Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-07-01
Should u. S. Advise Business?
Continued from Third Pagel

Continued from Third Pagel
not 60 beyond the strict legal require
ments in the performance of their on
cial duties. The board not only has not
commended, but has actually con-
| demned, certainly by inference, the help
| full activities which Commissioner Roper
carried on in the midst OF war pro-
gram. Those who commend his course
fear that IL another war or national
emergency should arise. such decisions
as that made by the Tax Board Will
prevent ofiicialS from the exercise of
implied authority. Even IN normal
times. they point out, 1t is important
for Government officer to know how
far he may go in helpful and educa-
tional activities.
should Departments Advise.
Suppose a food product is required TO
device or plan which may contravene
the postal laws against lottery?" one
advocate of helpful cooperation In ad-
vance demanded of the writer. Should
the Post once Department advise? Or
should IL keep IT'S solicitor inaccessible,
forcing the citizens interested TO try
the experiment. first and find out later
Ii they would be prosecutedP
Suppose plan of colonization should
be labeled to meet technicalitieS of the
pure food act. Should the Department
OF Agriculture advise9 Or should it
close It's doors In the face of the pro-
ducers and watch carefully 70 see If
there was chance 10 make a case IN
| court against theme The wartime
food administration officials often acted
as well as advised before the fact,
g xlRFN tea taNvS Nat
have TO be harmunl4ed with the imnii-
grafton laws. should the Department
Of Labor advise
Suppose business men are seeking
guidance with regard 10 the reorganiEa-
ton Of their enterprise and desire 10
avoid violations OF the antitrust laws,
Should the Federal Trade Commission
adviser"
OF course, do not think the COM
mission should be committed in adj
vance To decisions on specific eases. l
believe that the answer Is this; That IN
any case where tho Governments IN
terest is not In jeopardy, where the IN
terestS Of the public are helped. and
particularly where the Governments
interest Is to be advanced. directly or
indirectly. the officerS of the Govern
ment should be encouraged and not
discouraged In performing gratuitouS
service to the public, The power TO do
so should be implied,
Clearer Definition Needed.
There is real need for clearer
definition of the powers and duties of
Government officials Can the Govern
ment officiai serve the public best as
helpful adviser or as punsshtns 20"
licemanq when policeman sees
man about to violate law or regula-
ton and realizes that the man has not
the slightest wish to run contrary 10
either law or regulations. should he
endeavor TO prevent the commission OF
crime at this iuncture. or should he
wait until the wrong act Is committed
and then arrest the offender
A a matter az fact. II would be \
closer analogy II the man In the case
Just cited stepped up and asked tho
policeman about II before committing
the act, The question should then be
changed TO whether the policeman
Should insist ON maintaining silence.
serving notice that II the man violated
the law he would arrest him. but ne
would not tell him IN advance whether
the proposed act was In violation OF the
law or not