New-York tribune., 1920-11-01
Miller Bares
Smiths Trick
Bid for Vets
Judge Shows Governor and
Legislature Powerless to
Alter Volstead Act; Con-
aress Alone Has Authority
scores False Promises
Republican Candidate, Con-
fident of Success, Goes to
Syracuse Home to Vote

1r,Jce Nathan L. Miller. before leav-
,nr Yesterday for Syracuse, where he
.v,u vote Tuesday, issued final state
,.r. 70 the citizens of New York State.
u. asserted that in his campaign for
che Governorship on the Republican
ticket he had made no promises that
No cannot fulfill and added that the
public shall always know where he
stsnds on questions of public moment.
-or his hid for the wet vote on cam
ns;cn of false promises and false hopes.
"When Governor Smith makes an ap-
neal Of this type he proves he is not a
msn whom we should trust with the
.}estjr;es Of this state, said Judge Mil
jsr. Continuing. he said:
:. There is nothing so base as promises
which dc no. predicate performance
"Ree,ec;ion Of the Democratic candi-
date for Governor, Alfred Z. Smith, is
urged by him and mis- supporters on the
ground that his election would result
In the sale Of light wines and beers,
now prohibited by the act of Congress.
States Cannot Alter Law
The Supreme Court of the United
in which it declared Congress, and
Congress alone. could modify the Vol
stead act, and that the states had no
powers Of amendment whatsoever.
Therefore no act Of the Legislature or
b : Governor Of the State of New York
"a be valid unless it conforms to the
Volstead act. The Governor and the
l. gis.ature of this state are powerless
q give relief 10 those who desire q
podification of the Federal law.
Governor Smith cannot. without vio-
ation of the Cons stitution of the United
ates, meet the desires of those who
wish this notification ANY claim of
Ii sort that either he or his support
srs make is fraud. There is but one
position the Governor of this state and
the Legls stature can take, and that is 10
set in accord with the national Consti-
alton.
"Faithless in one matter, untrust.
worthy IN all When Governor Smith
makes an appeal of this type he proves
10 is not q man whom we should trust
With the destinies of this state.
The Joker" Promise
During his term or Office he has
adroity sought support Of certain
groups in this state by proposed legis-
iation which would be to their bene-
fit but not to the benefit of the people
as whole. He knew he was safe from
the consequences of his acts, for he
knew that the Republican Legislature.
acting for the good of the many, wouid
defeat these projects.
"He has dealt in the past in promises
ne knew were not only Impossible of
realization but undesirable as we'll he
is dealing IN them again at this time in
MI effort to deceive the unthinking
voter.
Y have made 10 promises | cannot
fulfil Will not do so. appeal to
the citizens of this state to stand for
the, and promise that without deceit
or evasion on my part they shall always
Know exactly where stand on all oues-
lions OF public moment
Judge Miller before leaving ex-
pressed confidence in his election: his
manager who have received glowing
reports from upstate, are certain he
VIII not run very far behind the enor-
NOUS plurality which will be rolled un
ior The national ticket.