New-York tribune., 1920-03-15
$50 Beer Harmless as
A Su1dae, Says GilIett
Taking Cue From Anderson, Colonel Writes to All
Assemblymen Likening 1Oo Wine to Cider and
the Volstead Act to ssSkunk at a Lawn Party
Territory Of Alaska. tho Canal Zone,
the Philippine Islands and other such

Territory Of Alaska, tho Canal Zone,
the Philippine Islands and other such
places.
No Power In N. Y. State.
Congress does not have exclusive
power to make laws for New York
State. does it? You know 1t does not.
stances where the power Of New York
State is greater than the power Of
Congress in New York State. One
instance is levying taxes on the land.
Landowners of New York State never
paid land tax to the Federal Govern
ment and the Federal Government can
never compel them to 80 long as our
Federal Constitution remains as it is.
$50 Congress has no exclusive power
nor any other power to legislate for
New York State on the land tax ques-
tion anyway.
"Nor has it exclusive jurisdiction to
legislate for New York State on the
prohibition question either, because the
Eighteenth Amendment reads that the
Congress and the several states shall
have concurrent power to enforce the
prohibition of the sale Of Intoxicating
liquors for beverage purposes
"You know in your own mind that
concurrent power does not mean eX-
elusive power, don't you?
"Of course, you do. You don't even
have to look it up in the dictionary.
$50 you must conclude that we, as
holding the same kind Of job in the
state that our Congressman hold in the
nation, have to do something to carry
out the directions of the Eighteenth
Amendment because Congress has only
concurrent power to act with US.
"You know 2.75 per cent beer and 10
per cent wine are not Intoxicating, and
so cannot be classed as Intoxicating
liquors.
"Just because the Federal Congress
thinks they are doesn't make them So,
any more than the state of mind Of
Congress can make black white or
white black.
Congress Made Mistake
"1f Congress made mistake in the
law, which they had the exclusive
right TO enact, that is no reason why
we, exercising and putting into effect
a concurrent power should blindly
follow them in their error, is it?
mo one has greater respect and
veneration for the Congress of the
United States than have, but that
veneration and respect must not blind
us to the errors Congress commits.
Our duty is to see those errors and
correct them as best we can accord
ing to our lights.
ut looks to me as though we could
do one Of three things:
81. Pass the Volstead act as state
law, knowing as we do that it is un-
workable, unenforceable and about as
popular with the people of this state as
skunk at lawn party; or,
"2. Pass law embodying our own
experience and knowledge as men and
citizens Of the greatest and richest
state in the federation of states; or,
"3. Pass the buck.
eve ought not to do the first because
we all know the Volstead act is wrong
in theory and unenforceable in practice.
eve ought to do the second because
that's what the state pays us to do
and our constituents expect us to do.
And /. for. one, don't want to see
any more buck-passing for the rest of
my natural life in the army or out
Of it, whether it be on a question OF
responsibility for disobeying an order
or referendum on light wine and beer.
Will Encourage Temperance
The bill will give the poor man the
same opportunity to indulge his per
sonal tastes as the man in better cir
cumstances; it will encourage temper
ance; it will eliminate the saloon; it
will raise $6,00O,000 of revenue for the
state; it will enable those of US who
want to put in barrel of cider or q
case of beer to do it without becoming
CRIMINALS; 1t will assert the right Of
our state to government after a ne
rlod when to win the war we cheer
fully agreed to a Capitalization of
power in the Federal government that,
II continued in, leads straight to autoc-
rlacy, and we will have done our duty
IN that state of life to which it has
pleased God to call us.
III you have read this whole letter
you have done a fair days work, and
l thank you"