The New York herald., 1921-01-13
GOVERNOR INSISTS |
ON A DRY STATE
WITH RIGID LAW
Instructs Legislature to
Draft Copy of Volstead
Act for New York.
ARRAIGNS VIOLATORS
Asserts Contempt for Pres
ent Federal Statute Can
not Be Tolerated.
ASKS LIQUOR TAX REPEAL
All Police Resources Must Be
Brought to Bear to Halt
Bo0tlegging.
ARRAIGNS vIOLATORS
ASKS LIQUOR TAX REPEAL


New York Herald Bureau.
Albany, Jan. 12.
Strict enforcement Of the Federal
prohibition act may lead to its modifi-
cation, Gov. Miller told the Legisla-
ture tonight in a special message ask
ing for the adoption Of a State law
modelled after the Volstead law. Only
disorder and contempt for the law can
be created by tolerating open dis
obedience, the Governor stated. Con-
ditions which have developed since
prohibition became the law OF the lana
cannot be allowed to continue unless
the State itself wishes to breed law
lessness, the message states.
The Governor demands the most
rigid enforcement possible. All the
police resources Of the State must be
brought to bear 20 stop bootlegging.
the Executive urges. BY enacting the
volstead law as the State statute all
county and municipal constabulary
and police forces will be assigned spe-
cifically to cooperate with the Federal
officials In ending the manufacture
and sale of intoxicants. These forces
have been notably lax In giving aid.
statute Looxe1y Enforced.
The police in New York would be
accountable for the liquor enforcement
law In the metropolis. a responsibility
they have largely escaped under the
loose application Of the Federal statute.
the Governor says It follows that the
Governor would have authority. under
such law as he advises. 10 hold the
municiual authorities accountable for the
enforcement
II merely state a generality IN the
message" the Governor explained TO the
correspondents. commenting on the mes
sage. "It Is generally recognized. be-
lleve. that the surest way OF proving the
unpopularity Of law is its enforcement
Nothing can come of simply disobeyins
the law"
what Is your own position--do you
believe the law should be modifiedT' he
WAS asked.
II am not stating my personal POSI-
tion. I am speaking generally of any
law, enforcement as we'll as any other
law" the Governor said.
Asked whether he believed policemen
should have authority to enter saloons
a thing forbidden by William J. Gaynor
when Mayor--to get evidence. the Gov
ernor said that Was an entirely different
subject on which he would not comment
The Governors Message.
His message Is as follows
THE open and notorious violation Of
the act passed by Congress to enfore
the Eighteenth Amendment Of the Fed
eral Constitution. the serious crimes and
fragrant acts of corruption committed In
connection herewith. and the scandalous
contempt for law engendered thereby
require prompt measures to promote law
and order and TO restore as far as pos
slble respect for law by compelling
obedience to law.
"Certsin propositions authoritatively
sett ed by the United States Supreme
Court should govern our actions.
namely:
IL. The Eighteenth Amendment lis
operative throughout the entire terri
toriai limits Of the United States, binds
all Legislative bodies. courts. public off,
GERS and individuals within those limits
and OF its own force invalidstes every
legislative act--whether by Congress. by
n State Legislature or by a Territorial
Assembly--which authorizes or sane
tions what the section prohibits.'
"2. The concurrent power to enforce
the amendment conferred on Congress
and the several States does not enable
Congress or the several states TO defeat
or thwgrt the prohibition. but only 70
enforce Il by Appropriate means
"3. The volstead act 10 the law or the
land. universally operative regardless of
action or inaction by the States
-. The amendment prohibits the
manufacture. sale. transportation. i'm
portation and expectation OF intoxicat-
ing liquors for beverage purposes.
"5. The Volstead act defines intoxicat-
ing liquors as those containing ono-half
OF one percentum or more OF alcohol by
volume which are ft for beverage pur-
poses.
The Question Mt Issue.
ct take II that thcre can be no differ
ence OF view upon the proposition that
the present liquor tax statute OF this
state should be repealed. at least In so
far as II conflicts with the Volstead act
The question. then, arises whether fur
ther action should be taken by the Leg
isisture and n so, what?
mo action OF the Legislature can
make the volstead act either more or
less binding. The act is the law and
so long as II remains on the statute
books will continue to be the law bind
Ing on every one In the State irrespec-
tive OF any action the State may take
or fall 10 take. The solo question is
whether the state should adopt meas-
ures 20 aid In the enforcement OF the
law.
AFTER careful consideration. have
rec ched the conclusion that the state
should itself aid In the enforcement of