New-York tribune., 1921-01-13
Governor Says Enforce
ment of Prohibition Is
States Duty, Although
People May Oppose 1t
Peace Officers to
Compel Obedience
Two Measures Presented
TO Meet Recommends
Observation-Disclosures
From q staff Correspondent

ALBANY, Jan. Ex-Governor Miller
tonight asked the Legislature to pas.
a state enforcement act conformable
to the Volstead act He also urged the
adjustment of the Excise Department,
The repeal Of the per cent beer bill
and other acts at variance with the
Federal dry law
He said that the prohibition act was
being openly and notoriously violated
and outlined the propositions which
should govern those charged with the
enforcement of law. who, he said.
should be peace officers and prose-
cutting attorneys, as is the case with
other laws"
The Governor said that he was not
unmindful that it is difficult to en-
force such a law in community where
public opinion does not support it's en-
forcement. Then he added:
"But we have nothing to do with the
policy or wisdom of the law"
Suggests Bureau
He suggested that certificates Of
manufacture and sale Of Intoxicating
beverages for medicinal and other legal
purposes be issued by bureau of the
State Tax Department, as an aid to
enforcement.
THE honest enforcement Of the law
may lead to its modification" said the
Governor. "The tolerated disobedience
of it can only breed disorder and Gre
ate contempt for all law"
Senator John Mullan. OF Rochester,
and Assemblyman Bert Gage, of Wyo-
ming, introduced two measures carry
ing out the principal recommendations
of the Governor
One writes the Volstead act into the
law of the state, while the second spe-
cifically imposes on District Attorneys,
members OF the police departments Of
the various municipalities and other
local officials the duty of enforcing the
law.
Provides for Damage Suits
A third, the Mullan-G Gage bill, pro-
vides that an individual or firm who
sells or gives away any Intoxicating
liquor may be sued for damages by the
purchaser if he should suffer financial
ly, physically or mentally because of
the purchase
The Governor declared that the Fed
eral government. without cooperation
from the states, can enforce the law
only at tremendous expense and with
an army of agents in every state.
That manner of enforcement" ne
added, will strongly tend to break
down state power, the maintenance of
which is essential to the preservation
Of our scheme of governm ent."
The message follows: "The open ard
notorious violation of the act passed
by Congress TO enforce the Eighteenth
Amendment of the Federal Constitu-
acts of corruption committed in con-
nection herewith, and the scandalous
contempt for law engendered thereby
require prompt measures to promote
law and order, and to restore as far
as possible respect for law by COM
pclling obedience to law.
Prohibition Reality
Certain propositions aithorita tively
settled by the United States Supreme
Court should govern our actions,
namely:
Il. The Eighteenth Amendment is
operative throughout the entire terri
torial limits Of the United States,
binds all legislative bodies, courts,
public officers and individuals within
those limits, and of its own force in
validates every legislative act-whether
by Congress, by a state Legislature
or by a territorial assembly-which
authorizes or sanctions what the Sec
tion prohibits.'
"2. The concurrent power to enforce
the amendment conferred on Congress
and the several states does not en-
able Congress or the several states to
defeat or thwart the prohibition. but
only to enforce. it by appropriate
means
"3. The Volstead act is the law of
the land, universally operative regard
less of action or inaction by the states.
"a. The amendment prohibits the
manufacture, sale, Transportation, i'm
Continued on noxt paps)