The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-06-10
PRESS ON NEW YORK REPEAL

made additional effort to support the
Volstead act. Federal officers in New
York have been increased in number,
and state officers have been informed
that the federal law is still the law
of the land, and that their cooperation
is expected. Inasmuch as Governor
Smith had previously declared that
the state would cooperate in the en-
forcement of federal law, no friction
is anticipated. Several prominent New
York restaurants have already been
ordered closed by the federal court
on the ground that they were public
nuisances" because responsible for re-
peated violations of the Volstead law.
The press of the nation discusses the
situation from many angles.
According to the New York Herald,
ain newspaper circles the affixing of
the governors signature to the bill
brings no surprise whatever" The
Herald says that the governors delay
of a month in signing the measure
was the surprising thing, but believes
that eff it was his purpose to commit
the Democratic party to the wet side
of the prohibition problem he has come
pretty close to doing SO, as he has
certainly committed the Democratic
party to the wet side in New York"
Having granted the governors
strategy in this particular, the Herald
J,ffo,-c Nth hin, 70 tho Tot va
sponsibility in enforcement of a fed
eral statute: GAS the record now
stands, every state in the Union has
ratified except two. So, clearly, the
responsibility for the present prohibit
ton law, both as concerns the Vol
stead act and the eighteenth amend
ment, rests with the states them
themselves. If all the states in the
question that New York has taken, the
enforcement of our present dry law
would be hopelessly impossible" The
Herald criticises the double penalty"
says that with this amended out the
law would have been relieved of its OBJ
jectionable feature.
The New York World, which is anti
prohibition from start to finish, puts
forward this curious doctrine: ''The
amendment imposes no command on
any state to enforce it, but only an
option, and in setting up contrary
in for some attention on the dual char
acter of the American system of gov
eminent which he should never have
invited" The logical next step for
the World to take is the declaration
that none Of the states is bound by
any part of the federal constitution.
Evidently the World doesn't under
stand that states rights consists in
latitude of Interpretation Of the fed
eral constitution, not in repudiating
it. The World also surprises its read
ers by intimating that there are con-
stitutional questions so delicate that
they may not be discussed, but disap-
points them by failing to show in what
respect.
That the repeal of the state law-en-
forcement statutes is not the end of
the story is suggested by the New
York Times, which says: "The falla-
cious and foolish idea that the sign
ing of the repeal bill will in any way
make legal what is illegal under the
Volstead act the governor repels with
scorn. He shuts the door on all false
hopes that may have been entertained
in Tammany circles or anywhere else.
What he has to suggest in the way of
a constructive policy for the future
must be left for discussion later" In
the opinion of the Kansas City Times,
''the doctrine of New York is simply
the old doctrine of notification. E.
New York can cause inconvenience
and expense to the nation in enforc-
ing prohibition but it will have no
better luck with notification than
South Carolina had"
The Washington Star perceives the
political aspect of the repeal and re-
marks: at is certain that the COVER
nor's action and his arguments in sup
port will arouse widespread discussion
and expression of varying opinions on
prohibition, law enforcement and
states rights-enough to keep the
country going all summer and to set
the electorate into opposite camps of
thought" The comment of the Mem
phis Commercial-Appeal is caustic:
''The effect of his act on the presi-
Dental chances of Governor Smith is
negligible. He never had much" The
Nashville Banner is vehement in con-
demnation: Twill New York be per-
mitted to get by with its fragrant de-
fiance of the government? What steps
will be taken to bring the state to a
realization of its subservience to the
federal government? Some drastic
means will have to be forthcoming,
and doubtless will be. 1t may result
in the whole states Acknowledgement,
its non-participation in future general
elections, it's denial of representation
in congress until the oath of allegiance