The New York herald., 1920-01-17
STATES MENACEG |
BY PROHIBITION, |
BAR IS WARNED
Senator Thomas Tells State As
Sociation That Further Federal
EncroachmentS Are Probable.

Declarations that the prohibition amend.
ment to the constitution OF the United
states challenges the integrity OF the State
ana that the democratic Institutions OF
the country are not adapted to the eradica-
tlon OF Bolshevism by forcible means were
made and approved al the afternoon and
evening sessions yesterday of the thirty
fourth annual meeting OF the New York;
State Bar Association in the assembly
chamber Of the Bar Association, No. "
West Forty-fourth street
Resolutions urging President Wilson and
the Senate TO come to a speedy agree
ment upon the terms Of the treaty OF peace
ana such covenant as may make future
wars less probable and recommending o
the state Legislature the passage of an
aot to provide for a convention to forInu-
late rules to govern the practice in civil
proceedings i'm the courts of the State
were adopted. A resolution approving the
inquiry into the status of the five Social.
lists expelled from the State Legislature
was made special order OF the day for
this afternoon.
Henry w. Taft, president of the ASSOC
Iciation. presided at the morning and after
noon sessions in the association rooms
and at the evening session in the Astor
Hotel. Mr.. Taft spoke in the afternoon on
some Responsibilities Of the American
Lawyer" and Senator Charles S. Thomas.
of Colorado. spoke in the evening on Fed
leral Encroachments, warning that State
Sovereignty was declining. One hundred
lawyers from all parts or the State at
tended the sessions.
Many Hcnr Mr.. Thomas
large crowd heard Senator Thoua.
at the Astor in the evening. In part ba
said
Many new activities have been under
taken with the approval or by the invita-
ton of the States, which too readily sur
render their prerogatives 10 the Congress.
thus avoiding the expense and the effort
required for their exercise. The federal
treasury has become the agency for this
,transposition Of power, with appropria-
tons as the watchword and diminishing
local government as the consequence This
condition is not credita BILE either to Amer
ican spirit or American patriotism, but il
exists and is progressive. So general has
It become that the measure of legislative
authority seems to be the will or dis
cretion of Congress.
But the people have recently made a
radical departure from legislative to con
sututional encroachment. The event IS
embodied in the Eighteenth Amendment
quite as important and possibly destined
to prove as far reaching in it's political con-
sequences as the war between the section
Now. as then. the question is disturbed
II not controlled by its association with
a great moral, social and economic prob
lem. winch arouSeS passion by appealiu.y
to the emotions, which divides public sep
timent ard diverts attention from the
major issue to itself. The extinction OF
the liquor traffic is not the issue. but the
incident to it. The latter involves the .re-
pudiatio1 of a fundamental principle oC
the constitution, whose overthrow the
states may not ultimately survive.
Nv Whatever may be saaid in behalf OF ma
tional prohibition. and I am in hearty
sympathy with its purposes, and can tes-
tify TO IT'S social. moral and economic
value in the States which have. accepted
it, the Eighteenth Amendment not only
changes but revolutionizes the original
structure OF the government. 1t en-
groaches upon the reserved powers Of the
States and of the rights of the people
thereof under State constitutions and laws
and equips the national government with
power TO enact laws for its enforcement
in every quarter of the national dominion
II substitutes the national for the State
constable. the federal for the State court
the federal for the local jury in all that
pertains 10 the manufacture distribution
or consumption of alcoholic bevera res
II does this in States which have rejected
as well as in those which have accepted
the amendment"
Would Educate Against BoIshcyism
Further simplifcation and the expedi-
ton OF court procedure to obviate the
imperfections on which radicals base at
tacks upon the American form OF govern
ment were urged in the afternoon by NJ
Taft. condemning Bolshevism declaring
education rather than force should bc
rallied on for its eradication.
Our cherished American commonwealth
is not beyond the reach OF the cunning
and insidious propaganda Of Bolshev-
ISM Mr.. Taft said. Indeed. not alone
among the ignorant classes. but also
among the dreamers the parlor Social
lists. the uniformed philanthropists and
lazy emotionalists its vicious teachings
are already breeding and some govern
ment repression cannot probably b.
avoided! But our Democratic institutions
are not well adapted to its eradication
by forcible means. Education of the peo-
pie as to the character of the movement
and it's inevitable results will be much
more effective
Unfinished business will be taken UP this
morning and there will be a general dis
cussion on "The Administration of the
Law in Respect of the Poor" The after
noon will be devoted TO the reading OF
further reports. n paper by Francis NJ
Hugo and the election of officers and
new members. In the evening the annual
dinner viii be held in the Astor Hotel =