Perth Amboy evening news., 1923-05-16
HARDING URGES
STATE BACKING
President Writes Letter on
Prohibition Repeater Pass
ed by N. Y. Legislature
SEES SERIOUS CONFLICT
Difficult Situation if Federal
Government Must Act
Alone
SEES SERIOUS CONFLICT

NEWBURGH, n. Y, May 16--
Repeal of state prohibition enforce
ment statutes is likely to result n
more or less conflict between state
and federal authorities in the
opinion of President Harding. The
views of the chief executive with
respect to state enforcement were
expressed in a letter to Wesley Wait
of this city, made public today.
In his reply President Harding
wrote:
Pending the approval of the
Cuvillier bill by Governor Smith tais
mater is hardly to be regarded as
having reached the stage where any
federal authority is called upon fcr
a determination of national poiicIes.
With much of what you say l am
fully in accord. Mr.. Lincoln said
at the time when slaverly was still
a recognized, established and &C.
cepted institution throughout a con-
siderable part of the Union that the
nation could not exist half slave and
half free. That expression mss been
accepted ever since as presenting
the obvious and conclusive logic of
the situation which then confronted
the Union. Certainly it would have
been still more impressive II there
had been at that time a constitu-
tiona. provision against the liquor
traffic.
The nation has deliberately, after
many years of consideration, adopt
ed the present policy which is writ
ten into the eighteenth amendment.
1t is the law of the land and of
every state within the Union. So
long as it remains the national poll
icy, there can be only one course
for the national government to pr
sue, That is to use every means to
make effective the law passed IN
compliance with this constitutional
mardatc. To do this will De- tie
unqdestioning policy of the present
administration; and 1 may add that
I an, firmly convinced that = must
be the policy of other administra
tions that shall come hereafter.
"The executive of the nation and
equally the executives of the states
are sworn to enforce the constitu-
tion. 1t is difficult to believe that pub
lie approval will ever be given to any
other than a policy of fully and lit
orally discharging this duty. 1t does
not seem fitting, however, TO enter
upon a discussion of situation
which has not yet arisen. 1t will be
obvious that many complex and ex-
tremely difficult situations must arise
if any of the states shall decline to
assume their part of the RESPONSE
bility of maintaining the constitu-
tion and the laws enacted in pursu-
ance of it. The states are equipped
with police organizations and judi
cial establishments adequate TO deal
with such problems. The Federal
government is not thus equipped.
II venture that if by reason of
the refusal or failure of any state
to discharge its proper duty in such
connection, the federal government
is at length compelled TO enter upon
the territory and jurisdiction of the
state and to set up those police and
judicial authorities which would be
required the most difficult and try
ing situations would inevitably arise.
More or less conflict between state
and Federal authorities would seem
unavoidable in such circumstances.
The impression would seem TO be
created that the federal government
was assuming to interfere with the
functions of the states, and the dis
tressing results that would ensue
readily suggest themselves"
Soon after the passage by the New
York legislature of the Cuviller bill,
designed to repeal the Mullen-Gage
state enforcement laws, Mr.. Wait
wrote to the President, urging that
federal officials be prepared to take
immediate action in the event Gov
ernor Smith should sign the bill. He
urged that If the CuViller measure
is approved the President convene
the congress and that the governor
and the members of the legislature
who voted for the bill be suspended.
Every state official who voted for
this bill is subject TO the law of trea-
son, having taken the oath to sustain
the constitution of the United
States" Mr.. Waits letter said.