Evening star., 1923-06-02
MODIFIED DRY LAW
|SSM|TH'S DEMAND
IN SIGNING REPEAL
Common Sense" Asked of
Congress in Fixing New
Alcohol Content of Liquor.
SEES THREE GREAT AIMS
ACCOMPLISHED BY ACTION
Supporters See Governors Capdi-
dacy for President Stronger
Than Ever.
By the Associated Press.

ALBANY, n. V, June 2.-The Null
ian-Gage state prohibition enforce
ment bill is dead.
Gov. Smith killed it last night with
the few strokes of pen necessary to
affix his signature to the legislatures
repeal bill. adopted four weeks ago.
In announcing his action the gov
ernor called for common sense"
modification of the Volstead act by
Congress- which would fix the alco-
holic content of permissible beverages
at a point that would make possible
the sale of beer and light wines in
states that want them.
Think Prestige Grows.
This answer to appeals from many
sources for action that would start
the ball rolling toward modification
of the Volstead act is counted on by
his supporters to make him a formida-
BILE bidder for the presidential nom
ination on a liberal" platform in
1924.
The, MullanGage act passed out
with few formalities. Reporters who
had swarmed the corridors about the
executive chamber all day were ad-
mitted at s o'clock, just in time to
see the governor lifting blotter
: from his wet signature. He smiled
and said:
bill"
Motion picture cameramen ground
all over.
In announcing his decision. Gov.
Smith made public memorandum of
nearly 1000 words. explaining ex-
haustively why he had approved the
repealer.
Cites Aims Sought.
Declaring the eighteenth amend
ment was just as effective in New
York as it ever has been, and that
he would require all state officers, to
aid the federal government in strict
enforcement of the Volstead act. he
gave these three things as the things
ne hoped to Accomplish by complet-
ing the repeal:
]. Guarantee all citizens against
being placed in double jeopardy" for
possible violations of the eighteenth
amendment.
2. Put the state in harmony with
the recent decision of Federal Judge
Knox of New York. declaring uncon-
stitutional that part Of the volstead
F1iquor physician may prescribe for
any individual patient
3. Bring about prosecution Of all
violators of the eighteenth amend
n,ent in federal court. where Offend
ers will be made to realize that it
Is the Constitution they are violating,
not merely local regulation"
Acceding to the urging of his
friends that he strike a note In a
campaign for the return Of light
wines ard beer. he denounced the one
half of / ner cent alcoholic beverage
content provided in the Volstead act
az "the work of fanatical drys." call
ing on Congress to modify 1t to
common sense" maximum. and then
leave ea"h state free to set a figure
below that.
Defends Action.
Il yield to no man in my reverence
and respect for the Constitution of
the United States and advocate
nothing which will infringe upon the
provisions of the eighteenth amend
ment." the governor said. 1T Is new
: ertheless a fact that the definition of
. an intoxicating beverage contained
in the Vosstead act is not an honest
or common sense one. 1t Is i'm
possible to divorce from the public
mind the impression that the defini-
tion offan Intoxicating beverage as
containing not more than one half Of
] per cent of alcohol was written by
the fanatica1 drys in defiance of the
general experience of mankind and of
actual fact 1t seems to me that COM
mon sense, backed up by good medical
opinion. can find a more scientific def
inition of what constitutes an intoxi-
eating beverage.
Such a definition should be adopt
ed by Congress as proper and rea-
sonable amendment of the Volstead
act and maximum alcoholic con-
tent should be prescribed by Con-
gress which would limit all states
to the traffic in liquors which are in
fact Notwithstanding within the
meaning of the eighteenth amend
ment. Subject to that Limitation each
state should thereafter be left free
to determine for itself what should
constitute an Intoxicating beverage.
States which then wished to limit
traffic to beverages containing not
more than one-half Of j per cent
of alcohol would be free to do so
and those which desired to extend the
traffic to the maximum limitation al
lowed by federal statute would be
equally free to do So"
Law sHH Effective.
The governor emphasized however
that the mere repeal OF the Mullan-
Gage act, accomplished by his sigma
ture, did not alter the effectiveness of
the volstead act In its present form
as long as 1t stands unmodified, and
served notice on all peace officers of
the state that they would be expected
to enforce the volstead act in it's
strictest letter.
The governor replied to President
Harding's letter to Wesley Wait,
Newburgh dentist. in which the
President expressed concern as to
possible clash between federal and
state authorities IL the repeal be-
came law.
Cites State Rights.
II yield to no man in this country
when 1t comes to respect for the ut
terances of the Chief Executive of
the United States" said the gov
ernor's statement, but 1t is impos-
sible for me to be unmindful of the
fact that am the chief executive OF
a sovereign state and / am entirely
in accord with q statement put forth
in the course of this discussion and
signed by former Judges William
Bartlett, SAlmet +. jerks, z. Henry
Lacombr and Mr.. Austin G. Fox. which
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