Evening star., 1945-03-21
Delay Only Surprise
In La Guurdiu's S Action
Constitution Can't Be Abrosated
Even in Wartime, Writer Says

Constitution Can't Be Abrosated
Even in Wartime, Writer Says
By David Laurence
The surprise in Mayor La Guardias
disregard of the midnight curfew which
the Federal Government is endeavor-
ing to impose is not that he modified 1t
to l o'colck but that he didn't do it
sooner.
For when the Federal Government
without authority of Constitution or law
attempts by hints of penalties and in
direct pressure to exercise police power
over cities or States it can hardly be
expected that such action will receive
100 per cent acquiescence.
Many persons who do not have .
fundamental understanding of our sys-
TEN of government-and who, like many
persons in Germany, acquiesce IN any
thing the Government does as being
right-believe mistakenly that there Is
no such thing as Constitution In war
time. Totalitarian states like Germany
the head of the state says is law, but
the Supreme Court of the United
States has repeatedly said that the Con-
stitution cannot be abrogated even in
time of war.
To those who ask If it be realized
that there's a war on" and hence the
Constitution must be disregarded as
military necessity, the answer is there
Is Congress in session, and State
legislatures can be called into session
and, furthermore, the city governments
are still functioning.
One Reason for Fighting.
One of the reasons Americans are
fighting this war Is to defend their
system of government against en-
croachment, and If folks begin to say
government by law can be dispensed
with through Federal edict they are
manifesting lack of confidence In the
process of representative government.
The merits of the curfew are not the
issue. If the morals or behavior of the
populace were to be considered, then
perhaps an argument could be made
for abolishing all places of amusement
or restaurants where liquor is served.
To close them at midnight Is not as
logical as to close them altogether. But,
it is contended the purpose of the cur
few wasn't related to morals or drink
ing but merely to the saving of elec-
trio light and fuel and manpower
This is little hard to understand,
for there are many amusement places
that would have gotten along with
lamplight or candlelight. AS for fuel,
they do not need any when the spring
and summer months come around any,
way. And as for manpower, many Of
these places are employing walters far
above the draft age.
These points merely emphasize that
voluntary law has to be backed up by
convincing arguments. Whenever a
plea for restraint is made on the ground
that such restriction is needed for the
war effort it is important that the plan
be accompanied by data that will really
persuade the people instead of raising
doubts.
Prohibition Recalled.
AL this would not have been 50 diff
cult for the Federal authorities if the
Nation had not so recently adopted
and then repealed an amendment to
the. Federal Constitution specifically
depriving the Federal Government OF
any authority over the policing of the
States or cities on the liquor problem.
Also the country recalls how the pro.
hibition movement led to the worst
crime wave in our history through the
installation of speakeasies. bootleggers
and racketeers in profitable tax-free
business. At least today the local au-
thorities can see into drinking places
and police the behavior of their patrons
and can collect taxes
Nor is the night club" matter wholly
concern of the chronic drinkers or
habitues. Millions of servicemen on
furlough come to New Yorkb and may
be there only few days. lie theaters
close around l1:l5 and IL sd pm. The
jam in subway and taxi traffic caused
by the midnight curfew doubtless did
add problems involving more instead
| Of less manpower, and hence, an ex.
tension to one o'clock probably eases
! the congestion.
But there is one principle Haich has
long been imbedded in our governmental
experience. 1t is that uniformity Of
police ordinances cannot be achieved
due to lack of uniformity in conditions
| from coast to coast and in the size Of
| cities. 1t would be most unfortunate
| If Mayor La Guardias fidelity to duty
and local authority in the largest city
| in the Union we're misconstrued as de.
fiance. 1t means rather that having
studied all the facts, he does not con.
slider the adding of an hour to be in.
terfering with the war effort, and un.
der the Constitution he has that right.
It would be grave mistake for the
Federal authorities to impose petty
penalties now to reach indirectly what
they cannot in law do directly.
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