The Monmouth inquirer., 1923-06-07
SMITH SIGNS N. Y.
DRY LAW REPEAL
No Duty Imposed by Congress,
Constitution or Supreme
Court, He Asserts.
voLsTEAD BILL TO BE UPHELD
Repeal Does Not LegaIize Light Wines
and Beer, Governor Points Out,
But Ends Double Jeopardy and
Clarifies Relations of States.

Albany, N. Y.--Governor Smith has
approved the Mullan-Gage State pro-
hibition enforcement repeater.
The Governor proclaimed, without
specifically mentioning the presiden-
cy, his complete willingness to sacri-
fee the chance of becoming the ma
tons ruler in order to stand by his
own convictions. At the same time
he championed State rights.
In 1000 word memorandum ex-
planning his act, Governor Smith in
eect told President Harding that
what New York State does about
prohibition enforcement is none of
the White Houses legitimate bust
mes.
In justifying his refusal to retain
State enforcement, Governor Smith
said:
No one has pointed out to me any
provision of the Constitution or the
statutes or any decision of the
United States Supreme Court which
imposes upon our State any consti-
tutional duty to maintain a State en-
forcement act, and / am satisfied that
as matter of law this contention
does not admit of doubt
81 believe the approval of this re-
peal will reawaken in the public mind
the fundamental conception of the
law Of the land and re-establish be-
yond doubt what constitutes the es-
sentials of the relation between the
Federal Government an dthe sover-
eign States of the Union"
Among many momentous pro-
nouncements on phases Of the pro-
hibition question which are agitating
the entire country. the Governor de-
clared the Volstead definition of In
toxicating beverages as of more than
one-half Of per cent of alcohol to be
Gin defiance of the general experience
of mankind and of actual fact
The Governor set himself up as a
crusader for modification of the al
coholic content upward to a point
wher light wines and beer will be
permitted, and urged at the same
time that the several States be al
lowed to fix lower limitation that
would outlaw within their own boun-
daries even drinks containing one
halfon per cent.
This would be in keeping with the
freedom and liberty of differing
States with differing local condi-
tons" argued the Governor.
The Governor emphasized with all
the vigor he couldc ommand that vir-
tually all the liquor consumed in
New York was manufactured else
wher and that the Federal Govern
ment sis the one agency that can at
tack the base of supplies"
Having in mind the rum fleet off
the Jersey Coast and the extensive
contraband activities along the Cana
dian border, the Governor asserted
that it Is infinitely easier for the Fed
eral Government ito stop the SNUG
Cling in Of 500 cases of liquor before
bulk Is broken than ia trace that
same 500 after they find their way
into different parts of the State in
small quantities"
In word, Governor Smith asserted
that the way for the Federal Govern
ment to make prohibition prohibit is
to dry up Illicit liquor at its sources
and not adhere to the present policy
of attempting to seize it and prose-
cute those who have it after the liq-
uor has become an article of illegal
barter and sale.
The State police, like the police in
all municipalities, are now under obli-
cation to help enforce the Volstead
act in precisely the same way that
they are obligated to enforce every
other Federal statute. The police ad-
ministrations of New York and other
cities will be free to determine exact
ly what degree Of enforcement they
shall exercise under their own inter
probation of the Volstead act. Com
missioner Enright OF New York City
has said he would keep the police in
the cabarets and he can do SO if he
wishes.