Evening star., 1923-06-02
Gov. Smiths Course,

Gov. Smiths signing Of the act of
the legislature repeating the law which
furnished machinery for enforcement
by the state of New York of the Vol
stead act of Congress may be con-
sidered from several viewpoints. The
most important is the effect which his
action may have in upholding the law
Of the land and the Constitution of the
United States by the states, and the
example that may be set to other COM
monwealths than New York. Next, is
the political bearing; his own personal
political fortunes and the possible
presentation of prohibition as an acute
issue in the presidential campaign of
1924. Furthermore. there arises con-
sideration Of the question Of states
rights and the lines of division be-
tween state and federal authority and
responsibility.
In the exhaustive memorandum
made public when he signed the bill
he discusses all phases but the politi-
cal one, seeking to justify the repeal
of the law on the ground principally
Of maintaining state sovereignty. He
discourSes upon the prohibition ques-
non at length. and unhesitatingly
comes out for modification of the Vol
stead act to permit the use of light
wines and beer. He takes sharp issue
with President Harding's position on
the relations between the federal gov
ernment and the state, as expressed in
recent letter to a citizen of New
York state.
Analysis of the governors memo
randum would seem to indicate that
he relied for justification of the repeal
mainly upon the assertion that he is
maintaining state sovereignty. II am
not here discussing. he says, 1.-The
wisdom or unwisdom of prohibition,
The question is rather whether all
vestige Of the-Iights Of the states
guaranteed by the federal Constitution
is to be driven from our political
theory of government. With all re-
spect for the President of the United
States, l must here reassert the prin-
.ciple against his challenge, and as the
chief executive of the greatest SOW
ereignty in the Union it is my duty to
declare and maintain that sovereignty
in exact accordance with the guaran-
tees of the Constitution
According to Gov. Smiths explana-
ton, the repeal of the law does not, in
fact, release peace officers Of the state
from responsibility in enforcing the
= Volstead act. and he issues a solemn
warning to that effect. He points out
that it does eliminate double jeopardy
and puts the state in harmony with
the recent decision of Judge Knox de-
claring unconstitutional that section
of the Volstead act which puts a limit
on the prescriptional and medicinal
use of liquor.
Gov. Smith argues earnestly for the
right of each state to define for itself
what constitutes an intoxicating bev-
erage. This suggestion may be the
vehicle for a political issue in the next
presidential campaign. He thinks Con.
gress should amend the Volstead act
by defining a maximum alcoholic con-
tent greater than the present defini-
tion. Then each state should be left
free to determine what should consti-
tute an intoxicating beverage. He
says: States which then wish to limit
traffic to beverages containing not
more than one-half per cent of alcohol
would be free to do so, while others
which wish to extend the traffic to the
maximum allowed by federal statute
would be equally free to, do so.''
1t is certain that the governors ac.
ton and his arguments in support will
arouse widespread discussion and ex-
preston of varying opinions on pro-
hibition, law enforcement and states
rights-enough to keep the country
going all summer and to set the elec-
torate into opposite camps Of thought