The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-06-02
GOVERNOR SMITH
SIGNS DRY LAW
REPEAL MEASURE
Continued From Page one)


said:
Boys. have Just approved the
bill"
The governor then handed them q
lengthy document giving the reasons
for his decision.
Reptile. To Harding.
In 1t he replied to President Hard
| ings letter to Wesley Wait, Newburg
dentist, in which the President ex
pressed concern as to a possible clash
| between federal and state authorities
II the repeal became law.
Il yield to no man in this country
| when 1T comes to respect for the ut
terances of the chief executive of the
country" said the governors state
| mentx Cit is impossible for me to
be unmindful of the fact that l am
the chief executive of sovereign
, state and l am entirely in accord with
a statement put forth in the course
! Of this discussion and signed by
i former Judges Willar Bartlett, Almet
F. jerks, R. Henry Lacomb and Mr..
Austin g. Fox, which dealt with the
| letter and which said in part:
1T would be calamity to permit
| such fundamental conceptions of the
relations between the states and the
| federal government as may seem to
be suggested by portions of tho
Presidents letter to pass unchai-
| lenged.
Discusses states flights.
He then went on to set his con-
ception of state sovereignty as SOW
| ereisnty with respect to all pow
ers not expressly delegated by them
to the federal government"
| Asserting that 1t may be my duty
to maintain that sovereignty in ex-
act accordance with the guarantees
of the constitution he said he must
refute that part of the Presidents
letter which he understood to mean
| that the various states were oblira-
ted to enact statutes duplicating the
| Volstead act"
Stressing that repeal of the Null
Ian Gage act did not lesalize any act
in New York state that was Illegal
during Its life and that the state Of
| ficers would be expected to enforce
the Volstead act. the governor ex-
planned that the three desirable re-
suits which tho repeal would have
| were:
Explains Position
DO away entirely with the posi-
bility of double jeopardy for viola
tons of the laws enforcing the
eighteenth amendment.
Put the state in harmony with the
recent decision by United States Dis
trict Judge Knox of New York City
declaring portion of the Volstead
act to be in contravention of the
eighteenth amendment.
Violation of the Volstead act will
hereafter he prosecuted in the federal
courts desirable as it will fix in the
minds of offenders the thought that
they have violated a federal statute
intended to effectuate an amend
ment to the constitution of the United
states rather than have them harbCr
the thought that they are simply
standing against what great many
of them may be led to believe is
merely local regulations"
Effective At once
Tho repeal measure became effec-
tive as soon as it was signed
While the governor specifically dis
claimed any desire to make political
capital out of his action. his friends
are tubilantly proclaiming that he
must be considered seriously as the
democratic standard bearer in the
1924 presidential election.
His comment on politics in the
memorandum follow:
Much has been said in the public
prints with respect to the effect my
action on this bill may have upon my
own political future. / have no po-
litfcal future that l am willing to at
tain by the sacrifice of any principle,
or any conviction of what in my
mind is for the welfare and the bene-
fit of this state and nation"
HARDING REFUSES TO
COMMENT ON ACTION
WASHINGTON, June 1.-Prohi-
billion Commissioner Haynes with
held comment tonight on the ap-
provai given by Governor Smith to
forcement law. as did President
Harding after he had been informed
of the governors action by the AS
ISOLATED Press. At the White House
it was said that the President would
make no abatement.
Prohibition officials expressed dis
appointment but no surprise over
Governor Smiths action, which had
been generally expected among Of
ficers at prohibition headquarters.
The policy of the federal govern
ment relative to enforcement of pro-
hibition in New York. now a single
handed proposition. is to yet to be
determined. Commissioner Haynes is
expected to confer soon with Commits
sioner Blair of the internal revenue
tary Mellon and probably President
Harding will be consulted before a
course of action is determined.
Two Avenues.
Two avenues. high officials said
government One is to make a
vigorous drive for enforcement in
New York state, even to the extent
of depicting prohibition forces In
other sections of the country, to
demonstrate the governments deter
mination and power to uphold the
constitution and federal laws despite
the refusal of New York to assist in
their enforcement.
The alternative course, 1t was said
in official quarters. would be to con-
| tinue enforcement efforts with the
present staff of federal officers in
New York state with the knowledge
that they probably would be unable
to enforce the law rigidly alone
Indications are. however, that the
| first course will be adopted and
that all available agents will be
shifted to New York with other
agencies of the government drawn
| upon as far as possible to cooperate
in enforcement measures.
"pootr.sxer." 2 he o It.
Wayne B. Wheeler. general counsel
for the Anti-Saloon league, in a
statement, declared that the only
| class to be benefited by the repeal
is the bootlegger and Illicit dealers :
| His statement follows:
/ The governors signature to the
repeal bill brings into the open the
plans of the i-prohibitionists to
nullify the eighteenth amendment by
repeating both state and federal
| codes essential for its enforcement
The insincerity of the vets claim
that they are asking only for nom
| intoxicating beer is proven by the
repeal of the entire enforcement law
in the first state which they tenn
porarily control.
9TH only class to be benefited