Evening star., 1927-12-03
AL SMITH DEFENDS
FIGHT ON DRY LAW
Governor Declares Prohibi-
ton Foes Merely Exercise
Prerogative of Citizens.
By the Associated Press.


ALBANY, n. Y, December 81
Gov. Smith sees no reason why any
citizen or group of citizens should be
condemned for expressing opposition
to the eighteenth amendment and the
Volstead act. But he is for enforce
ment of laws and he regards the Vol
stead act as part of New York State
law Notwithstanding repeal of the
State enforcement act.
Breaking the silence which has char
acterized his attitude on matters of
national Importance since he has been
prominently mentioned for the Demo-
cratic nomination for President, the
governor last night told the New York
State League of Women Voters that
he had not deviated in the slightest
from his earlier opposition to the Fed
eral prohibition statutes.
In maintaining that opposition, he
declared. he was not showing a lack
of respect for the law, but was merely
exercising the right of American citi-
zens ito oppose any laws and any part
of the Constitution with which they
are not in harmony"
Law Must Be Upheld, He Says.
Referring to the many times he had
taken the oath to uphold the State
constitution, he said: There are parts
of it that hate. But have promised
to sustain it, and / will sustain it"
Saying that he always endeavored
to uphold the laws of the Nation, even
though in disagreement with them
the governor told of his having called
in 1928 a law enforcement conference
of police officers to impress upon them
President Coolidge's desire that their
obligations be emphasized. Although
the governors of the majority of the
States vigorously defended law en-
forcement while at a conference with
the President in Washington, Gov
Smith said, he found later that he
was only one of two State executives
who had called such a conferences
Whats wrong about that?" the
governor asked with vehemence as
he quoted from a resolution to be
offered to the women's convention,
whereas" condemning organized op-
position to the Federal prohibition
laws.
Cites $5,000,000 Dry Fund.
''Is there any reason why the oppo-
Sition should not organize? Is there
any question about the solidity, force
and effectiveness of the forces on the
other side of the question, when by
their own announcement they will
require $1,000 900 for their work in
the next five years?'
The reference presumably was to
an Anti-Saloon League fund.
''The Volstead law is already writ
ten into State law" the governor said
in referring to the beliefs of some
people that because New York State
repealed its law to enforce the Vol
stead act, there is no enforcement.
He cited arrests of liquor violators by
the police of New York City and other
cities as proof of his statement and
said: 1.-The only difference is that
without State enforcement law.
trials of the violators must be held
in the Federal court
Arguing that enforcement is a local
question. he said: "Unless there is
policeman on the corner to pick up the
violators. the laws are not worth the
paper they are written on"
Contrast Pointed Out.
The governor maintained that the
most punishment would come from
Federal courts. When the State en-
forcement act was on the books, he
said. out of 1.130 arrests, 31S cases
were discharged. OF 1862 arrests
made when there was no State en-
forcement act. only 81 cases were
discharged.
The immediate occasion of the gov
ernor's remarks was a resolution
prepared by the Nassau County
chapter of the league. intended for
Continued on Page g. Column 81