Evening star., 1952-02-12
Why Drug PeddIers Come Here

Narc0G1cS commissioner AnSllnger mas goOQ
reason to voice alarm over the increasing difh-
Guilty in driving narcotics peddlers out of Wash
ington The laws have been strengthened here,
but strong laws are of little avail, he has told
Congress, if Federal courts continue to make
their enforcement unreasonably difficult. Ger
tainIy his men have found it much harder to
obtain warrants and get convictions in the Dis
trict, where Federal laws apply, than in the
States. Virginia and Maryland, for example, have
been SO tough on the dope rackets that many OF
the big operators in the adjoining States are
reported to have taken refuge in Washington
The influx was confirmed by Mr. Anslinger in
testimony before House Appropriations sub
committee. Something must be wrong with
system of law enforcement that encourages law
violators to seek haven here.
earch-and-Seizure safeguards of the Consu-
tuition have been more rigidly interpreted in the
Federal courts than in State courts the commits
sioner told the committee. Mr.. Anslinger cannot
fairly be accused of holding these safeguards in
low esteem. His agents are trained to observe
all constitutional rights, in whatever jurisdiction
the men may be operating There has been no
indication that the courts of Virginia and Mary
land are trampling on the rights Of citizens. yet
the records show that drug enforcement in those
States is far more effective than 1t is in the Dis
trict And the drug peddlers know it.
Mr.. Anslnger agreed with committee MEM
ber that the recent case of Joseph L. Bearer was
an example of crippling court rulings here. In
this case narcotics agents were tipped of by
New York authorities that known peddler, with
q record of six convictions, was flying to WASH
ington with what was believed to be large con-
Signment of heroin. The agents met the plane
and arrested Bearer in an airport automobile
Although they had no warrent the agents testi-
fed that the suspect permitted them to search
his baggage. They found a quantity of heroin.
District Court Judge Burnita Matthews threw
the case out because no warrent had been OBJ
tanned in advance. Mr.. Anslinger told the sub
committee he was sure the case would have stood
up in, for example, Maryland court
Perhaps there weuld have been time IN this
ease to apply for warrant, but even so, there
was no assurance that one would have been
issued on the basis of the tip from New York.
Generally, warrant will not be issued unless
an agent has actually purchased dope from
peddler The United States Commissioner here
says he must be guided by the attitude of the
Federal courts-and this attitude, if the Bearer
case is indicative, is one of leaning backward
when the opportunity to crack down on crime
presents itself But if State courts, without vio-
lating constitutional rights, can make things so
hot for drug peddlers that they move to the
District to carry on their vicious traffic, it Is
hard to see why the Federal courts cannot do
the same. This is not an argument for the
abridgment of constitutional rights. It is pro-
test against judicial attitude that Is needlessly
converting the Nations Capital into happy
hunting ground for dope peddlers gamblers and
variety of other predatory racketeers.