Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-08-16

working under temporary appointments
that know no end.
The fact is that in March Of the
present year, according to report made
by the Acting Secretary of the Treasury,
there were still employed more than 600
prohibition agents, inspectors, investi-
gators and chemists who were holding
so-called temporary appointments with
out examination. This was practically
one-third of the total number Of prohi-
bition employees. There Is undoubtedly
justifiable excuse to hold over on tempo
rary rolls some of them, but the political
appeal of Senators and Representatives
and party leaders is behind too many Of
them It would be much better for the
prohibition service, If not enough pro-
hibition agents have qualified yet on
civil service rolls, to make appoint
mentS from other services that already
have civil service rating, like the skilled
special intelligence, postal and secret
service groups. This would build up a
force from men already trained.
The influence Of politicians in defeat
ing real enforcement extends far be-
yond the appointment OF unfit agents.
1t permeates the courts of justice. Doz-
ems of United States district attorneys
and assistants owe their appointment
to the favor of not only Representatives
and Senators but of the whole political
machine, ranging up from deputy con-
stables and assistant assessors to may
ors and councilmen. Some United States
attorneys and their assistant attorneys
have been promoted from city and
county attorneyShips and State attorney
ships for services we'll and truly rem
dered to So-called legitimate liquor in
terestS in the palmy days OF the open
saloon. In their former capacity they
had ignored apparent violations OF law.
When public sentiment in the town or
county became aroused and demanded
action they have prosecuted in an easy
fashion. left out important witnesses
and failed to secure conviction Or push
for just penalties. They are the prose-
cutors the alcoholic politicians regard
as reasonable"
No matter how carefully cases are
prepared in some districts, like Phlladel-
phia, we could never even be reasonably
sure of the outcome. Under the
politically evasive United States At
torney Coles, who remained in charge in
spite of protest, drivers and hirelings
plead guilty, but few really important
were CNcl 4LAdO IA
spite OF the fact that Philadelphia Is
a center of liquor violators of the larg-
est racketeer type. Political evaSive-
ness proves of survival value in some
districts, and SO it has proved there.
But he made exit soon after March
this year-and hope again is born for
law enforcement In that most stubborn
district!
Incompetent and Corrupt.
Scores of politically appointed pro-
hibition agents whose testimony was
essential to conviction have been either
incompetent. afraid or corrupt. These
ward-heeler agents, in many cases, fail
to obtain proper legal evidence, or OBJ
tain it in an illegal or improper manner,
so the case has to be Thrown out"
Other times they conveniently lost their
memories for essential details. Other
times they told different story on the
witness stand in the trial of the case
from that they had embodied in their
original report. Dozens of cases have
been lost because the evidence was Sc
cured on defective search warrants, and
it has been apparent often that the de-
fectS had been bought and paid for.
We have lost cases because politically
appointed marshals assembled question
dDle JuIlSS VI ldLiCu PlOPCIly w SuoAu
jurieS to prevent tampering and bribery
or the exertion of political influence.
We failed to obtain convictions, even
where the prohibition unit had furnish
ed us with competent and sufficient
evidence, because politically appointed
district attorneys, who were less law
yers than politicians, had established
definite schedules of fees for what came
to be known as "nolle pressing" liquor
cases. Time after time they dismissed
cases without trial because of an al
legged want of proper evidence. disap-
pearance of witnesses, etc. Bootleg
gers in one Western State advertised
that the standard fee was $50 in
ordinary small cases thus dismissed;
District attorneys were finally required
to secure authority from Washington
before entering an order of nolle
prosequi When definite reasons had
thus to be given for the recommended
ton to dismiss, we secured surpris-
ingly large reduction of the number of
nolle proSSequiS.
On the other hand, there shine forth
the outstanding examples. among many
others, of such faithful officials as Com
missioner Dan Roper. who started pro-
hibition off in the Democratic admin
istration; ALT Oftedal, Elmer Trey, Col.
Samuel o. Wynne, Maj. j. D. Penning-
ton, now connected with enforcement
in the Treasury Department, and such
hard-hitting United States attorneys
as Richard H. Templeton, George E. @.
johnson, George Neuner, A. w. w.
Woodcock, Charles L. Redding, James
c. Kinsler, S. w. McNabb and the men
in Washington working with Norman
j. Morrison and Howard Jones OF my
own division, who have formed our
"f1ying squadron" The men of this
squadron have rendered distinguished
service by going from Maine to Cali
fornia - anywhere - to rescue and try
important cases where we saw the evil