Evening star., 1923-06-02
Text of Smiths Statement
On Repeal of State Dry La'U

, ALBANY, June 2.-The full text of
Gov. Smiths memorandum on the re-
peal of the Mullan-Gage law follows:
The bill under consideration pro-
poses to repeal article 113 of the
penal law. which enacted into the
statute laws of the state substan-
act.
Because of the far-reaching inter-
est in this bill displayed by all classes
of our people / have given nearly one
month of solid and careful thought
to it's final disposition. l deem it wise
to go into some detail in order to
clear up misunderstanding on the
part of a great many of the people
who have written or spoken to me
about it and to make clear the rea-
sons for the action / am taking.
CafefuI study.
1t is furthest from my thoughts to
question the motives of the men and
women of integrity throughout the
state who. with an eye single to the
right and the just, have arrayed
themselves on different sides Of the
question presented. Some seem to
think that my approval will mean the
preservation of American institutions.
Many others, impelled by equally pa
triotic motives, seem to feel that my
approval will be destructive of Amer
lean government. Obviously both
cannot be right. and l have therefore
given careful study to the question
involved and the arguments submit
ted in order that my final disposition
of II may be In full and complete ac-
cord with what my conscience die
tates.
Question Under Review.
A brief review at this time of the en-
tire question at issue so far as the state
of New York is concerned would be
helpful. The eighteenth amendment to
the federal Constitution was ratified by
the legislature of this state at the seS-
sion of 1919. In 1920 the same senate
, and assembly, presided over and directed
by the same leaders, enacted the So
called 2.75 per cent beer and wine bill.
This bill l approved. 1t was afterward
held unconstitutional and the United
States Supreme Court declared in rem
| dering its decision that the word con
current" in the eighteenth amendment
referred only to concurrence in leglSla-
tion which Congress passed to execute
the provisions of the eighteenth amend
ment and did not permit the states to
adopt definition of an intoxicating
beverage inconsistent with the def1ni-
short, the state is therefore limited in
defining an intoxicating beverage to one
containing not more than la of l per
cent of alcohol.
In 1922 the democratic state conven-
tion inserted in its platform plank ia
voring an amendment to the Volstead
; act which would aermit the states under
certain restrictions and after popular
referendum to permit traffic in light
wines and beer not regarded as intoxi-
eating beverages That platform and
the candidates who ran upon it received
! the Overwhelming support of the people
! of this state at the last election. | cite
all this merely as indicating by history
; the attitude of a majority of the people
of this state toward this whole question.
Nevertheless, it is fact that the eight
eenth amendment is the law of the land
and no one suggests, least of all the leg
islature of this state or myself. that it
should be violated.
! Penalty Rigorous.
In 1921 there was enacted in this
state what has come to be known as
! the Mullan-Gage law. 1t put into the