The call of the North. [volume] (St. Paul, Minn.) 1923-1924, 1923-08-10
NOT A STATES
RIGHTS ISSUE.
NEW YORK STATE
HAS NOT Seeded

A queer thing to raise the issue
of states rights upon, is the prohi-
bition of the liquor traffic.
All through the argument in be-
half of the action of the New York
legislature and the governor, runs
the notion that in some way the Fed
eral Government has infringed upon
the rights Of the states. And even
from sources where you would ex-
pect accurate information, comes the
intimation that we are to put states
rights to new test. \
This is all nonsense. In no other
matter now coming under the sjuris-
diction of the Federal Government is
there more complete REIMBURSEMENT
of the domestic authority. The pro-
hibition amendment to the Federal
Constitution has been ratified in q
constitutional way. 1t is part of
the fundamental law, binding upon
every state in the Union. No issue of
states rights can be raised against
it. It would be just as rational for
any state now to assume the author
ity to inaugurate it's own postal sys-
tenn, or to issue its own money, or
to maintain it's own customs house,
or to re-institute slavery.
This cry of states rights from some
quarters is a scheme to throw dust in
the eyes Of the populace. In point of
fact, it makes no legal difference
whether New York has an enforce
ment statute or does not have one.
The Federal law is supreme. The
right to make the law was granted by
the states of the Union to the ma
tional Congress. The national Con-
gress passed the statute to carry out
the provisions of the Constitutional
amendment. The law thus passed has
been thrice tested before the Supreme
Court of the United States; and it has
been declared to be in spirit and in
form accordant to the Constitution.
No state, therefore, can object to it
legally; and no state by action or in
action, either of it's legislature, its
judicial or it's executive branch of
government, can interfere with the
enforcement of the statute. The Fed
eral power is supreme and sufficient.
The national Government has the law
on it's side and it has the physical
force. 80
The position taken by New York
does not affect in any degree the pre-
rogative of the Federal Government.
Suppose New York were to pass law
setting up custom houses around her
borders under which attempt would
be made to collect duties on commerce
passing from other states into her
lines. The statute would be foozle
and fraud and would be so decided
by the Supreme Court of the United
States. The issue Of states rights
would have to be tried then although
the decision would be foregone con-
clusion. But there is no question or
issue of states rights in the present
case, for New York has not even at
tempted to pass law to legalize the
manufacture, the sale and the trans
portation of intoxicating beverages, in
defiance of the Constitution and the
statute of the United States.
Let US keep this question on the
plain ground of fact. New York has
not seeded from the Union. She has
not attempted by her law to nulify
the Federal statute and Constitution.
She has sought only to express her
vicious whim against prohibition. And
her action is merely sticking out
spiteful tongue against national au-
thority. It has no effect whatever
and it cannot even raise any authori-
tive legal discussion on the issue of
states rights.-The Christian States
man. .... ,a..