The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1929-08-15
DORANDEMANDS
DRY AID BY
STATES

UNIVERSITY, Va. Aug. Is
.(LN.S.). Two Numerically
opposed views concerning the
duty Of the States in enforcing
prohibition were put before the
Institute Of Public Affairs to-
day.
One came from Gov. Albert c.
Richie D) Of Maryland. and was 4
complete denial that the States are
under any obligation. legal or moral
to enforce Federal prohibition within
their borders.
Disputed by Or. Doran
The other was presented by Or.
j. M. Doran, Federal prohibition
commissioner, who declared that un.
der the Eighteenth Amendment the
States are legally and morally bound
to assist the Federal Government.
And unless they do so. he said, the
Federal Government must expend
It's facilities and discharge every
enforcement function, great and,
small.
Governor Ritchie's address was q.
vigorous defense Of those States
which. like his own Maryland, have
consistently refused to adopt the
Volstead Act as q part Of their own
legal codes. The Eighteenth Amend.
ment. he commended. gave the States
power to enforce the prohibitory law
concurrCntly with the Federal Gov
eminent IL they chose to do so. hut
IL they did not so chose there Was
no obligation.
THE President holds no executive
power in the States. and the COVER
nors hold no executive power in the
nation said the Maryland governor.
AS a State We do not defy the
Federal law; we do not ignore it nor
try to nullify it. We put no oh.
stacles in the way Of its full en-
forcennent by the Federal officials
who passed it.
Wickersham Plan
DR.. Dcran virtually endorsed the
'Wickersham plan" although not
by name, which would allow the
States to take over the great bur.
den of ordinary enforcement, ana
leave the Federal establishment free
to work on the major agpects-smug
Cling, control of industrial alcohol,
etc.
Efforts must be directed, Doran'
said, to the Qualification Of the
State and Federal function as It
relates to police activities. He ad,
yocated bringing about clearer
conception of the two functions in
the public mind with a necessary
corollary of developing more fully
the State police powers to bring
about q discharge OF the constitu.
tional obligations OF those States
not now adequately dischargfne
them"
Doran said there is no doubt
about the binding legal force Of the
Eighteenth Amendment on the
States Likewise, he commended.
there Is no doubt as to the obliga.
tons of the States to exercise in
their appropriate sphere OF action
full police powers to properly dis
charge this obligation.
Efforts Futile
Five States have no State codes
for carrying out the principles of
the Eighteenth Amendment. he said
and great deal of Federal effort
has been expended, and to some
extent dissipated, in times past in
futile attempts to step in and dis
charge the duties of these States.
Il refer to the fact that such
course tended to clog the Fedora
courts with large number of cases
of purely local police interest.
Doran said. ''and made it extremely
difficult to promptly try and dispose
of cases of major Importance, that
fell distinctly in the Federal field.
and whose successful prosecution
would have had a more permanent
and lasting effect on law enforce
mert.
II we assume that there IL no
disposition to bring about a radical
change in the makeup of the
Government, we must continually
keep before us the necessary distinc
ton between the Federal ana State
function.
1T Is unfortunate that unsatis
factory conditions arising from VIC
lations of the liquor laws are almost
invariably made the basis of com
plant of non-action of the Federal
Government, and in much of the
public discussion 1t seems to be
assumed as a premise that the
enforcement of the liquor laws Is
a problem solely up to the Federal
Government"
q