Evening star., 1923-05-17
DRY LETTER ST|RS
STATE RIGHT ISSUE
Democrats Doubt Propriety
OF White House Interfer-
ence With Smith.
By DAVID LAWRENCE.

Democrats of prominence were to-
day questioning the propriety Of
Harding's effort to influence Gov.
AL Smith of New York to veto the
repeal of the Mullan-Gage prohibi-
tion law.
Far from arguing the merits Of the
liquor question itself. the view ex-
pressed by many of the champions
Of state rights was that President
Harding had overstepped tradition
and precedent in endeavoring to in
fluence the action of a state law and
that If this effort is successful the fed
eral administration in the future will be
tempted to reach out still further in
extending the powers of the central
President Harding. however, did not
act hastily. His letter was drafted
after careful consultation and repre-
sents Mr.. Harding's natured judg-
ment Of his responsibility. His state.
ment that the Union cannot exist half
wet and half dry any more than il
could be sustained half slave and
half free is based on the theory that
the eighteenth amendment is a part
or the Constitution and as such is
part OF the state constitutions just
as much as is any other power specifi-
cally held by the federal government
which it is the duty of the states to
uphold.
State Rights Position.
In opposition to this line of rea-
soning Is the contention of the state
rights advocates that the eighteenth
amendment In the first place usurped
the police powers of the states and
that the trainers of the amendment
knew it because they inserted in the
amendment a compromise idea when
they proposed that the federal gov
ernment and the several states shall
have concurrent jurisdiction" in en-
forcing the amendment.
Have the states. therefore, yielded
anything to the federal government
oGn,o.5 or DO they stand on a parity with the
obliged to accept the obligations of
enforcement If they choose to do
otherwise? Would it not be possible
to increase the burdens of states by
adding other obligations with re-
this not break down the whole idea
OF state autonomy and sovereignty
ana erect central government OF
absolute powers?
These are the. questions democrats
are asking. and the queries. to be
sure, are in line with traditiona!
democratic doctrine. just as Mr.
Harding's policy is more reminiscent
Oh the republican idea of StronS
central government-the basic theo-
ries which have been the subject OF
debate and discussion since the dayS
of Alexander Hamilton
Mr.. Harding feels that apart from
the legal complexities of the prob
lem Of state enforcement. there exists
an obligation on the part of the
state of New York to sustain the fed
eral Constitution, whose amendments
1t has formally ratified. He is not
disturbed by the argument that south
ern states ignore other amendments
OF the federal Constitution, but be-
lieves a developing public, sentiment
Will some day persuade the south to
fall In line In that respect, too.
In any event he doesn't accept the
southern attitude as an excuse for
northern secession on the eighteenth
amendment, and feels he will rally
the public opinion of the whole coun-
try behind him in that cause.
Meanwhile the politicians are not
overlooking the effect which this con-
troVersy may have on the next cam
paisn: Mr.. Harding again reveals
himself as 100 per cent dry and as
order. even to ths extent Of permit
ting a state to repeal it's laws. The
democrats, who have leaned toward
the wet side of the argument, and
who attribute AL Smiths overwhelm-
ing victory in the Empire state TO his
dampness on the prohibition question.
think 1t will aid AL Smith nationally
as well as the cause of modified pro
hibition.
The republicans think--in fact, they
hope-the Mullan-Gage repeal will
eradicate AL Smith as NATIONAL po-
litical factor II he signs the repeal
bill. they think the public sentiment
OF the whole nation will rise. not ohly
against him, but against the demo-
the democratic party and tend to Kill
republicans think AL Smith will split
the wet and dry issue for the next
campaign, driving the two big parties
Importance will develop. Seldom If
ever. have the eyes Of official and po-
litical Washington been turned with
more interest. if not anxiety, toward
the hands that holds the legislative
pen in state capital.
Copyright. 1929