New-York tribune., 1920-05-21
Hearing Shows
Smith Friendly
TO 2.75 Beer
18th Amendment Drawn by
Persons Not "on Level''
it Entire Enforcement
Rests on u. S., His View
Clashes With Attorney
Declares Mild Variety Is Too
Light To Be Weighed:
Labor Upholds Measure
Attorney
Special Dispatch to TIC -r7o,0.

ALBANY, May 20.-Governor Smith 5
friendly attitude toward the Walker
bill, permitting the manufacture and
sale of 2.15 per cent beer, was thorough-
ly demonstrated in the course Of to-
days hearing on that measure. The
arguments i'll opposition to the bill by
Robert &. Davey. counsel for the Anti
Saloon League, were interrupted fre-
Quently by the Governor.
The state has not the right" Mr..
Davey said. "to enact legislation Of
this kind. The supreme legislative au-
thority rests where it was originally
placed, with the United States govern, '
ment. 1t is question whether the
state is going TO violate the supreme
law Of the land"
The wording of the resolution giving
the states concurrent enforcement pow
ers was interpreted by Mr.. Davey TO
mean the states merely would have the
power to aid in the enforcement of
such dry laws as the Federal goVeln-
ment might prescribe.
Governor Angry
ou want me TO believe SAID Gov
ernor Smith, that the Federal gov
ernment can impose upon the various
states its own Interpretation of what
is intoxicating, and that all the states
can do is merely to concur with this
view.
"Under these circumstances the next
Congress could declare per cent beer
Notwithstanding and the following one
coUid declare per cent beer non-ln-
to&icating, and all the states could 90
would be to sit by and accept these
definitions as they come
Mr. Davey was Of the opinion tina;
any action by future Congress TO
pas legislation permitting the sale of
: or per cent beer would be uncon-
stItutonal. He did, however, affirm that
IN his opinion the Eighteenth Amend
ment places all dry enforcement legis-
lation in the Jurisdiction of the Fed
eral goVC Mment.
"If that is true" declared Governor
Smith, "the Eighteenth Amendment Wa
drawn by some person who was ROT on
the level"
That seems to be q serious criticism
against some very prominent men that
/ would not want to be rcsponsi bic
for" Nh. Davey said
Governor Smith sent his righ. fist
crashing down ON his desk and de
clared:
II am responsible FOR everything
ever said in my life
Good humor was restored when Mr.
Davey commented on the strength of
30 per cent beer He declared its
real strength is $50 as it is sold by
volume and not by weight
TOO Light for Weight
Yes" remarked Governor Smith. at
is too light for weight Canon VIII
lam S. Chase. of Brooklyn, delivered a
broadside against beer declaring st
spoils the idealism Of the BRAIN" He
laid the fall Of the P}ussian Empire at
the door Of the German brewerles de-
claring that beer politics, beer art and
beer literature ruined Germany"
Mrs. T. w. Graham, vice president
of the " oman's Christian Temperance
Union, spoke in opposition to the meas
ure.
Ransom Fl. Gillett, Republican As
semblyman Of Columbia County, de-
tended the bill, declaring the state had
the right to enact its own interpreta
tion Of dry enforcement legislation.
If we cede to the Federal govern
ment the right to pass prohibition
legislation regardless Of the desires OF
the states. we simply nullify our form
of government" he said "The Federal
government is a creature Of the states,
and the states not creatures of the
Federal government. If we should
surrender this sovereignty the Amer