Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-07-18
W|CKERSHAM PLAN
HELD IMPORTANT
Letter Seen as Basis for New
Phase of Prohibition
q Enforcement. 49,
BY MARK SULLIVAN.

MANN SOA%AAA EAANs
It Is the common judgment Of wash
ington that the suggestion about pro-
hibition made conspicuous by George
w. WickerSham is Of the highest i'm
portance. The serious attention paid
to it does not at all depend on the
mere fact that Mr.. WickerSham Is the
chairman of President Hoover's Com
mission on Law Enforcement The i'm
portance of the idea lies in the aptneSs
of its application to present conditions
The suggestion is that the Federal Gov
eminent and the State governments,
instead Of overlapping and duplicating
enforcement. IS they now do, should
divide 1t between them, so that each
should be wholly and solely responsible
for its own part of enforcement. AS
Mr.. Wickersham puts it, the Federal
Government should attend to prevent
ing importation, manufacture and in
terState shipment Of intoxicantS." The
state governments should undertake the
police regulation to prevent sale, sa-
looms, speak-eaSieS, etc"
Mr.. Wickersham'S reason for his Sug-
gestion is that thus far the Federal
Government has borne the brunt Of
enforcement" While Mr.. WickerSham
did not 60 so far as to say so, the fact
is that the States are tending more
and more to shirk their responsibility
This does not mean merely that some
States have repealed their local en-
forcement laws and are making no Ell
fort whatever. 1t means IN addition
ment laws are Sinking the actual work
of enforcement. They take an atti-
tude which saws. LET Uncle Sam do it."
The consequence is that little speak
castles in little villages and in big cities
are expected to wait for suppression
until q Federal prohibition agent comes
from Washington. 1t has become q
common impression that prohibition Is
purely q Federal, as distinguished from
q State policy, and the inclination all
over the country Is to say, Let the
Federal authorities enforce it." to
which Is sometimes added If they can. ;"
States Obligation.
The fact is that the States are under
just Is much obligation to enforce the
eighteenth amendment IS the Federal
Government. The sentence In the Con-
stitution reads, Congress and the sew
eral States shall have concurrent power
to enforce this article" What has been
coming about is the opposite OF con-
current enforcement. Theoretically we
have enforcement by two equal part
ners. Actually, one of the partners, the
State, is Lying down" on the other
partner, the Federal Government.
II Mr.. WickerSham's suggestion were
in effect, the Federal Government and
the States would divide the work OF
enforcement. The Federal Government
would stop all smuggling from abroad
stop all wholesale manufacture every
where, and stop all interstate shipments.
The State governments would stop the
local sale in saloons, SpeakeaSies, etc.
The people of every State would under
stand that responsibility for suppressing
speakeasieS Is on their own State gov
eminent, and would not look to WASH
ington to do it. Such condition would,
in the Judgment of Wade Ellis, have
an immediate and electrical effect all
over the country. The people OF every
state in the Union would realize for the
flrst time that the enforcement OF pro-
hibition is primarily their business"
Suggestions Meaning.
Mr.. Understands suggestion does not
mean that States could have what are
called local option laws. 1t does
not mean that any State could legaltze
the sale of intoxicating liquors. The
eiahteenth amendment, in the worcS
of the Supreme Court, binds the legis-
lative bodies, and of its own force IN
ValidateS every legislative ACT WHICH
authorizes what the eighteenth amend
ment prohibits. A State would have
only two alternatives. 1t could enforce
or it could make itself responsible for
aIawless condition. The responsibility
would be squarely on the State. There
would not be, as there is now, an alibi
in the shape of Uncle Sam. No State
and no person in any State could say
in effect, as many now do. ut does not
matter whether the State enforces or
not, because Uncle Sam will enforce
anyhow"
1t is quite certain that Mr.. Wicker
sham's suggestions will be widely dis
cussed. It IS obviously possible the sug-
1estion may be recommended by the
commission Mr.. Wickersham heads. The
suggestion may become the basis for
the next phase Of prohibition.
(Copyright, 1921