Evening star., 1926-05-25

TO enforce it by appropriate leSisla-
| ton
MIR. Chief Justice White. in that
| decision. added that the amendment
made it the duty of Congress to define
| what is intoxication-it did not au-
| thoriZe legislatures to so define intOxi-
4 eating beverages, but il conferred
| upon the States only concurrent
power 10 enforce" the law, as adopted
by Congress.
| The legal department of the Anti
| Saloon League points to New York's
alleged futile and illegal attempt I"
! thwart the law. When New York
adopted the Mullen-Gage law in 1921,
that repealed all previous laws con
! f1icting with it. Then. in 1923. the
! Legislature repealed the Mullen-GaSe
law. but that repeal did not reinstate
| the repealed laws prior TO it's adoption
| in 1921. Hence, New York today Mas
no enforcement laws. and is standing
| i'm the position of certain antebelium
States in attempted notification "f
the Federal Constitution-itself an un-
constitutional effort.
Under that Interpretation they con
tend that the repeal in 1923 is void.
| When Gov. Smith signed the repeal
he expressly based it upon state
ment that State law was unnecessary.
| since all State officers were obligated
by their oaths TO enforce Federal laws.
| Query. by the anti-saloon attorney:
Does Gov. Smith and his advisers ap-
| prove now Of State officers accepting
! the Federal dollar.a.year obligation as
authorized by President Coolidee's
executive order?
In the case 14O y. F.. 2S5. Goulis vs..
I .,f
Massachusetts, Supreme Court ruled:
"A magistrate of the Commonwealth.
while not compulsOrily required. may.
at his option. under Revised Statutes
! of the United States. section 1Ol4. act
as committing magistrate in cases un-
| der the Volstead act, there being moth
| ing in the State constitution or
statutes or public policy restraining
| him from so acting.
| Superior Court. 1856. page S95, the Dis
trict Court of Appeals held:
| Under United States Revised
| Statutes. section 1914 tunited States
| Comp. Statutes. section 164l. "A valid
warrant may he issued direct to
police officer Of q city to arrest for
violation Of the national prohibition
law. commonly known as the Folstead
law"
Section 1914. referred to by the
court in both cases. was adopted Sep
| tember "a, 1889. 1t provides (abbre-
, viated) as follows: That for any
crime or Offense against the United
| States. the offender may. by any
justice or Judge of the United
States OF by mayor OF
city. justice of the peace or other
magistrate OF any state where ne
may be found at the expense :
of the United States, be arrested and
imprisoned or bailed. as the case may
be, for trial before such court OF the
United States as by law has cogni-
"a nee of the offense,"
LAWYERS of the Anti-Salo loon Lea que
contend that that law. preceding
President Coolidge's order by 13l
wears, gave identically the same ef-
| feet to State officers authority in
Federal laws as does this order.
| IT, however. according to Senator
Walsh, a State officer. where there
| is no State-enforcing law. were TO
undertake to arrest q violatOr OF the
Volstead law. without being sworn
In under Federal authority. and the
prisoner should resist arrest and be
killed. the officer would have no pro
| lection as an officer of the state
only. In case of an arrest without
conviction the officer would he liable
to prosecution for false arrest.
! The Anti.Saloon League comedies
| that this may be the law, in spite
of the moral obligation. as expressed
| In the oath taken by all State Of
ficers, from governor down to con-
stable. to enforce the United States
| Constitution and laws and the Con
stitution and laws of his State. Such
an oath. is required by all State con
situations. and It was condition
| precedent to the States admission
into the Union that such loyalty tO
the Federal Government must he
prescribed.
When a governor violates his oath
to support the Federal Constitution
how can he he reached? There is
no provision for Congress to impeach
a governor or any other State official.
:. lcopyrishs. 1928. NJ Paul " cpfiinee