The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-11-05
FRIDAY. NOVEMBER S, 1920.
The Programme of the Next
Governor.

NstttEhOgs
Judge MILLEI's statement of inten
tions with regard to the primary cleo
ton law Is prompt and TO the point.
He will urge the abolition of the State
wide direct primary and recommend q
return TO the old and thoroughly Amer
lean system of nominating State and
judicial officers.
The Republicans in the last Legis-
lature attempted to effect this change.
They were blocked by Governor
SMITHS veto, one Of the great mis-
takes Of his career.
Here Judge MuAER's position Is in
full agreement with the platform of
the unofficial Republican State con-
yention last July. The Republicans
at Saratoga declared for the restora-
ton OF the State convention as re-
sponsible agency for selecting party
candidates, for strengthening party
leadership and for insuring the per-
Torrance of party pledges. Judge
MIILEI's position is likewise in agree
rnent with that which this newspaper
has held ever since the Statewide pri-
mary was projected and its folly and
futility became evident.
A specifically plausible theory OF
representative selection has been put
to experiment and has proved itself TO
l,a much loce raprocanfo 4i.-n .tbo, ~,
old open convention Of delegates chosen
TO choose. No measure of supposed
electoral reform has ever had fnrer
trial It's lnordinate cost 10 the tax
payers. It's pernicious fecundity as a
breeder of facticnal disputes and its
utter worthlessness us substitute
for the convention system or a remedy
for what was wrong in that system
are now generally recognized. IL tho
DRY 1t is the finest thing ever devised ::
in practical operation il Is a miserable
hunlbuc and failure More power 10
the elbow of Judge MII.LER when as
Governor and party leader he calls for
the scrapping Of the direct primary
for State and judicial officers!
Not quite 50 clear Is the merit Of
Judge MILrEB's proposal with regard
10 prohibition enforcement. There Il
a possibility that he may be misun-
derstood when he says that what we
must do is to see that our laws are
enforced by the police power Of the
State and not by the Federal Govern
znent; and that he Is against the
present invasion Of the State by n host
Of Federal officials" enforcing the Vol
stead acr.
What invudes The state and per-
mits the host OF Federal officials 10 OPP
crate within It's boundaries Il the yet
unexplained decision Of the Supreme
Court, substantially multiplying state
police power In the matter of the ca
forcement OF the Eighteenth Amend.
ment. Although the amendment was
ratified by New York and the sister
commonwealth on the understanding
that the power Of enforcement by ap-
propriate legislation was 10 be con.
current as between Congress ana the
several States. as Section Of the
article distinctly provides, the courts
unreasoned opinion practically takes
away oil concu.rency md substitutes
complete subordinatlon of state log
islatlon to Federal legislation.
Albany can leglslate OF course til
the cows come home, but it can legis-
Late only that which Washington has
already legisl0ied; or, in the absence
OF specific enactment by the Congress.
It can leglslnte as 10 method or detail.
either in the defipitiou Of Hntox'cat.
Ing LIQUORS" or ia the manner of en-
forcement only with the certain
knowledge that its laws will bc parn
lyzed BY the action Of Congress when
ever Congress turns its attention toI
the subject and takes different view
Of legislative proprlety.
Thus the anomalous situation Isl
bsctd 10 persist until either the su-
preme court Clarifies the Obscurities
OF It's Interpretation or the force Of
public opinion brings Congress to n
revision OF the present Federal Inv.
AS the amendment stands under the
decision, the power is all IN the Con.
gress. Surely, the organization OF
state liquor constabulary and the ne.
tempt ut exclusive enforcement by
state authority would not diminish
by millimeier the extent Of Federal
jurisdiction. IT would not exclude the
hosts OF Federal officials operating
here II Federal legislation thought
best 20 keep them on the job These
are conclusions suggested by no other