The Washington times., 1931-01-20
BACKS
MOVE FOR
REPEAL
Ada l. ComstoCk in Favor
of Revision; Sees Federal
Control the Best System

edy this situation. We think
this work ought to be resumed.
and that the whole series Of
statutes, with such amend.
ments as may be called for to-
wards better enforcement,
should be put into single, thor
OughIy revised statute.
"SOme have urged upon us
the importance of uniform
State laws. Undoubtedly the
State laws are very diverse.
But a uniform State law in aid
of the national prohibition act
could hardly be procured to be
enacted in a number of the most
pOpulOus States. Nor does 1t
seem feasible as to the remain
ing States. Local conditions are
so divergent :"
In a somewhat ambiguous par.
agraph the Wickersham Commits
sion treats Of the highly contro-
verted subject of search and
seizure" which is covered in the
Constitution, something else than
the Eighteenth Amendment and
the Volstead act. In effect, the
report admits there has been q
lessening of espionage as to
home brewing" and indirectly
this is approved and it also
indirectly disapproved any altera-
ton of Federal law respecting
search and seizure, the report
reading:
more latitude for searches
and seizures has been urged by
many. No doubt the difficult
ties in this connection have
had much to do with the aban-
dOnment of Federal activity
against home making of wine
and beer. Also the limitations
upon search and seizure have
undoubtedly hampered investi-
gators and special agents in
every connection. But apart
from constitutional questions,
too much resentment and irri.
tatiOn is likely to be provoked
by changes which would give
to enforcement of national pro-
hibitiOn greater latitude than
is permitted with respect to
other laws.
I'VE do not think it advis-
able to alter the Federal law
with respect to search and seiZ-
ure, assuming that it would be
possible"
Nav Effect Howell Bill
This conclusion may have ef-
feet upon the Howell bill, now
before the Senate, which opens
up the search and seizure priv.
lege to all members of the Wash
ington police force where it Is
suspected that contraband liquor
is stored.
The WickerSham report dis
cusses at length the congestion
in the courts" attributable to
prohibition as we'll as other laws,
and it reasserts that congestion
in the Federal courts continues
to be a major problem" More
judges and prosecuting attorneys
are suggested.
After further rather academic
discourse upon the prohibition
problem the Wickersham report
concludes:
"If there is to be a revision Of
the eighteenth amendment the
following requirements should
be met:
Asks for Elasticity
"The revision should be such
as to do away with the absO-
lutte regidity of the amendment
as it stands. It should give
scope for trying out further
plans honestly with some margin
for adjustment to local sltua-
tions and the settled views
of particular communities. 1t
should admit of different modes
or types of prohibition, or con-
troll in different localities in
case Congress approves. II
should aim at keeping control
in the nation and committing
details and initiative to the
States.
ut should be such as to con-
Serve the benefits of the pres
ent situation by national and
state repression of saloons and
omen drinking places and YET
permit, where demanded Dy
public opinion, an honest, gen
eraI or local control of manu-
facture or importation and dis
tributiOn, consistent with the
minimum demand which other'
wise. in very many localities at
least, will tend to bring about
a regime Of notification or de-
fiance of law. 1t should aIlOW
of attempts by general or ma
tiOnaIIy approved local systems
oF control to do away with the
enormous margin OF prOIlE
which is at the bottom OF
widespread corruption and gem
eraI IawIessnesS. 1t should al.
low of aIlaying the sources OF
resentment and irritation dl'
rectIy and in accord with the
sDirit of the law instead OF
impeIIing to courses inconsistent
with the spirit, if not also the
letter of the law, and inviting
disrespect for the legal order
ing of society. 1t should allow
of adjustment to local public
opinion so as to do away with
the strain on courts and prose
cutting machinery involved in
the attempt to force an ex!
treme measure Of universal TO-
tai abstinence in communities
where public opinion Is strongly
| opposed thereto.