Evening star., 1923-05-05
j. S. WILL ENFORCE
DRY LAW DESPITE
NEW YORK REPEAL
Federal Agencies to Be
Massed to Replace State
Aid Withdrawn by Act.
FIGHT CENTERS AROUND
GOVERNORS SIGNATURE
Haynes Regrets Backward" Step,
But Plans to Go It Alone.
Vets Hail Victory.

New York's blow at the enforce
ment of prohibition Will throw a
heavy burden on the federal forces
in that state. which will be called
upon to buckle up their belts and GO
| to it."
Action yesterday by the state
| legislature in repeating the state en-
forcement code. the first state in the
Union to take such a step. means. ac
cording to Federal Prohibition Com
missioner Haynes. that the federal
organizat ton in New York will have
to assume a little more responsible
ity, and in the largest measure pos
sible provide federal agencies t.
make up the loss Of whatever CO.
! operation may have been provided Is
the state forces"
First state to Repeal
Vets and drys In Washington. rep
resenting the nationally organized
| forces for and against the prohibition
amendment were agreed THAR the
| votes in the New York Legislature,
constituted a victory for the vets
They differed as to the significance
! of the victory.
Provided Gov. Smith signs the bill.
| repeating the state code. at the pub
| lie hearing to be held at some future
! time. New York will become the third
state in the Union without a prohibi-
| tion enforcement code. The others
are Massachusetts, and Maryland.
Strenuous efforts will be made by
| the government and the drys on the
| one hand, and by the Association
| Against the Prohibition Amendment.
and allied organizations on the other
to influence Gov Smith at the hear
/ ing. The most brilliant counsel on
both sides will be arrayed to contest
the consummation of New York's wet
step.
Vets Are Encouraged.
The Association Against the Pro
Eibitiop Amendment, through Capt.
W. II. Stayton founder and executive
head, issued formal statement
| characterizing the New York action
as "a glorious victory for the ad-
| vocates of personal liberty The ac-
tion, Capt. Stayton said, will greatly
encourage them to renewed energy
for. the repeal of the Volstead act,
which has now been rendered prac-
tically impotent In New York"
Action of the New York legislature
Is merely forerunner Of similar steps
! In other states. according 10 Capt
i Stayton. He said the change of sem
! timent which made possible the New
| York action was due to the complete
! breakdown of enforcement and the
! growing knowledge by people that
the prohibition laws have introduced
greater evils than they have ban
| ished."
Denounced by Wheeler.
The failure of the state of New
York to support enforcement, through
its police regulations" Capt. Stayton
said, 'testifies to the sentiments of
the people regarding Volsteadism, and
foreshadows the day when it will
give place to liberal common sense
Legislation which will be enforceable
because the power of local police
regulations and the will of the people
will be behind it,
| Wayne B. Wheeler, counsel for the
Anti-Saloon League. in a formal
! statement denounced" the action of
the New York legislation. New
| York is in a class by itself" said
Mr.. Wheeler. land furnishes no cri-
terion for law-abiding states on the
! question OF prohibition" adding that
the action was the only Legislative
consolation prize the vets have won
this year"
Up to L. S. Omcers.
Provided Gov. Smith signs the re-
peal bill. many anomalous situations
will arise in the state, according to
officials here.
All state officials have sworn to up
hold the Constitution of the United
States, it was pointed out, but with
the withdrawal of the state code.
there will be no way effectually to
force such state officials to coop
crate with reoeral officers In enforce
ment of the national prohibition act.
The federal officers practically will
have to "go 1t alone" No overt op-
position to the enforcement of the
law could be offered, 1t was said. but
under no statute could a state officer
be brought before the courts on
charge of falling TO enforce the ma
tional act
Federal enforcement officers lack
the power also to deputize assistants
under penalty of law, II was ex
planned. They may obtain 'em-
ployes" of the government to assist
them In enforcement OF the prohi-
| bition act, but they exercise no such
power as Is endowed upon some
|
| gencies deputiZe a whole community
If need be, and hail into court all
| who refuse.
Pending Cases to BE Tried.
The vast amount Of liquor cases In
New York courts under the state
code will stand for prosecution. even
though Gov. Smith signs the repeal
bill, 1t was explained So that the
state may have to continue action
under a law which is repealed No
cases will be thrown out of court on
account Of repeal.
The federal courts. however prom
ise to be heavily jammed in case the
state code Is repealed. as all liquor
cases would then pile up in the United
States courts, presenting another
troublesome phase of the situation.
Suggestions that smuggling would
be greatly increased both from the
coast, and through Canada were met
with statements from government of
ficials that federal forces would be
massed to prevent such an increase.
The government drive through coast
guard vessels against activities of
the rum fleet will be continued, 1t was
said
Prohibition Commissioner Haynes.