Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-12-29
ROVER MAY RETAIN
NOLLEPOWEROVER
MOST DRY CASES
Justice Department Considers
Allowing Prosecutor Here
Special Discretion.
POLICE HANDLE 95
PER CENT OF WORK
Capital Under Federal Rule and
Conditions Vary From Those
in States.

The possibility that the district at.
! torney'S ONCE may continue to have thu
final word In the question Of nollt
pressing 95 per cent Of the liquor cases
arising in Washington was foreseer
yesterday despite the move Of the De-
partment Of Justice to bring all nolle
presses under its immediate control.
The department yesterday reminded
all United States district attorneys that
they would be expected to comply with
an order Of 1922 to secure the permits
sion of the department before any nolle
presses were issued. The reminder
which was in the form Of q circular
letter. further pointed out that all ap-
plications to nolle PROSE- prohibition
cases must be accompanied with the
views Of the representative Of the Pro-
hibition Department attached to the Of
fice Of the district attorney making the
application.
Dry Cases Situation.
In so far as prohibition cases are con-
cerned a peculiar situation prevails in
Washington.
The order, as 1t effects the States, re-
lates only to cases originating with
Federal prohibition units, all other
liquor cases being covered by the State
enforcement acts and entirely removed
from control Of the Federal Govern
mert.
In Washington, however, the Federal
law covers virtually all prohibition
violations, but only about per cent
Of the cases are worked UP by the Fed
eral men under the direction Of Deputy
Prohibition Administrator william r.
Blandford.
The remaining s5 per cent Of the
cases in Washington are handled by the
metropolitan police department, and 1t
Is these cases that the District attorney,
according to ofncials at the department,
wants to keep under the authority Of
his ONCE.
Question Of Discretion.
The department announced last night
that 1t has under consideration the adj
visibility of permitting District At
torney Leo "A. Rover to continue exer-
cising his own discretion in the matter
Of nolle pressing liquor cases brought
to his once by members of the local
police force. A flnal decision on this
point Is expected within a few days.
Mr.. Rover and hts two prohibition
assistants, Harold w. circuit and David
A. Hart. conferred yesterday with @. A.
Youngquist, Assistant Attorney General
in charge of prohibition enforcement,
II
to the department, that the question
of exempting from the order prohibition
cases worked up by metropolitan police
was raised. '.'.-.
Under the revived order, the District
attorney, when he desires to nolle PROSE-
a case, must ascertain the views Of the
head Of the local prohibition unit and
then forward a statement of the facts
in the case, his own reasons for want
ing to nolle PROSE- and the views of
the prohibition unit head to Mr.. Young
quist's ONCE, where the application viii
be approved or rejected.
ACCESSIBILITY Of Opinions.
1t was pointed out at the depart
ment that the opinions Of the head
Of the prohibition unit, In this juriSdic-
ton Mr.. Blandford, may or may not
be followed, but that 1t Is deemed ad-
yisable to obtain them because he may
have information on the particular case
which the district attorney lacks.
1t was emphasized that the effect of
the order Is to transfer control Of nolle
presses from the district attorney to
the Department Of Justice. and not in
any sense to the prohibition unit. II
the order as 1t affects Washington Is
to apply only to cases originating with
the prohibition unit 1t is expected to
meet Will bLlc nearly approval OF the
district attorneys office. But II 1t is
to include also cases brought by local
police II will bring about a decided
increase in clerical work and probably
will cause much delay in court
procedure
1t was. indicated at the department
that the peculiar manner in which the
order affects Washington was not fore
seen and that there is no desire to work
any undue hardship on District At
torney Rover. For this reason 1t is ex-
pected that Mr.. Youngquist will give
much consideration to this phase.