Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-01-13

1
ance of and respect for law, the ma
tional prohibition law may well De
strengthened and its effectiveness
increased in these important par
ticulars.
preparation of cases to the Depart
ment of Justice.
There is very general agreement
among those who have had to do
with enforcement of prohibition that
the whole task Of enforcement
through the courts, as distinguished
from the granting Of permits and
administration of regulations as TO
the legitimate use of alcohol or OF
LIQUORS, should be concentrated In
the Department of Justice. 1t Is an
anomaly that the cases are investi-
gated and prepared by agencies en-
tirely disconnected with and not
answerable to those which are to
prosecute them. All experience OF
administration shows the Importance
of concentration rather than dif-
fusion of responsibility. If prosecu-
ton, the legal side of enforcement,
is partitioned between two distinct
agencies, the diffused, ill-deflned
non-located responsibility is sure in
the long run to be an obstacle to
efficiency. No doubt in certain
special situations, where technical
knowledge of a special type Is in
volved and where the number OF
prosecutions each year is very small,
it is consistent with a high degree
of efficiency to have these few cases
investigated and prepared by some
body of experienced men in some
other department and turned over
to the Department Of Justice for
trial.
Inexpedient With Volume.
But where the volume is SO enor-
NOUS and the circumstances are so
varied as in liquor prosecutions, this
Is not expedient. To dispose of such
a mass of cases satisfactorily there
must be we'll organized co-ordina-
ton of investigation and prosecu-
ton, which can only function eff
fectively when under Q single head,
with responsibility definitely placed,
so that there can be no falling down
between two distinct bureaus and no
lapsing at either point into a per-
functory routine. There must be
careful study Of how to separate the
permit granting work of the Treas
ury Department, which belongs there.
from the work Of Investigation and
prosecution, which should all be
done in the Department of Justice.
But the principle Of transfer of the
latter to the Department of sJustice
Is, we think, clear. -
CD Codiflcation Of Federal legis-
lation applicable to enforcement of
prohibition.
Enforcement OF prohibition In
wolves resort to more than Is stat
utes, enacted at various times dur
ing 40 years, many of them much
antedating the eighteenth amend
ment. AS they stand, they are in
form disconnected, unwieldly and in
much need of coordination and ad-
justment to each other. It has been
urged upon us, from many parts of
the country, by those charged with
administering them, and we find It
true on examining them, that they
are much In need of being put in
order, revised and simplif1ed.
Revision and Digestion.
We recommend that all Federal
legislation applicable 10 the enforce
ment of prohibition be revised and
digested with view Of making 1t a
unified whole in the form of a SIM
pier, better ordered and hence more
workable code. In our judgment,
this will make for much greater eff
ficiency. As things are, It is some
times far from easy for those
charged with enforcement to find
all the law bearing on their powers.
Such things are all to the advantage
Of the commercialized law-breaker
who commands excellent advice on
points which, at the crisis of action,
the enforcement officer may have to
look up hurriedly for himself. We
recommend a codification of the
laws on this subject as an important
step toward better enforcement.
Co Provision for making So
called paddock injunctions more ef-
fective.
Long before the national prohibi-
ton act, 1t had been found that the
jurisdiction Of courts Of equity to
abate nuisances could be made a
most effective way Of dealing with
many forms of vice. Nearly two
generations ago this jurisdiction was
applied to violations of State liquor
laws and it was later applied with
gOOQ results 10 VIOLATIONS OF laws
against prostitution. The national
prohibition law took advantage Of
this experience and provided for in
functions in causes where property
was habitually used in connection
with violations of that law.
Law Wen Conceived.
These provisions are well con-
ceived and are capable of doing
much toward making the law effec-
tive in action. But means of evad-
ing them have been discovered in
certain limitations of procedure
growing out Of the need Of serving
process upon the persons interested
In the property. BY conveying some
small fraction of the title to a nom
resident, or by resident owners.
landlords or tenants concealing
themselves and evading the service
of process, such proceedings are In
creasingly rendered nugatory. We