Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-06-05
STATE SOVEREIGNTY
ISSUE is REVIVED :
BY AL SMITHS ACT
Continued from Page y


forcernent situation resulting from
Governor Smiths signing of New
York's enforcement law repeater.
Commissioner Haynes and other
officials remained silent and it was
indicated that determination of a
policy would await the outcome of
future conferences in which Presi-
dent Harding may have the deciding
voice.
A few prohibition agents from
other parts of the country, it was in
Dictated at prohibition headquarters,
may be sent to New York, but Off
Gals privately conceded that these
could not fill hole in the enforce
ment work as deep as complete with
drawai of New York police agencies
would make. A complete withdrawal
was not expected, however, by gov
eminent officials, who believe the
New York state authorities will fol-
low, to some extent at least, Cover
nor Smiths injunction that the
Volstead act be regarded as con-
tinuing applicable to and en-
forceable in New York.
Local courts and magistrates of
New York, department Of justice Of
ficials also pointed out, are required
by general law as we'll as the Vol
stead act to deal with prohibition
offenders brought before them, Ell
Their by imposing fines or sentences
or taking bail and binding over the
prisoners for action by the federal
grand jury. Repeal of the Mullan'
Gage law, according to. officers of the
department, does not relieve New
York district and police court judges
and mayors from this duty, imposed
by section 1914 OF the revised stat
utes and also incorporated in the
Volstead act. 1t was conceded, how
ever, that one result would be to
increase prohibition cases before
federal grand juries and add to the
present congestion of federal courts.
There were Indications that the
administration would move slowly
toward announcement of its ulti'
mate policy. How New York and
especially New York City behave
themselves, under the new order of
LIQUOR affairs, is expected to be an
important factor in making the de-
cision. If an orgy of bootlegging
and of open "speak- easies" should
develop, government officials are pre-
pared to make a maximum effort to
sustain the federal constitution and
laws.
SMITHS ACTION DISCUSSED
BY CONGRESS LEADERS
WASHINGTON, June Mos
congressman refused today to dis
cuss the action of Governor Smith,
of New York, in approving the re-
neal OF the state prohibition law.
A few however. commented, Sena-
tor Shields, Democrat, Tennessee,
authorizing the following state
ment:
There is no question but what
the state of New York has the
right to enact or repeal any of its
statues in its discretion which do
not violate the constitution of the
United States and do it without con-
sulting the president or any other
federal authority. The passage of
| the Cuvillier law and the approval
of it by Governor Smith, in my opin-
ion, in no way conflicts with the
constitution of the United States,
and [ see no possible ground upon
which the federal government had
the right to interfere.
THE eighteenth amendment is,
however, the supreme law Of the
land, and the acts of congress for
| its execution should be obeyed and
enforced, and 1 think in a police
measure of this kind the state gov
ernments should cooperate with the
federal government in the aid of law
enforcement and that when state
has passed prohibition laws, a re-
peal of them is bad policy, as tend
| ing to encourage disrespect for the
federal laws. I would not be in
favor of a sweeping repeal Of the
prohibition laws of Tennessee"
Senator Dial. Democrat, South
Carolina, declared:
81 am very sorry Governor
Smith signed the bill. I think it is
the duty of all officials to support