New-York tribune., 1922-10-31
State and Governor Are
Powerless to Legalize
Wines and Beer; Must
Enforce Law, He Says
Pledges City-Wide
Five-Cent Carfare
Contrasts Own Record
in Stabilizing Transit
Will, Failure of Rival

Governor Miller opened his CAM
paign in New York City last night
with a denunciation Of his Demo-
cratic adversary's stand for light
wine and beer, which he character
lied as dishonest" and by an ar
raignment of Ex-Governor Smith for
the difference between his actions
while in office and his present pro-
fessions Of policy on the city's trac-
tion problem and the Port Authority.
Governor Miller promised also, if
reelected, to re-establish five cent
fare for transit from any place in
the city to all other points in New
York.
Referring to the statements made
two years ago, that If he were
elected there wauld be return TO
the blue laws, the Goveraor told big
audience at Public School lis, in the
Bronx, that two years have gone by
and the people know whether these
appeals were honest or dishonest.
"a similar appeal, equally dishonest,
is now being made in somewhat differ
ent fashion," said the Governor, touch
ing on the prohibition issue for the
first time in the campaign. "The allur-
ing hope is held out by the Democratic
platform and by the Democratic candi-
date for Governor that if he is elected
the people can have light wines and
beer. 8,
Promise Branded as Deceptive
''He knows, you know and every In
gteiligent citizen knows that whether he
is elected OF whether l am elected
can have no influence whatever upon
that question, that the Governor of this
state and the Legislature of this state
cannot, IL they would, give the people
of this state light wines and beer.
They might, it is true, violate their
oath of office, but every one knows thst
the Constitution of the United States
and the act of the Congress of the
United States is surs eme over anything
which che State of New York might OF
could do.
.If any one has any doubt on that
subject he merely has to look to our
sister state across the river, where a
campaign was waged two years ago
precisely upon the same kind Of prom.
ise that the Democratic candidate OF
this state is now making the people.
Every one knows that the State of New
Jersey, like every other state in the
unioHy-is precisely in the same position
with respect to light wine and beer as
when that false promise was made.
refuse to deceive the people. If nv or
ponent wishes to do Sc he is welcoms
to take that course.
Neither an act of the Legislature.
=" ~ cr'S S->r >-t etafa nonst;.r
tion nor any referendum to the peopie
ms ~ y - 49,. n
in the slightest, or amount to as much
as gesture, and the man who
Is seeking votes on the pretense
that it would, merely insults the In
teliigence of those to whom that an
peal is made" continued the Governor.
For two years have been the Gov.
ernor of all the people of this state,
regardless of race. creed or color,
undertaking impartially TO give every
one a square deal, TO respect my oath
of office, to obey the constitution and
to enforce the laws, and il reelected
shalt continue TO administer the laws
impartially, without fear or favor"
Charges Smith With Flopping
The Governor then turned his guns
on his opponents underwriting of the
declaration in the Democratic Plat
form in favor of the regulation of pub.
lie utilities wholly within municipal
lty by that municipality, asserting that
Mr. Smiths record as Governor is
wholly ut variance on this point with
the policy he is now enunciating.
In his first message to the LeeisIa.
ture he said that there were many wi,o
believed that the function of construct
lng rapid transit roads for the CITY of
New York.--notice the use of the word
Tor, not by should be divorced
from the function Of regulating public
utiiity corporations generally said
Goyernor Miller. "And he SAYS he
thinks that experience has demon
strated that those who believe that arc
right. He then proceeds to state his
view. he says 1t is my belief that tho
subway rapid transit system of the
CITY OF New York can be built better
and quicker under the direction of q
rapid transit commissioner whose en-
Iire time, brains and energy would bc
aeYo1ea 70 the completion of the sub
way system. The regulatory function.
also a5ga Qarfoents by Il siryls
public service commissioners
Now noeice. he l.. there deaHny
with two subjects, one the regulatnrsg
powers, the other the constructioy
power the power to construct rsni,s
transit systems. The rarulatpru
powers, the power to regulate rates
and service, are ~art g t',e sol;sa
power Of the state and inhere In
the state Legislature, alw... nasa.
been exercised BY the State, Legislature
and never have been delegated to or
exercised by q municipal authority.
Construction Purely Local
The other power. that of construct
ing rapid transit for to use his word
or by to use the word Il would pre-.
fer, the city of New York is primarily
local matter, and the only reason
why that power was ever lodged in 4
state body was that IL was coupled with
the regulatory power, for the reason
that, TO be effective the two needed Is
be exercised together. Ii they were to
be Separated Of sil. powers I'd Be
exercised by the losSlly the power