Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-01-28
MITCHELL BARS DRINKERS.
Attorney General Says Enemies of Prohibition Should Have
No Place Officially in Enforcement of
Eighteenth Amendment.

hampered by a strong distaste for and
| d1SapproVal of the work he has to do.
While a United States marshal may
have less to do with the actual prose-
cution of prohibition cases than do the
United States attorneys and their as
| SiStantS, he does have a direct relation
to the work. He has custody of seized
liquors. He is an official Of the court
and is constantly in touch with jury
men, witnesses and others interested in
these cases. If you have had consider
able trial experience, you no doubt have
realized what an important influence
court attaches such as marShals, bailiffS
and clerks have on the atmosphere of a
courthouse during term OF court. II
the public officials who are charged
with duties in relation to the enforce
ment of the national prohibition act
are known by bootleggers, witnesses and
jurymen to use liquor themselves, with
the probability that they are patronizing
the illicit traffic in LIQUORS, or their dis
agreement with prohibition is such that
it becomes known or the subject Of ex-
preston by them or others, it has de-
moralizing effect on the whole machinery
Of law enforcement.
"Out of some 10000 criminal cases
begun in the Federal courts during the
last fiscal year more than half were
cases under the national prohibition
act. We do not want fanatics or zealots
engaged in prosecuting these cases, but
as mere administrative matter it is
quite obvious to me that efficient,
thorough and diligent work cannot be
expected of those who patronize Illicit
traffic in liquors and have definite and
decided opposition to the whole princi-
pie of prohibition and make it known.
feel, therefore, that it is my duty
in passing upon the qualifications of
candidates for these posts to know what
their habits are and what their attitude
is toward prohibition, and that could
not safely reach conclusion about
their qualifications without knowing
these facts.
No Hard and Fast Rule.
"T have not made any hard and
fast rule on the subject, and there are
many matters respecting mans abil-
ity and personal qualifications that
have to be considered, but believe
that no man who makes a practice of
drinking intoxicating liquor, or who
has definite or pronounced views in
opposition to prohibition, belongs, dur
ing this administration, in any post
having directly to do with the prose-
cution of cases under the national pro-
hibition act. It seems to me that such
men had better seek positions in some
other branch of the Government or
private occupation. have not made
any blare of trumpets about this mat
ter, but I am not at all reluctant to
have it known among those in the Serv-
ice of this department that the habitual
use of liquor and opposition to prohi-
bition are very definite handicapS to
appointment or reappointment in this
service.
81 cannot see any analogy between
applying a religious test as qualif1ca-
ton for public office and the matter of
making inquiries as to the personal
habits and attitude toward prohibition
on the part of candidates for posts hav-
ing directly to do with the enforcement
of the national prohibition act. In the
one case a mans religious views have
no bearing one way or another on any
public activity that he may be required
to engage in as public officer, but in
dealing with candidates for United
States attorneys and marshals their
personal habits in the matter of the
use of liquor and their attitude toward
prohibition have direct and undeni-
able bearing on their efficiency In the
performance of their duties.
81 am very glad to have you write me
on this subject, as I do not want my
attitude misunderstood, and hope,
after this statement, you will agree with
me that an administrative oficer
charged with the duty Of selecting men
to prosecute cases under the national
prohibition act should have accurate
Information about their personal habits
and their opinions on this subject, to be
considered along with information re-
speeding their other qualifications.