The Elk Mountain pilot., 1923-06-07
SIMPLE CHART FOR GOVERNOR SMITH

THE Eighteenth Amendment imposes upon the States
no constitutional duty 70 pass legislation aid
era law passed enforce the constitutional provision
although when Congress hs occupied the field by lesIa-
ton the States may thereafter pass legislation in
conflict herewith
This elementary lesson fundamental principle of
American institutions has been read President Hard
ing and Incidentally Gov Smith, by eminent New
York jurists.
One of these jurists is E Henry Lacombe former
Judge of the United States Circuit Court Another is
Court of Appeals Another is Almet p Jenks former
Presiding Justice of the Appellate the Second
Department, and the fourth Fox long one Of
the leaders of the New York bar
Their letter is addressed the Governor not to the
President but the issues with which they deal are those
that Mr. Harding raised in Of the extraordinary
communications written by President Of the Unit
ed States II Gov. Smith has been perpIexed by any Of
Mr. Hardngs arguments he safely dismiss them The
President is good and amiabe man but he has
set theory OF which if it were adopted
would destroy the foundations Federal system
The only reasonable that offered for him
is that he did understand the implication of his own
argument thought the State New ought to do
his work for him Of kindness and generoeity
In dealing with the bin repeating the Muan-Gage
law, Gov Smith has nothing consider will
OF the people Of New York He is their governor not
Mr. Hardings The Legislature that repealed
the MulianGage law is their Legislature Mr. Hard
ings Legislature Within the imposed by the
Constitution OF the United States and the Constitution
Of New York they the of their own polite
affairs They under obligations keep a law on
their statute books if they do their statute
books They under obligations to pass a law tc
help the Federal Government enforce that Congress
has passed 1t the business of Federal government
TO enforce its legislation just as it is the busines.
OF New York to enforce its legislation Under the Amer
lean system each is sovereign within field only
subject to the restrictions imposed by Constitution
of the United States and of the States.
New York has power to nuify the Eighteenth
Amendment, but it has duty o help Mr. Harding en-
force an act of Congress the preext Congress
has enacted Legislation that beyond the capacity of the
Federal authority to carry effect The people OF
New York have desire their own courts and
their own administrative machinery the nendacities
Of the Vostead law and If Got Smith goes beyond thai
record he is setting personal standard
which conflicts with all the elementary principles
Republic.
There is little excuse for the Governors going astray
IN this matter In fact he If he faces
the situation squarely What apparently nisled him
is the argument that he advance his own political
fortunes in other states by defyng majority of opin
ion in his own state in regard matter in which the
people of New York every right to translate ..i,
opinion into law
They the judges of their own Legislation Ttey
are not deying the Federal authority They are not null
ng the Constitution of the United States or any act
OF Congress adopted in accordance the Constitution
They accept the right of Congress enact its own lau
for the enforcement Of the Eighteenth Amendment and
of the Federal Executive to carry out the will ~ CO..
gress What they repudiae is fictitious and un-Ameri
can obligation TO do for the Federal Government
according to Mr. Harding. the Federal Government ia
incapable Of doing for itself
That Is all there is the Legal issue that the Pesi
dent raised when he threatened New York with Fedora,
displeasure in the that presumed to reneal a..
act or one OF its previous Legislatures If Gov Smith
Will keep this simple fact in mind his course in resn.c,
70 the repeal Of the Mullan-Gage will chart Itself
~ Y World.