Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-01-29
COMMITTEE GETS BILL.
Howell Measure on District Broaden
Powers Of Search Here.


Embodying rigid provisions for pro-
hibition enforcement in the Capital,
including a broadening of the powers Of
search warrant beyond anything in ef-
feet elsewhere in the country, and
clothing all members of the Metropoli-
tan Police Department with the righr
to enforce the dry law, the long-con-
tempIated Howell bill today was before
Congress in the initial stages of its
legislative journey.
introduced late yesterday by Senator
Howell, Republican, of Nebraska, with
provisions more tightly drawn than
when the draft came from Attorney
General Mitchell. the measure Is due to
go to the subcommittee on judiciary OF
the Senate District committee, II which
Senator Wesley L. Jones Of Washing
ton is chairman. Senator Jones Is q
strong supporter of prohibition aid Is
the author of the Jones-Walker law,
by which Congress provided severe
penalties for certain violations of the
VSlstead act
Senator Howell's bill, designed to corr
respond in washington with the State
enforcement laws enacted in 46 Of the
States, was referred to the Senate jul
dietary committee of which Senator
Norris is chairman, when it was intro
duced.
VIII Change Committee.
Senator Howell said today, however.
that he had intended the measure to so
to- the District of Columbia committee
and would take the necessary steps Tor
thu change of reference.
Senator Capper, Republican, Kansas.
chairman of the District committee, said
that If the bill comes to his committee
he thought it would be turned over to
the subcommittee OF which Senator
Jones is chairman Senator Capper said
nd thought the bill as transmitted by
Attorney General Mitchell was good
one He said he was not prepared at
this time to pass upon the changes
which Senator Howell made before m
Producing the measure.
In addition to extending the search
warrant authority Of local officials and
giving all policemen authority to WORK
on dry law violations instead OF the
50 who now have that power, the
Howell measure also would do the fol-
lowing things:
Extend to the four Police Court judges
the power now exercised by United
states commissioners to issue warrants
in liquor cases. and give any policeman
authority to serve such warrants.
Would Establish FUND.
Make it a special offense to furnish
liquor to minors in the District. -s4~ :
Establish q revolving fund, with an
appropriation OF $4,000, 70 be used ny
the police in gathering evidence OF dry
law violations.
Fix penalties for intoxieation, drink
ing in public or driving while tntoxi-
Gated any vehicle other than an auto
mobile. The driving Of an automobile
while under the influence Of liquor al
ready is prohibited by the traffic law.
Make 1t an offense for person
knowingly to permit the use OF his
property as common nuisance.
Senator Howell went over the bill
with Attorney General Mitchell, but
before introducing 1t the Senator in
serted several important provisions
that were not included in the Attor-
ney Generals draft.
The most important of these addi-
tions, and the one that IS likely TO
play a prominent part in the consider
alton of the bill, is the clause placed
In the search warrant section, under
which q policeman could obtain war
rant to search private dwelling upon
information of the presence Of still,
or that liquor has been taken to or from
q house :,
Search Clause Purpose.
Senator Howell contends that without
this clause the search warrant section
of the bill would be merely a re-enact-
ment for the District of the search
warrant part of the national prohibition
law, and under that law, he said, cyi-
dence Of a sale is necessary in order
to obtain a warrant to search a home.
Senator Howell fears that bootleggers
could operate stills in private dwellings
and avoid apprehension by being care
full not to make a sale from the dwell
ing. If evidence of a sale Is required
get warrants upon information of the
presence Of still as long as they could
not make a purchase.
Attorney General Mitchell, in a report
TO the District committee opposed the
amendment Senator Howell has made
to the search warrant section, for the
following three reasons: That 1t would
meet with general public disfavor, that
it would result in the sesrch of many
homes Of persons not commercially en-
gagged in handling liquor, and that 1t
would subject homes In Washington to
searches not sanctioned elsewhere.
Turnage Issues Warrants.
Search warrants here in liquor Law
violations are now issued only by Need
ham G. Turnage, United States com.
missioner on an AFFIDAVIT by purchas-
er verified by prohibition of1cer wher
the application is to search q home Oh
on an application by the prohibition
officer alone to search store or other
business place that has been under OBJ
Sefvation.
-rbe commissioner makes an oral ex-
animation of the alleged buyer in tht
case Of a home search before prepar-
ing an AFFIDAVIT for the purchaser Il
sign. When this affidavit Is signed, then
the verifying af1davit of the prohibition
agent is taken by the commissioner anG
the warrant issued. Should the ex
animation of the purchaser disclose
that he saw other liquor on the prem
1seS the warrant may be served at an!
time during the day or night within TIT
following 10 days, otherwise search !
permissible only in daylight.
The prohibition agent is required u
tndorse on the warrant schedule o
the liquor seized and to give a cop.
Thereof 70 the person arrested or q
leavG SUCH copy, with receipt Tor TIT
Rocis taken, on the premises.
IN the case of an application for tn
search Of a private dwelling under tn
T1.eser1t law evidence of sale Is impera
tive except when the building Is occu
pied in part as store or other ousi
ness.
Senator Howell added another sectiol
to provide that when person asks tn
court to return liquor on the claim tina
it was legally seized on an invalid war
rant, or Illegally seized under vail
warrant, the applicant must show tina
It was lawfully possessed.
THE purpose of establishing the re
volving fund for the Police Department
IS to make 1t easier for policemen Z
gather evidence. At present, Senate
Howell said, an ofhcer must spend nj
o. a4afV nsfANFHRA ard walt