Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-02-02
Senator Says Maryland and
Virginia Have More
Drastic Laws.
DECLARES HIS MEASURE
HITS AT BOOTLEGGERS
Says Congress Must Destroy Rum
Vendors Technique to Make
Capital Dry.

Answering criticism of the search
warrant provision in his dry enforce
ment bill for Washington, Senator
Howell, Republican, of Nebraska, last
night declared it is not as drastic as
laws now In effect in nearby counties
of Maryland and Virginia, and less
drastic than the Sheppard law, which
preceded national prohibition in the
District.
Senator Howell said it is assumed by
prosecuting officials in the District that
the only provision for obtaining a
search warrant here is under the ma
tional prohibition act, which requires
evidence Of a sale in order to seerch
private dwelling.
The Senator said the criticism of his
pending bill has been directed at the
words he added to the search warrant
section to permit the issuance of war
rants for dwellings upon information
that stills are set up or used, or that
liquor has been delivered to or removed
from the premises.
Cites Virginia Laws.
1.-THE criticisms of the bill suggest to
the uninitiated that this added provi-
sion is unusual, extreme, and that it
might cause the rights and liberties of
those living in private dwellings to be
trampled upon" said Senator Howell.
That such conclusions are without
foundation are evidenced by the fact
that the Sheppard prohibition law en-
acted for the District of. Columbia and
in effect three years, was far more dras-
tic, and yet none but bootleggerS suf-
fered as a result Of its provisions.
For Is years the State of Virginia
has had in effect search-warrant pro-
visions far more drastic, in fact, au-
thorizing the issuance Of search war
rants upon evidence of the mere pos
session of liquor. Montgomery and
Prince Georges Counties in Maryland
bordering the District, have in effect a
similar provision.
I'm other words the Howell bill pro-
poses to afford no such drastic authority
for obtaining search warrants as the
prohibition laws now in effect in all the
territory surrounding the District, or
provided in the Sheppard act, under the
terms of which prohibition enforcement
was exercised for at least three years.
rs any one complaining of the vio-
lations of the sacredneSS Of private
dwellings in the surrounding territory?
Did any one in the District complain of
the search-warrant provisions in the
Sheppard act?
lumbia have evolved a technique that
enables them to conduct their business
in comparative safety under the pro-
visions of the national prohibition law
which authorizes the issuance of a
search warrant only upon evidence Of a
sale. Thus a bootlegger can manufac-
ture in one private dwelling .iom which
he never makes a sale, and in this man
ner evades the danger of search He
can store his liquor in another private
dwelling or apartment from which he
never makes sale. Bootleggers' sales
are in the form of deliveries outside of
the dwellings wherein they manufacture
and store their liquor. They have no
such protection in Virginia, in Mont
gomery and Prince Georges Countess
Md, but they enjoy it and thrive under
1t In the District Of Columbia. It is to
reach such violators that the added
search-warrant provisions in the Howell
hill have been inserted therein.
Aims Bill at BOotIeggers.
eff we are to make Washington a
model of prohibition enforcement we
certainly will have to destroy the boot
legger's present technique. If the bill
is enacted it will be much more diff
cult to get liquor, which, of course, will
not be pleasing to the bootlegger or his
CuSVOIIlcIS.
Senator Howell In support of his
claim, cited section 10 of the Sheppard
act governing search warrants, which
reads In part as follows:
That is, one or more persons who are
competent witnesses shall charge, on
oath or affirmation before the corpora
ton counsel of the District of Column
bia or any of his assistants duly au-
thorized to act for him, presenting that
any person, company, co-partnership,
association, club or corporation has or
have violated or is violating the pro-
visions Of this act by manufacturing of
fering for sale, keeping for sale, traf-
licking In, bartering, exchanging for
goods, or otherwise furnishing alcoholic
liquor, shall request said corporation
counsel or any of his assistants duly
authorized to act for him to issue a
warrant, said attorney or any of his
assistants shall issue such warrant"
Senator Howell also quoted at length
from the laws in Montgomery and
Prince Georges Counties, Md, and the
provisions for issuance of search war
rants in Virginia.
Senator Capper said yesterday that
when the Howell prohibition bill Is taken
up 1t would be considered by the entire
District committee rather than a sub
committee and that he expected hear
L. Il n