The New York herald., 1920-01-08
.RESC|ND DRY
APPROVAL IS
SMITH DEMAND
Governor Surprises Legisla-
ture with Programme for
a Referendum.
AMENDMENT LEGALITY
IN GRAVE DOUBT
Advised State Can Reverse Ac-
ton Before Change Is :,
Consummated.
STRICT ALBANY LINEUP
Speaker Sweet in Opening Assembly
Says Prohibition Legislation Is
Now in Order. :
AMENDMENT LEGALITY
IN GRAVE DOUBT
STRICT ALBANY LINEUP
ESPECIAL DFspArcH no THE HrR.1p.l

ESPECIAL DISPATCH TO THE HERsi.
ALBANY, N. Y, observation-disclosures
smith today in his annual message 10 IN.
Legislature called for referendum vote
by the people OF the State on the entire
prohibition issue and challenges the vote
oy which the eighteenth amendment TO
the constitution was adopted by the States.
Speaker Sweet in his address to the AS
sembly demanded that New York State
take firm stand squarely behind Congress
and the volstead enforcement act in order
that national prohibition in the full pur-
pose and intent OF the eighteenth amend
ment may be enacted properly"
These two opposing views represent the
positions OF the Democrats and Republi-
cans. Inasmuch as the Republicans are in
control of both houses, it is regarded as
almost certain there will be deadlock on
the issue.
Message "BombsheIl.,
The Governors message was the bomb
SHELF which had been predicted would
fall in the opening session, but was only
one OF a series OF sensations which marked
the day. It served chiefly to bring about
an immediate sharp division between the
VETS" and the ''drys" and also to reopen
the whole prohibition issue. which il was
supposed had been embalmed and laid
away so far as the Legislature of New
York Is concerned.
What caused particular comment were
the significant features of the message
showing that the Governor had had coun-
sci re egarding the legal phases OF the fight
on the legality of the constitutional
amendment. It was noted that the Gov
ernor quotes the opinion OF two of the
most eminent constitutional lawyer. In
this State" in calling in doubt the resu-
larity of procedure in the process Of at
"a aching the Eighteenth Amendment to the
constitution. II Is deemed likewise sig
Inificant that THE same eminent counsel
outlined the course which he asked the
Legislature TO adopt, holding that II hs.
tho power to voice such change Cof cir
cumstances or opinion) by resolution OF
rescission'
Tho Governors statement that he is un-
able ITO understand what reasonable argu-
ment can be made against the submitting
TO the people any question that interferes
with personal liberty" raised a loud pro-
test from the "drys" The latter arc here
in full force. ready 10 fight for their en-
forcement measure.
The prohibition fight was precpitated in
both the Senate and the Assembly n1medi-
lately after the reading of Governor Smiths
message. Resolutions calling for rescis-
sion of the ratification of the amendment
in the Assembly were blocked.
Fight I'm senate.
Senator Kenneth T.. Sutherland. OF
Queens. started the fight in the Senate
with the introduction Of resolution which
called upon the Secretary of State Lansing
70 return the Legislatures original notice
OF ratification, and declared for submis-
sion OF the prohibition question to the
people by referendum. Senator J, Henri
Walters, Republican leader of the Senate,
by objection blocked the resolution for
a time, but It was later permitted to b.
introduced in regular order and referred
to the Judiciary Committee.
Senator James J. Walker. Domocra tie
leader. took up the fight for the Suther
land resolution. his own resolution hav-
] ing been blocked.
There is an absolute demand for this
refere ndum." Mr.. Walker said. "No tech
nicality should be allowed TO block H.
The people must be given an opportunity
70 vote on the question"
Measure in House.
rt was arranged that Assembymar
Peter J. Hamill. OF New York. Democrat
would introduce the Sutherland resolution
in the lower branch.
The preamble sets forth that wherein
by reason OF changed conditions arisinr
since such action by the Legisls tuTe 4
seems advisable to reconsider the action
by which such resolution was ratified auc
submit the question TO a vote of The
people"
In the Assembly there was particular
interest In the two women members. IT
Elizabeth Van r. Gillette Democrat. o.
Schenectady. and Miss marguerite l..
Smith. Republican. OF New York. Tho.
viewed the proceedings from behind groa
mounds OF roses.
lGOVERNOR OUTLINES