and when he failed to obey the command, the latter pro ceeded to shoot at of the cars wheels. De fense witnesses, including miners returning home from work and who were in the zone of the shooting all denied hearing any order to halt given And one witness, admitted to have been emploved by the Prohibition agents as a decoy and at one stage of the proceedings drawing Government money, confirmed this Possibly MT. Folta uphods such shootings, that is his responsibility.
 The Empire believes otherwise IL has san" before and now repeats that officers ol 'he law should be required to be as careful Ill me use of deadly weapons as any law-abiding private citizen In self-defense, to prevent the commits sion of a felony in their presence or the escape of n felon it is their right to use any means at hand and to shoot to kill if necessary But where there is neither felon nor felony to De dealt with where there is only a misereant and A misdemeanor involved, and too, where there is no possible avenue of escape Tor the mlscre- ant The Empire does not believe there is the slightest justification for the use Of deadly weapons even by Prohibition agents
 There is nothing in this. we believe, at vari- ance with the views of the average American citizen There is no intent to encourage ,lawless clement" It is the expression Of a code which has been honored and observed by peace officers throughout the country since long before national Prohibition existed as dream of fanatical reformers. Under II laws were observed and peace officers respected lh Tar higher degree than has yet been attained by Prohibition and it's special agents It IS part of the machinery of legitimate law enforcement in the whole of which The Empire readily sub scrihes and supports whether it be of the Pro hibition law any other