Evening star., 1923-10-20

the state constitutions lay a SINH
lar obligation upon their COVER
nors.
Questin of DUTY.
The Constitution and the laws
are perfectly plain, and the direc-
tions which they contain to the
President and the governors are
equally plain. The country ought
to know all this. 1t ought to
understand just what duties the
laws have imposed. 1t ought TO
comprehend that when laws have
been made there is, and can be,
no question about the duty of ex-
ecntiveS to enforce them with such
instruments and by such means
as the law provides for securing
enforcement. They have no al
tentative. They cannot be criti-
cized for doing their duty. This
is not political question; 1t can
not be made political question.
If there be any principle which
has been established by time, by
common consent. by the unquali-
field assertion of fundamental and
statute law, it is that executives
are the law-enforcing officers of
this ma atom If this were not so
there would be no warrant for the
present gathering. l can conceive
but one opinion on this, in which
every responsible element must
concur.
No provision of the eighteenth
amendment, or the national prohi-
bition act. contemplates any sur
render of state responsibility.
Under them prohibition becomes
obligatory in all states, for the
constitution and the laws made
in pursuance thereof are specffi-
cally declared by the federal Con-
stttution to be the supreme law of
the land. They are binding upon
every inhabitant. But there still
remains to the states the power,
specifically reserved in the eight
eenth amendment, to pass enforce
ing acts, and there is still on them
a Joint responsibility to enact and
execute enforcement laws. which
may not always be exercised, but
which can never be avoided.
The complementary duty to en-
forcement of the law is obedience
10 the law. That rests with the
amendment prohibits manufacture.
transportation. sale. export and
import. These are the commercial
activities. Trade in Intoxicating
liquors for beverage purposes is
especially denounced. 1t is in this
field that most of the difficulty
exists. The main problem arises
from those who are bent on maxi
ing money by an Illegal traffic in
Intoxicating liquors. If this could
be eliminated. the rest would be
easy.
Temper of People.
These problems must be taken
directly to the American people.
This government is their govern
ment, these laws are their laws.
They have formed, their govern
ment and enacted their laws. with
all due solemnity. to promote their
welfare and protect their liberties.
They are not nation of inebriates.
they are not a people who can be
charged with being hypocrites.
They have no patience with an
archy. They are a sober, frank
and candid people. They have re-
spect and reverence for duly con-
stituted authority. TO them the
iamental national characteristics
are not going to be changed. These
fundamental conceptions are going
to remain permanent. The great
body of the people are thoroughly
law abiding. This great law-abid-
ing element of the nation is en-
titled to support and protection.
/ propose to give that support and
protection to the limit provided by
the Constitution and the law of the
, land against every lawless ele-
ment. The executives are required
to enforce the law.
The machinery for the enforce
ment of the law is that supplied
by the acts of Congress and the
acts of the state legislatures. That
machinery must be used to the full
%F vi ~ tn ha
enforcement of the law. 1t is. GER
tainly my own purpose SO to use
1t. The people are going to con-
tinue to yield obedience to the law.
This principle will continue to
prevail, whenever the American
people shall pass judgment upon
1t, because IL is the foundation of
all their institutions.
We can only make progress with
these problems by their frank and
candid consideration. They are
not going to be decided by preju-
dice. They are not going to be
answered as result of political
intrigue. They are not going to
be determined by extremists on
either side. They are not going to
be solved in accordance with any
sordid motive. They will yield to
the calm and clear Judgment of
the American people, through
determined expression of their
high moral purpose. The law rep
resents the voice of the people.
Behind 1t, and supporting 1t, is a
divine sanction. Enforcement of
law and obedience to law, by the
very nature of our institutions,
are not matters of choice in this
republic, but the expression of a
moral requirement of living In ac-
cordance with the truth They
are clothed with a spiritual sig
.nifiance in which is revealed the
sIife or the death of the Am arican