The Birmingham age-herald., 1923-08-19

judge was given justice in the form of a two-year prison sentence.
 One young violator thought 1t would be a good plan to cultivate the acquaintance of a girl clerk in the office of a state prohibition di- rector and to obtain her help in stealing letters, telegrams and other documents from the office to aid him and his friends in selling large quantities of whisky. He did 1t sue cessfully for a time, but now he is serving ten years in prison. He is also under indictment for paying a bribe of $6,500 to government agents.
 Two brothers, whose case at tracted wide publicity, are determined bootleggers. They did an immense business smuggling liquor from the Bahamas. They were caught and one of them tried to kill e prohibit tion agent. They were tried, con- victed and sentenced to prison, but they carried on for a time their smuggling business even after sen tence had been passed,
 So reads. the record. These typical stories could be multiplied many times, for the federal government is reaching the "big operators"-the shieher ups"=with ever increasing success. One finds upon the Roll of Dishonor proud old names long worn without stain or blemish now close linked with names that have been a by-word in the demi-n1onde of half hundred cities. One finds names that once epitomized honor and power and community esteem. steeped in the same befouling brew with the names of thieves. thugs and murder CTS. The Illegal liquor traffic is as an open sewer polluting all who en- ter therein.
 The States Ana The Union.
 What do you understand by sup porting the constitution of 6 state or of the United States? Abraham Lincoln asked at Jonesboro, H., dtT- ing the course of his stirring debates with Douglas.
 "Is it not to give such constitu tional helps to the rights established by that constitution as may be prac- ticalIy needed? Can you, if you swear to support the constitution, and be- lieve that the constitution estab- fishes a right, clear your oath with out giving 1t support?
 Do you support the constitution, if Knowing or believing there Is right established under it which needs special legislation, you withhold that legislation? Do you violate and dis regard your oath?
 T can conceive of nothing plainer in the world. There can be nothing in the words, Support the constitu- tion,' if you run counter to 1t by re- fusing support to any right estSb- lished under the constitution.
 Lastly l would ask, Is not Congress itself under obligation to give leg islative support to any right that IS established under the United States constitution? A member of Congress swears to support the constitution of the United States, and If he sees a right established by that constitu- tion which needs specific Legislative protection, can he clear his oath without giving that protection?"
 And again, four weeks later, at Quincy, H., during the same series of debates, he continued:
 If you withhold that necessary leg islation for the support of the con stitution and constitutional rights, do you not commit perjuray? I ask ev- cry sensible man if that is not SO. That is undoubtedly just so, say what you please"
 Jefferson Davis Views Recalled
 What Lincoln said 65 years ago seemed so true as to be automatic. During all the years no responsible man in official position arose to question the soundness of his doctrine until the early summer of 1S2S, when a great state repealed the state pro hibition enforcement law. Even Jeff
 
 secession and later President. of the Southern Confederacy, found no quarrel with Lincoln's great pro nouncement.
 T hope" said MT. Davis in his fare well address to the United States Senate, that none whos hear me will confound this expression of mine with the advocacy of the right of state to remain in the Union and to dis regard its constitutional obligations by the nullification of the law. Such is not my theory. Modification and secession, so often confounded, are, indeed, antagonistic principles"
 Thus we find the leaders of both unionism and secession In the great the firm conviction that so long as a state remained in the Union 1t was the duty of the state to uphold the constitution by the passage of ap- propriate legislation.
 Applying this doctrine to the Eigh- teenth amendment and to the situs tion created in New York by repeal of the state enforcement law, we find the lamented President Harding asserting in his address at Denver, June 25, 1923:
 Ut is curious illustration of loose thinking that some people have proposed, as a means to protecting the fullest rights of the states, that the states should abandon their part in enforcing the prohibitory policy That means simply an invitation to the federal government to exercise powers which should be exercised by