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


commission on May %, 1929, it has
been giving careful consideration,
among other things, to the question
of the observance and enforcement
of the eighteenth amendment and
the national prohibition act. The
problems presented have been nu-
merous and difficult. 1t was urged
upon us from certain sources that
we proceed at once to hold public
hearings on this subject, but We con-
ceived it to be more useful to make a
careful study of the whole question,
securing information from the re-
sponsible officers OF Government and
from printed reports, as well as from
hearings before committees of Con-
gress, before embarking upon public
hearings While we are not ready to
make q final report on the subject,
we have reached certain conclusions
which we are transmitting to you
with this communication. The ex-
tent and completely of the problem
perhaps may be strikingly presented
by reference to few outstanding
facts.
Scope of Dry Problem.
Scope and size of the problem as
to observance: It is impossible wholly
to set off observance of the prohibit
ton act from the large question OF
the views and habits of the American
people with respect to private Judg-
ment as to statutes and regulations
affecting their conduct. To reach
conclusions of any value We must go
into deep questions of public opinion
and the criminal law. We must look
into the several factors in the at
tltude of the people, both generally
orfio, localities fnuyord
laws in general and toward specific
regulations. We must note the atti-
tude of the pioneer toward such
things. We must bear in mind the
Puritan's objection to administration,
the Wing tradition of right to
revolution" the conception Of natu-
raj rights, classical in our policy, the
democratic tradition of individual
participation in sovereignty, the atti-
tude Of the business world toward
local regulation of enterprise, the
clash of organized interests and
opinions in a diversified community
and the divergences of attitude in
different sections of the country and
as between different groups in the
same locality.
Disregard In Past.
We must not forget the many his
torical examples Of large-scale pub
lie disregard of laws in our past.
To give proper weight to these
things, in connection with the social
and economic effects of the prohibit
ton law is not a matter of a few
months.
AS to the enforcement, there are
no reliable figures to show the size
of the problem. But the reported
arrest in the last fiscal year Of up
ward of $4,000 persons from every
part of Continental United States
indicates a staggering number of
what might be called focal points of
infection. To these must be added
the points of possible contact from
without, along $500 miles of land
boundaries, substantially 5000 miles
Of frontage on the Great Lakes and
connecting rivers Excluding Lake
Michigan), and almost $4,000 miles
Of Atlantic, Gulf and Pacific shore
line. Thus, there are about 1900
miles Of mainland of the Continent
tai United States, at every point of
which infection Is possible.
There are no satisfactory esti-
mates Of the number Of roads into
the United States from Mexico and
Canada. The number Of smuggling
roads from Canada Is reported as at
least 1000, and on the Mexican Dor
der there are entrances into the
United States at most points along
a boundary Of LIZA miles.
Dificulty Of Policing.
To deal with an enforcement
problem of this size and spread, the
Federal Government can draw only
on a portion of the personnel OF
three Federal services, whose STATS
aggregate about $4,000. Approx
mately one-tenth of this number is
in the investigative section Of the
prohibition unit. OF the remaining
10000, only a small proportion of
the personnel is available for actual
preventive and investigative work.
The remainder is engaged in work
far different from prohibition.
These figures speak for themselves:
II
Administrative Difflculties.-A fire.
quent complaint Is that the Federal
Government Is prosecuting small
cases and not getting at those re-
sponsible for the large supplies OF
illegal liquor. To get at the snug
glers, the wholesale distributors and
those who manufacture and divert
on q large scale, 1t Is necessary to
have either an Indignation Of the
forces working at the supply and
distribution ends, or close work.
ing relation between the two forces.
with respect to both liquor and mar
cotics. It is frequently stated by
enforcement officials and those who
study phases Of the problem that
the Federal officials who deal with
local or retail distribution upset
many an investigation which might
lead to the sources Of supply, and,
on the other hand, investigators who
are dealing with sources are fire.
uuently Intellectual in getting at
persons who control the sources.
Adjustment Not Easy.
To adjust the machinery of Federal
administration. as it had grown up
for other purposes, to this huge
problem Of enforcement Of prohibi-
ton is not easy and will require
much further study. Unification,
Capitalization Of responsibility and
means of insuring cooperation be-
tween Federal and State agencies
are things to which we must come.
quite apart from the 'exigencies Of
enforcement of prohibition, but
which cannot be achieved over
night.
III.
Legal Difficulties and Proposed
Remedies-When we come to the
legal difficulties in enforcement, 1t
is possible to speak with much more
assurance as to what may be done at
once by way of improvement
Pending study of the whole sub
iect, there are certain features Of
Federal enforcement OF the law as 1t
stands with respect to which the
testimony of judges. district attor-
news and enforcement officers is gen.
eral and substantially unanimous.
II on no other grounds than to give
the law a fair trial, there are OBJ
vious and unconverted difficulties,
abundantly pointed out by expert