New-York tribune., 1922-11-25
Friends Say He VIII Put
IL Up to Legislature to
Learn Peoples Stand
ON Dry Enforcement
Repeal Measures
May Be Ignored
Action, Regardless of Re-
suits, Will Make Him
Stronger Here, Is View;
ThenC Comet OtherP Iedges

GOVernOf-SlSCLr oullLH, VINO IS III
the South on short vacation, will
send to the Legislature either in
his first message or in special
message, it was reported yester-
day, recommendation for refer
endum to determine the sentiment
in New York State for and against
the Volstead law.
His friends said the proposed
referendum, which they expect will
be embodied in the message to the
Legislature, probably will carry a
statement with reference TO the
unworkableness of the Volstead
law and provide for an appropria-
ton for q commission to investi-
gate and report on it's operation.
It is understood that Assembly
man Louis Cuvillier will introduce
on the first day of the session
bill to repeal the MuiIan- Gage en-
forcement law, and that a Brooklyn
Democratic Assemblyr1afl will in
troduce similar measure. Whether
the new Governor will pay any
attention to these measures; intro
duced without consultation with
him, is doubtful.
Blamed for Lawlessness
The friends of the Governor-elsct
say that either a bill or resolution
setting forth alleged facts, blaming
upon the volstead law and its alleged
inefficient enforcement unrest, discon-
tent and disregard of all pensl laws,
will have the baekings Of Gdyernor
! Smith, and that the bill will carry g
referendum clause to register the
opinion of the voters of the state en-
prohibition as it exists.
The wet plank in the Democratic
state platform this year is as follows:
Recognizing that the Eighteenth
Amendment to the Federal Constitu-
tion expressed in the Volstead act has
resulted in widespread contempt and
violation of the law, in illegal traffic
in liquors and in official corruption,
we insist upon Congress enacting such
modification of the Voistead act as
shall legalize, subject to the approval
of the people of the State of New
York, the use of beer and light wines
under such careful restrictions as were
imposed by the law passed in New
York in 1920" sf
The wet plank in 1920, when Mr..
Smith was Governor, was:
"We favor an amendment to the So
called yolstead act, that will make
operative the act passed by the state
Legislature and signed by Governor
Smith defining Misunderstanding bev-
erages and providing for the regula-
tion of their. sale. We favor an amend
ment to the national Constitution
whereby all amendments to the Con-
stitution of the United States here
after proposed shall be ratified by 9
referendum of the whole people and
not by the LEGISLATURES of the several
states' -
Gillett Urged Repeal
The Walker Gillett bill, passed while
Mr.. Smith was Governor, provided for
the manufacture and sale of 2.75 bear,
but the law never fully funetioped, be-
cause it was in conflict with the Vel
.iSyGaQ dGt.l IL UIlAiiy was ISPedlSA ny
the passage of the Mullan-Gage oct.
Mr.. Gillett, Republican, is state coun-
sci to the Association Opposed to The
Prohibition Amendment. ION election
night, in statement sent to che news
papers, he said: -
slour 6rst effort will be TO repeal
the Mullan-Gage law in this skate.
Whether Colonel Giilett has abam-
aoned his plan after consulting with
Governor-elect Smith is not known. He
is on record as saying that the ksegis~
lature might properly memoriAlise Com
gress asking for modification of the
Volstead act.
A concurrent resolution would not
go TO the Governor, bue a bill would.
The friends of the Governer-elect who
think that repeal of the kullan-G Gage
! act would be an invitation to the boot
leggers of the country te Come 70 New
York and that their coming would
mean widespread violation of the Vol
stead act have warned the Governor
elect that the people as q whole will
not stand for any such repeal On the
other hand the vets who contributed
to his $4,000 plurality in the state
say, that if he possesses courage he
will smash the MulIan- Gage law re-
gardiess of the probable sinpotency Of
the state to break down a Federal law
based on the Eighteenth Amendment
and this is what they will demand Of
him.
Would Make Him Ssromgsr Here
! Ii the friends of she Governor~eIect
lscorrectIy represent his mind, he is dis
posed TO show ths the Empire State.
led by its Democratic Governor, is
eager to lead the way in an assault on
the Volstead act regardless of whether
or not he brings up against the Federal
courts. They say that whatever he
aves against the yolsfead law will
make him stronger In his home State.
Great interest attaches to the Pre-
posed Showdown" the next Governor
has in mind. The Democrats conceds
that with the Eighteenth Amendment
and the yolstead and Mulian-Gag
acts the laws Of the nation and state,
the situation Is full Of Che utmost diff
fcalty for Mr.. Smith, but In the same
breath they agree that Smith was
elected en- the general understanding
that he would hit blow tor the wwts