Evening star., 1923-05-05
New York Withdraws Aid.

hepedl DS tno New OIh leSlSldlu {
of the state law enacted TO reinforce
the federal statute of prohibition
based upon the eighteenth amendment
is hailed as a victory for the wet side
and as a severe blow to enforcement
of the federal law, not only in New
York state, but in the country at large.
The conclusion, however. that il spells
defeat for prohibition is not war
ranted. That the repeal weakens the
process of prohibition enforcement in
New York is evident. But it does not
mean necessarily that the federal pro-
cedure will be less vigorous there or
elsewhere. On the contrary, with
drawal of the state support in that
quarter entails the obligation en the
part of the federal government to in
crease vigilance there.
New York is wholly within its rights
in repeating the enforcement law. The
federal Constitution having been
amended TO prohibit intoxicating
liquors, and an act of Congress passed
making definitions and providing for
enforcement, the primary duty rests
upon the United States to carry out
the law as thus stated. 1t is always
TO be expected that the states will
make their laws conform to those of
the United States. 1t is not, however,
required that they do so affirmatively.
They must not pass laws that nullify
federal laws Such state statutes would
be, and have been. set aside by the
Supreme Court on the ground of con-
flict and attempted notification. The
Mullan-Gage enforcement law of New
York was designed to aid the United
States. Repeal of it means the with
drawal of that aid.
Only in the degree that federal en-
torcement within the state fails of ef-
feet does the repeal of this statute
signify the restoration of the drinking
privilege. The eighteenth amendment
il not repealed there, nor is the Vol
stead act repealed within the state
boundaries. Federal enforcement be-
comes more difficult without state aid.
There may be more drinking and
liquor selling than before, more fla
grant violation of the law, under a
misconception Of the effect OF this re-
peal, and this condition will call for
the application Of more severe and
stringent measures on the part Of the
United States TO enforce the federal
statute.
The political significance of this ac-
tion is of interest. Most of the repeal
ing votes were cast by democratic
members of the legislature. Most of
The republicans voted in the negative.
Yet the deciding votes in botn houses
were cast by republicans. Upon which
party will the responsibility for the
action mainly fall? That question will
be sharply debated later as the aues-
ton of prohibition enforcement grows.
as many believe ii must grow. into
political issue.
1t does not follow that because the
legislature. in the hurried final session.
voted to repeal the enforcement law
the state at large supports this action.
The question was not direct issue
before the voters at the late election
Ii must now become such, and in the
campaign to come it will assuredly be
prominent in the matters upon which
the people will be asked to vote, at
primaries and in the final balloting.
Encouraged by this action in New
York, the forces opposed to prohibition
will probably seek similar action in
other states, and will move for the re.
peal as well of the eighteenth amend
ment, assuredly modification II not re-
peal Of the Volstead act. There
are two ways to repeal the amend
nent, one by a constitutional conven-
ton, the holding Of which upon the
initiative of two-thirds of the states is
one of the least likely Of all develop.
ments, and the other by direct repeal
ing amendment, adopted by two-thirds
of the Congress and ratified by three
fourths of the states. Modification of
the Volstead act can be effected by a
majority vote in Congress. That, being
the easier way, is likely to be the first
sought. 1t remains now to be seen
whether public opinion on the question
Of prohibition has changed sufficiently
to effect a withdrawal OF the enforce
ment authorization, without which the
eighteenth amendment fails of effect.
There is no substantial evidence of
such a change.