Indianapolis Times, Volume 41, Number 73, Indianapolis, Marion County, 5 August 1929 — Page 2

PAGE 2

the afternoon end to the evening. Then for & year while I built up a practice of law in the day, I supplemented Cl truthfully might say supported) this infant practice by teaching Americanization classes in the Macey street night school in the foreign quarters of the city. Practiced Without Pay As public defender, appointed without salary, by the mayor and city council of Los Angeles, I gained valuable court experience trying hundreds of cases of every character. When the war came, I was named chairman of the legal advisory board, with a large staff of lawyers, handling cases under the draft law. Certainly the whole period of my legal education and early practice was of a nature calculated to lay a foundation of sympathy for what Is termed the “under dog.’’ While since 1921 I have been responsible for the direction of prosecutions under the Volstead act, I have had many other duties in no way connected with prohibition. Attorney-General Mitchell, in accepting my resignation, with both truth and generosity, said: “I think your prohibition work unduly has submerged your other accomplishments in the public mind." Runs Gamut of U. S. Law He undoubtedly was referring to the volume of work before the supreme court of the United States, where, in number of cases handled, my record is fourth among members of the American bar. These cases have not been confined to prohibition. but pretty well have run the gamut of federal law. In point of service I long have been the ‘‘oldest’’ assistant attorney-general and at various times I have been called upon to administer practically every position in the department, except that of solicitor general. My division has grown from the smallest, with but three assistants, to the largest, with more than 100 in the immediate staff and several hundred In the field. We have not only at all times supervised prohibition cases, but for various periods have carried the responsibility for matters arising under interstate commerce, all agricultural laws, federal insurance, including war risk insurance and the veterans’ bureau, litigation growing out of independent treaties, immigration, admiralty and all federal taxation cases, and prisons. A single phase of my other work should furnish ample proof of the fact that all my mental processes can not v.-*ve been submerged in the extermination of the liquor traffic. During just the last year ray office has handled nine tax cases before the United States supreme court, eight of these having been decided in favor of the government. We also have prepared and argued 175 cases in the ten circuit courts of appeals throughout the United States, and court of appeals of the District of Columbia, and have directed or reviewed 413 other cases involving tax matters in which the government was interested to the extent of hundreds of millions of dollars. Stung by Bigot Charge To the charge that I am a bigot and injected the religious issue in the last campaign, the unstinted faith and support of my many Catholic friends is the best and pei - haps the only reply. For intolerance i and bigotry are motives of the heart and lie deep. It. so chances that the man most responsible for securing my appointment by President Harding is Frank Dohertv, an attorney of Los Angeles, a Catholic. When the cartoons were picturing me as a sort of modern witch burner. I could stand it no longer and called Frank one Sunday afternoon and said, “Surely you and Sarah do not believe these things of me?” And with the friendly reassurance in his warm Irish voice, all my “front” collapsed. I laughed later as I paid the bill for my record long distance and most expensive “cry.” What satisfaction my weakness would cause a lot of folks who thought I was “leather-necked.” I do enjoy a real clean fight, political, legal, or otherwise, but most of us have a vulnerable spot where we really can be hurt and the charge of religious intolerance found mine. I have said enough—perhaps too much—about myself. But if what I am t-o say about prohibition, the most controversial question in the public mind, is to receive fair hearing. there first must be presented a basis for belief that my opinions and my actions are not those of a zealot, unguided by facts and reason. Why talk about prohibition at all? j As Vital as Slavery Certainly I have no overwhelming desire to force acceptance of my views. I have lived so much of prohibition for the last eight years that sometimes I wish I never might hear of the subject again. But it is no more possible to avoid prohibition discussion than to avoid breathing. In every newspaper every day of the year, on every street corner where people stop to talk, at every afternoon tea party, in every social gathering of any kind involving any class of society, one subject recurs time after time and is of universal interest. No political, economic, or moral j issue so has engrossed and divided j all the people of America as the pro- i hibition problem, except the issue of slavery. There were and are millions and millions of people who have not the slightest conception of or interest in the tariff, important; as that subject really is to every citizen. There are millions of people who take only small notice of the great problem of international disarmament and the security of nations against war. It’s Foremost Subject Millions of good citizens are totally unaware of national immigration policies. But ninety-nine of one hundred people, whether children in high school or graded school, or men and women in the vigorous or declining years of life, have definite and aggressive views on the wisdow or folly of prohibiting the manufacture and sale of intoxicating liquor, end the methods used to bring about enforcement. It seems proper to me, therefore, for one who has given eight of the “best” years of her life to an effort to enforce prohibition, now to reveal the facts of the situation, and give an opinion resulting from such facte and experience. I hope they may help to a clearer, less emotional, view of the national problem.

I shall endeavor to answer some of the questions in which the great majority of the people of America ! are interested vitally. I shall not discuss the wisdom of adopting prohibition as a national ; policy. Such argument is not timely. The essential fact is that imbedded in the Constitution of the United States is the eighteenth amendment. “Section 1. After one year from ratification of this article, the manufacture, sale or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from, the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. "Sec. 2. The congress and the several states shall have concurrent power to enforce this article by appropriate legislation.” Congress has enacted certain laws to give effect to that part of the Constitution. The arguments for and against prohibition as a national policy can be found elsewhere. Many Questions I propose to leave those arguments to others and to devote myself to answering such questions as these: Is the prohibition amendment or law unenforceable? Is there a legal substitute for prohibition of all intoxicating liquors? Is prohibtion enforcement effective, or is it losing in effectiveness? Who is responsible for nonenforcement of the prohibition laws? Are the best methods being employed in the enforcement of prohibition? If not, why not? Is it justifiable to take human life to enforce prohibition? Should there be more “rigid” enforcement; additional thousands of prohibition agents; more severe penalties; enforcement of the law against the man who buys a half pint or quart of whisky for personal consumption, as well as against the man who sells it; searches of homes, either with or without warrants; the use of the army and navy to aid in prohibition enforcement; denial of the right of jury trial in minor cases of infraction of the prohibition laws? What about the Jones amendment? Are the enemies of the eighteenth amendment and prohibition enforcement winning their battle? What is the prospect for prohibition enforcement hereafter? Can prohibition be made “popular?” Is the effort, rightly termed a “noble experiment” by President Hoover, doomed to failure? Where Are the Leaks? What are the big “leaks” under prohibition enforcement, as we now have it? Can our cities be “dried up?” Is there any cure for the defects of prohibition enforcement? On the answers of the great body of American citizens to these questions within the next few years depends the ultimate fate of the eighteenth amendment. When the people are sure whether we actually can have prohibition enforcement, then they will decide whether there shall continue to be a prohibition amendment and prohibiton laws. We have not yet had effective enforcement of prohibition. (In the next installment Mrs. Willebrandt will discuss the greatest obstacle to enforcement: Politics.) DRUNK-MAD NEGRO SHOOTS MOTOR COP

Drunkenness, Disturbing Peace and Vagrancy Charged. John Scott, 38, Negro, of 2552 Shriver avenue, who terrorized residents in the vicinity of Michigan and Blake streets and wounded motor policeman William Englebright when the latter and motor policeman Charles Bemauer sought to arrest him Sunday night, was held today on charges of drunkenness, shooting within city limits and vagrancy. Scott fired his shotgun at the policeman, and several of the shot struck Englebright in the face. Bemauer's coat sleeve was ripped by the bullet. Scott was subdued with nightsticks. Heavy Rains Delay Travel Bu Vnttrii Prcxs LOS ANGELES, Aug. s—Trains and automobile on several transcontinental routes were delayed greatly ’fcs the result of heavy rains which swept the foothills of desert regions in southern California, southern Arizona and Utah Sunday night. Damage was limited to washed out bridges and approaches.

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