Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-05-31

be in duty bound to keep the Mullan-
Gage law on the books by vetoing
the repeal act of the legislature.
But AL Smith defined his position
on that matter in his letter to
Simeon Fess, senatorzelect from
of the United States, vetoed the
congress can interpret the constitu-
ton by fixing any alcoholic content
it thinks is proper. Woodrow Will
son, the last Democratic president
Volstead act itself and gave Al
Smith a precedent which is of in
calculable influence in the present
situation. Woodrow Wilson, who REL
spected the constitution as much as
anybody in the Democratic party,
Ohio. Al Smith believes the federal
and who, in the literary field, was
known as an authority on consti
tutional government, declined to sign
the Volstead act and did not feel
that he. was weakening the respect
tor the constitution.
So AL Smith, standard bearer for
the moment of Democracy, in the
most populous state Of the union,
can brush. aside the question of
whether it is respectable for a state
to disapprove of a definition which
an act of congress makes and
which the states are empowered con-
currently to define. He can also
brush aside if he likes the argument
that to wipe the Mullan-Gage law
off the books leaves chaos because
1t takes away police regulation on
this subject.
Political Decision Certain
There are, for instance, no state
laws requiring enforcement of the
anti-drug act, nor is there a. state
law against counterfeiting, but the
police officers of the state will ar
rest any fragrant violator of any
law, federal or state, and, of course,
turn the prisoner over to the fed
eral or state authorities as the case
may be.
What, then, will be basic in the
governors mind when he reaches
his conclusions? He will act at once
just after the hearing IS over on
Friday. He refuses to say a word
about his intentions for he is try.
ing to keep an open mind until the
end of the hearing. But all the
things that will be said at the hear
ing can be dismissed as legal and
academic. The answer will be poll
tics, pure and simple. whether Gov !
ernor Smith wants it that way or
not. 1t will influence his mind and
his decision. And here is the po-
litical situation as it affects Al
Smith:
The prospective Republican nomi-
nee, Warren Harding, is 100 per cent |
dry. Will the Democratic party do !
the same or will it heed the upheaval /
in the populous states of the east
where prohibition is the liveliest po-
litical question in a generation?
AL Smith has been impressed by |
the fact that the solid south cleo !
torate vote, plus the votes of New |
York, New Jersey, Massachusetts, !
land, would be about enough to elect !
a Democrat president of the United !
States. Would the solid south stick?
The south, it is answered, would
stick by a program of letting the
states individually fix their own min
imum alcoholic content, which is
what Governor Smith said in his
letter to Mr.. Fess, of Ohio. What
other issue is there? What other
chance have the Democrats but to-
take advantage of it? This is the
way the leaders of the empire state
democracy, including Al Smith, look
1T the national political situation.
Would AL Smith increase his
chances of becoming the nations
standard bearer on that occasion?
If he has any chance at all, it is by
staying wet" for if the Democrats
prefer to take the dry side of the
dilemma they would take another
candidate who hasn't the wet" rec
ord of AL Smith. Most every man
wants to be president who has
achieved the prominence that AL
Smith has. He ends his political |
career if he keeps the Mullan-Gage
aW on the bookS-for Tammany will
De divided and will desert him, ard
ne could neither depend on their
support at the next national conven-
ion nor on the argument that he
would surely carry New York states
electoral vote. If he isn't ambitious,
ne will veto the repeal. People of
New York state who know AL Smith