New-York tribune., 1920-01-05
Governor Decides to An &ait
Supreme Court Ruling
Both ON Amendment and
Volstead Enforcement
Lively Fight Is Expected
Republicans in Legislature
to Oppose Short Ballot
and Other Proposals
BY Denis Tilden Lynch

- A~uA uoyS putting tuS PoiiSuiAE
touches to his annual message to the
Legislature, will not make any recon-.
mendations concerning prohibition.
The Governor, who was an avowed
"wet" when he made his fight for Gov.
ernor, is still opposed to prohibition
in principle; but he takes the position
that nothing can be accomplished until
the Supreme Court of the United
States has passed upon the question
raised in the suits brought to test the
legality and constitutianaliy Of the
Federal "bone dry" amendmen and the
Volstead act.
This decision was arrived at by
Governor Smith after a conference
with one of the foremost jurists of the
state, former justice of the Supreme
Court. Nevertheless there is strong
tendency among the Democrats and the
wet" Republicans to attempt to put
through law legalizing the manufac-
ture and sale of beers and ales. The
'wets" think they have enough votes
to put through such measure and are
debating the wisdom of introducing
the legislation before the United States
Supreme Court passes upon the ques-
tions raised by counsel for the brewers
"Drys" Have Milder Bill
Inc uIyS nave dOaHOOneQ the en-
forcement bill of last year and will
offer milder measure at this session.
The "dry" bill, which will be intro
duced by Senator George F. Thompson,
of Niagara, was drafted following a
recent conference between Senator
Thompson, William H. Anderson,
superintendent of the Anti-Saloon
League and other "dry" leaders.
The measure will not provide for any
L.
leave the question of enforcing the
provisions of the law to the various
subdivisions of the state.
THE bill this year." said one of the
''dry" leaders who was at the con-
ference, "will define an Intoxicating
beverage in the language of the Vol
stead act-that is, anything potable
containing more than one-half of one
per cent of alcohol. We decided to
tiil providing for the enforcement of
the act by the present excise depart
ment under the name of the State We'll
fare Commission. We have left the
enforcement of the law to the various
communities of the state.
ut was in this manner that the local
option laws were made popular. A,
first. when the localities went dry
there was a sentiment against the
strict enforcement of the law. AS q
result, those caught selling liquor were
at first acquitted by the juries and the
law was winked at by those charged
with its enforcement. But in time the
people became educated up to the
real worth of local option and iuries
began to return verdicts Of guilty, and
then its violation ceased We hope thus
to educate New York City and the other
wet spots in New York State"
The "wets," however, will fight any
attempt to put through any sort of
enforcement bill, and claim that they
have enough votes to stop it. Repub-
lican leaders, it was said, will not stand
for any referendum on the liquor ques-
ton, as it was recently reported they
might. Thaddeus G. Sweet, Speaker Of
the Assembly, said tonight that he was
opposed to any such measure
Governor Smiths message will bs
sent to the Legislature when it con
venes here Wednesday at noon. In il
the Governor, it was said tonight, viii
recommend the enactment of laws pro
viding for:
1. A shorter ballot providing for
the election of the Governor and
Comptroller, an executive budget
and consolidation of the existing
1877 departments, bureaus and COM
missions of the state government
into sixteen departments.
2. The curbing of the activities of
the "Rcds."
3. The adjustment of the State
Military Training Commission which
superviscs the military training of
all boys between the ages of sixteen
and nineteen years, and transferring
its functions, in modified FORM to
the 6tate Department of Education
!. The creation of State Milk
Commission.
5. The adoption Of pay-as-you-go
policy on public improvements.
6. The conservation Of the states
water power and its development by
.the state and the leasing of the
power to individuals and municipali-
ties.
Z. Municipal ownership Of public
utilities.
8. Higher pay for state employees
10 as to enable them to keep pace
with the increased cost of living.
g. The abolition of the Narcotic
Drug Commission and TRANSFERRING
ITS functions to the State Depart
ment of Health.
~. The abolition of the State
Council OF Farms and Markets and
he restoration Of the State De-
partment of Agriculture.
i. Health insurance for workers
minimum wage for women and
children, an eight-hour day for wom-
bringing women Office workers
under the jurisdiction Of the state
iapor act and providing for the ex-
tension OF the Workmen's compensa
ton law TO victims Of occupational
sdisea4eS.
Fight Is Expected
There promises to be liyeiy row he
tween the Governor and the Pepub
Iicans on many of his recommenda
lions, especially with regard to tn,
shorter ballot and other state govern
stscnt changes. These measures oy;o;
rated with Republicans at the Stat.
constitutional Convention of 1915. AM
INC Republicans stood ready to pn
through the entire program AZ late
recommended by the Governors Re
construction Communion, but received
80 encouragement.
Speaker Sweet and Senator J. Henr,
Walters, president pro tempore Of thu
upper house, and other state leader,
e1eC1ded at recent conferences in New
York City that II any such measures
we're adopted by the present. Legisla.
tnre they would bear the Republican
hallmark.
The big bill Of the social welfare leg.
tslatign-the health insurance measure
(which 10 included in the Governors
3eE1HtAt5ve Df0HYam. Max n Isn n ye< xx,os,