Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-08-01
RICHIE At ODDS
OVER RUM LAW
Governor and U. S. District
Attorney Hold Divergent
Views on Police Duties.
Special Dispatch to The Star.

Special Dispatch to The Star.
BALTIMORE, August members OF
the Baltimore police force who fail to
report violations of the national prohibi-
ton act are liable to three years i'm
prisonment, q fine of $500, or both,
Charles D. Gather, police commissioner,
was warned yesterday In a letter from
Col. Amos w. W. Woodcock, United
States district attorney.
In his letter, MI Woodcock called at
tention to the enactment OF the recent
Jones law making felonieS of all
Volstead offenses save possession, and
to an act of Congress making 1t a
violation of Federal law not to report
offenSes of feloniouS nature to Gov
eminent authorities.
Change Effected.
Mr.. Woodcock pointed out that several
years ago the attorney general Of Mary
land ruled that there was no obligation
on the police to aid in the enforce
ment of prohibition, but that since that
time there has come about a change
which binds not only policemen but
other persons generally to aid the au-
thorities enforcing the Volstead act
where felonies are involved.
When called to his attention, Gov.
Albert C. Ritchie took exception to the
stand of Mr.. Woodcock. The funda-
mental error In it, said the governor.
seemed to be that he assumed the
Federal Government had the authority
to issue orders to be obeyed by Mary
land police.
The Federal Government, said the
governor. had no more power over the
Maryland police than the Maryland
government had over Federal police.
The Letter.
Mr. Woodcock's letter to Gen. Gather
follows:
Some years ago the then attorney
general of the State, Mr.. Armstrong,
rendered an opinion to the effect that
there was no obligation upon the part
of the policemen of the City Of Balti-
more to aid in the enforcement OF the
national prohibition act. Since that
time, understand, this opinion has
been controlling, although individual
policemen have frequently reported to
the prohibition agents violations of this
law, and have rendered valuable assist
ance in enforcing it in other ways.
Il am taking the liberty to bring to
your attention what seems to be q
change in the legal situation. The last
Congress, as you recall, by increasing
the penalty for sale, manufacture and
Transportation OF intoxicating liquors
made felonies of these offenseS within
the meaning of the Federal law. On
June %, 1925, Congress re-enacted what
was the old section LAG of the criminal
code of the United States, and which
Is as follows:
'Misprision of Felony.-Whoever
having knowledge of the actual COM
mission of the crime of murder, or other
felonies, punishable by the courts OF the
United States, concealS and does not as
soon as may be disclose and make
known the same to some one of the
Judges or other persons in civil or mill
tary authority under the United States,
shall be fined not more than $500 or
imprisoned not more than three years,
or both
Federal Law Applies.
at bring this to your attention because
It seems clear that the Federal law now
does impose direct duty upon the part
of policemen. as well AS other persons,
to disclose and make known knowledge
of the sale, transportation or manu-
facture of intoxicating liquor. 1t is
possible that in view of this change in
the legal situation you will wish to
modify the present instructions.
ut Is my opinion that policemen IN
Baltimore City should report all sales,
transportation and manufacture OF IN
toxicating liquors of which they have
knowledge to the prohibition agents,
and II they do not do so, they are
themselves violating the Federal law"