The American issue. [volume] (Westerville, Ohio) 1912-19??, 1920-11-19
empire STATE VOTERS
START Big Y-CLEANING
Governor Smith, Wet Nurse to
Rum interests, Goes Down
in Utter Defeat
JUDGE MILLER ELECTED
Governor Elect Recommends
Enactment of Code Conform
ing to Federal Law

New York drys won a decisive vic
tory in the election of Judge Miller to
the governorship. Governor Smith
who stood for reelection, was sup
ported by the liquor interests be-
cause OF his declaration favoring the
manufacture and sale of beer and
wine.
Smith signed the fake law enforce
ment measure passed by the last Leg
islaturc which purports to legalze
the manufacture and sale OF 275 per
cent beer.
Judge Miller unequivocally de-
clared in favor of the enactment of an
enforcement measure in accord with
ths national dry code and for the re-
peal of the fake beer bill After his
election Judge Miller issued the fol-
lowing statement:
Governor-clect Miller's Statement
an view of the fact that there is a
Federal enforcement law applicable
generally throughout the nation,
favor, and shall recommend to the
Legislature, legislation in conformity
with the Federal lay, prohibiting the
manufacture or sale OF beverages con-
tanning more than one-half of l per
cent of alcoholic content. This is
manifestly the proper thing for a law
abiding commonwealth like the state
of New York to do.
Favors Enforcement by Police
with reference to the mechanics
involved in the enforcement of the
law, where it is the business of our
own police powers to enforce law, |
am strongly in favor of having our
own officials do it, and not depend on
the Federal government. Personally,
l think it is somewhat deplorable
that there should be state of mind,
if there is. that complacently permits
fragrant violation of law by city and
state officials and leans on outside
agencies for an enforcement of those
same laws. Police officials charged
under the law with the enforcement
of law should vigorously uphold the
law. When such an official fails to
do his sworn duty in that respect he
should be removed, and all such Off
Gals should be removed. as soon as
their dereliction becomes apparent.
when I was campaigning on the
northern border, l learned beyond
the slightest doubt that there was
fragrant violation of the Volstead act.
Hundreds of persons have for months
been running alcoholic beverages
across the Canadian border, and they
have become suddenly rich from this
illicit business. Doubtless there will
be bootlegging for some time, but as
suredly fragrant and open violation of
the law of the land can be prevented,
if the appointing powers put the right
sort of men on guard. There is no
doubt whatever that many agents
charged with the upholding of the
enforcement law are in league with
the law breakers, and largely profit
ing by it.
Would Dispense With Federal Agents
"Of course, the state cannot prevent
the Federal government sending en-
forcement agents into the state to en-
force the law If, however, the state
law is honestly enforced it might OBJ
viate the necessity of having an
army of Federal agents quartered IN
the state. and it would be expected in
that case that Federal agents need
not be sent where there is nothing
for them to do. Concurrent power
as defined by the United States courts
means the power to enforce. Inc
state has the same power as the ma
ton. except that it cannot contravenc
the Federal law"