The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-05-17
Action OF New York Legisla-
ture In Repeating Prohibition
Enforcement Laws May
Lead To Stringent Action BY
Authorities At Washington
GOVERNOR SMITH PLACED
IN DIFFICULT POSITION
If Metropolis FIaunts Its Dis
regard For Governments
Edicts Beyond Certain Point,
President Intimates Cit
May Be Made Dry As Sahara

WASHINGTON, May 1e-For the
first time since the Civil war, the
issue of states right as against the
supremacy of the federal constitution
has become acute. President Hard
ing has. in a letter to Wesley Wait
of Newburgh, n. V, challenged the
action of the New York legislature in
repeating its prohibition enforcement
act. He regards 1t Jas Haunting
of the federal constitution. which If
made effective by the signature of
Governor Smith, would make con-
flict between state and federal au-
thorities inevitabl
Harding Is prepared to concen-
trate prohibition enforcement agents
In New York and by a showdown.
demonstrate whether the federal gov
eminent can enforce its own laws.
By this letter. one of the strongest
documents on the subject of states
rights since the Civil war Harding
has given a new twist to the pro
hibition issue. 1t promises to lead
to many unexpected developments IN
the next political campaign.
FOrcsees Trying Situation.
He made this significant utterance;
Il venture that If by reason of
refusal or failure OF any sta
discharge it's pro- duty in
connection en-" the
constitution
pursua- d
[ n'e- iEsa
: t.l.r ear r-~r
o. -h ana Fo
III al ties
r- .9e5. re most d
soc. snE ,uations would
.arkable sentence contains
4ect intimation that federal
used ~
make he Volstead act effective in
evfrv locality under the jurisdiction
OF the American flag. 1t indicates.
beyond question, the intention of
President Harding to stand as 100
per cent dry.
Smith In Hard Place.
With one stroke OF his pen, the
President has placed Governor ~
Smith In a most difficult situa ton
especially in view of the governors
supposed presidential ambitions.
If action. He can either veto the
repeal bill and retain the state en-
forcement law on the statute books.
thus mourning the displeasure of the
tremendous wet following he has
built up, or he can follow the advice
of his Tammany organization and ap-
prove the repeal. This would force
him to go before the country as a
wet, committed to the defunct states
rights theory which was decided
against by the Civil war. The weak
ness of such a position might be we'll
nigh fatal
Unless the question Is evaded In
the presidential campaign, the coun
try may witness a unique revival of
the states rights debate with fire.
quent references by stump speakers
to the famous Lincoln-Doug de-
bates. notification. Webster's reply
to Hayne, the whisky rebellion. and
the whole catalogue Of episodes that
fill the history school books,
Would Make Test
While Harding's letter pointed I'M
mstakably to the possibility of
forcible federal action in any state
which defies the federal law, no one
in authority here believes that there
would be any real attempt made to
seize the state government. The
complications that would result. the
local resentment, disorder and col
lateral developments, are beyond i'm
agination.
But If New York flaunts her disre-
gard for prohibition beyond a certain
point. Harding will make a test of
strength by concentrating all avail
able prohibition enforcement agents
here. demonstrating to the whole
country, for all time, whether the
federal law can be enforced He
would attempt to make New York as
dry as the Sahara desert" as
warning to all other wet" localities
There is reason for stating that some
such spectacular move may follow
| in event Governor Smith signs the
Mullin- Gage law repeal.