Evening star., 1923-06-02

orous provisions as to search and
seizure.
1 make no criticism of this action
on the part of the Legislature, but !
am entirely unwilling to admit the
contention that there was put upon
the state. either by the eighteenth
amendment, the Volstead act or the
United States Supreme Court decision
any obligation to pass any law adopt
ing into the state law the provisions
of the Volstead act. Learned Jurists
who have given the best years of their
lives to judicial service in this state
have SO advised me. Leading MEM
bers of the bar of other states concur
fully in this belief. Advising the
electorate of the state OF Massachu-
setts, every living former attorney
general of that commonwealth. as
well as many of her distinguished
lawyers. said:
TIE eighteenth amendment gives to
eight states the concurrent right to
enforce the amendment. This is not
command, but an option. 1t does
not create a duty"
| have read thousands of letters and
| have listened to the fullest discus
sion, and no one has pointed out TO me
any provision of the Constitution or
of the statutes or any decision of the
United States Supreme Court which
imposes upon our state any constitu-
tional duty to maintain state enforce
ment act, and ! am satisfied that as
a matter of law this contention does
not admit of doubt.
Deals with Three Glasses.
/ am dealing with three classes of
people, the radical drys. the radical
vets and those who hold moderate
views on this subject. The drys seem
to see a moral duty on the part of
the state to maintain an enforcement
act. They are undoubtedly led to this
conclusion by their own frame of
mind, because they do not suggest
that the state maintain an act merely
enforcing the eighteenth amendment
in accordance with the wishes of the
majority of the people of the state.
but they insist that there be a state
enforcement act exactly paralleling
the Volstead act.
Congress made its determination as
to what constituted an intoxicant.
This state decidedly disagreed with
that determination. After all is said
depreciation of the eighteenth amend
ment by any class or group of our
citizens, under our form of govern
ment we look to the courts for the
Interpretation which we must all fol-
low. While legislative bodies make
the laws. the courts must construe
them and we are bound by the con-
struction put upon them by our
judicial tribunals. The United States
Supreme Court said: THE power con-
fined to Congress by the eighteenth
amendment is in nowise dependent
ton on the part of the several states
or any of-them."
Holds Congress Responsible.
mount, it's responsibility must be
paramount
Expanding this idea. the state
ment signed by the attorneys general
of Massachusetts adds:
Qualification, as defined by the
highest authority. is the action of a
state intended to abrogate within its
limits the operation of federal
law"
This no one proposes to do The
mere omission to maintain a state
statute in no way abrogates a fed
eral statute. 1t seems to me that
effectually disposes of the loose talk
about the notification of the Con-
stitution by refusal of any of the
states to enact separate statutes.
Inasmuch as il would be physi-
cally impossible for me to make an
swer to all of the communications
received by me from citizens of our
own state as well as from other
states who have sought to guide and
advise me in this matter, l would
IKE. as Il VI lily
of their efforts, to deal here with the
considerations urged by them, As
well as with considerations urged in
one or all arguments made at the
hearing.
Let me first say what the repeal
of the Mullan-Gage law will not do
its repeal will not make legal a
single act which was illegal during
the period of the existence of the
statute.
VIII Not Mean Liquor.
Many communications L have re-
ceived and arguments that have been
made to me indicate a belief that
manufacture. sale and distribution
of light wines and beer. So far as
that is concerned it will still be
under the control it is today, subject
to the provisions of the Volstead act
Repeal of the Mullan-Gage law will
not bring back light wines and beer
The Supreme Court of the United
States said:
THE Constitution. laws and treaties
of the United States are as much the
part of the law of every state as its
own local laws and constitution"
That means that after repeal there
will still rest upon the peace officers
OF this state the sacred responsible
ity of sustaining the Volstead act
with as much force and as much
Nisol as tHeH "Oulu ENFORCE anN
state law or local ordinance, and
shall expect the discharge of that
duty in the fullest measure by every
peace officer in the state. The only
difference after repeal is that TODAY
the police officer may take the of
fender for prosecution to the state
court, to the federal court. or to
both. After the repeal of the Null
lan-Gage law the prosecution must
be where 1t belongs-in the federal
court. In law and in fact there is
no more lawlessness in repeating the
Mullan-Gage law than there Is in
the failure of the state to pass
statutes making it a state crime tc
violate any other federal penaI
statute.
Must Enforce VOlstend Act.
Let it be understood at once and
for all that this repeal does not in
the slightest degree lessen the obli.
to enforce in it's strictest letter the
Volstead act. and warning to tina,
effect is herein contained as comine
from the chief executive of the state
of New York.
At this point. with all the earnest.
ness that I am able to bring to my
command, let me. assure the thou
sands of people who wrote to me or
state. generally, that the, repeal OF
the Mullan-Gage law will not ant
can not by any possible stretch OF
the imagination bring back into ex.
istence the saloon, which is anC
ought to be a defunct institution in
this country. and any attempt at it:
re-establishment by a misconstruc'
ton of the executive attitude on this
bill will be forcefully and vigorously
suppressed.
What Repeal VIII Do.
Let me now say what the repea
of the Mullan-Gage law will do.
Its repeal will do away entirel,
with the possibility of double jeop
ardy for violation of the law elforc