Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-02-25
.M'ADOO RESUMES
ATTACK ON SMITH
Former Treasury Head In
sists Upon State Dry
Law Statutes.

n the Associated Press.
NEW YORK. February 25.-Resum-
ms in the March issue OF the American
Review of Reviews his lcng-ranse de-
hate With Gov. Smith Of New York
William G. McAdoo. former Secretary
Of the Treasury. asserts the only and
fundamental prohibition issue IS ''shail
state be permitted 10 disregard any
mart Of the Constitution WHICH II eiec'S
not 10 obcy.
Police enforcement is the prin-
r,nal and normal function OF the State
governments" MIR. McAdoo SAYS
g. De---ysd Of the effective coop
Grafton Of me police organizations OF
the States the amendment becomes
null;ty This is what happened in New
Work and Maryland. Although each OF
these States ratified the amendment
and helped 10 put it in the Cons'i'u-
ton. they refuse cooperation: they re-
fuse obedience.
Quotes Governor.
The former SeCretary's latest pro-
rmncement is in the nature OF re-
Initial 10 Gov. Smith. who had asserted
tns, the NolStead act was part OF the
laws 81 New York and thus binding on
State functionaries
The governor quoted article 6. sec
fioY > of the Constitution. which reaoS
as follows The Constitution and the
laws Of the United States. which SHAH
he MADE in pursuance thereof. snail oe
rne supreme law of the land ana the
,uoses in every State shall be bound
thereby. anything in the constitution or
the laws of any State to the contrary
Notwithstanding.
"rf that doesn't mean that the Vol
stead law is a part Of the laws OF New
Work State" Mr.. McAdoo quoted Gov.
Smith as saving, then I would like
for some one 10 tell me what II does
mean
Mr.. McAdoo. In his Review OF Re-
views article. saws that this provision
has been construed by the Supreme
Court 10 mean that whenever there Is
a conflict between the State laws and
the Constitution. the Federal law is
supreme.
For instance" he continued. the
New York Legislature in 1920 enacted
Q Law, which Gov. Smith approved. per-
hitting the manufacture of beer and
wine containing 2.75 per cent alcohol
The Volstead act permits only one-hali
of per cent Of alcohol. The Supreme
Oh kllltSQ PaoiNaat aNa1
that the New York beer and wine ball
vas unconstitutional because 1t was IN
direct conflict with the Volstead act:
therefore it had TO yield 10 the supreme
Law of the land. The Governor OF New
York. in approving the repeal OF the
Mullan-Gaee Law. cites this decision.
which in itself conveys quite convinc-.
ingly the meaning Of the constitutional
provision he has quoted. I commend
the decision of the Supreme Court OF
the United States 10 the Governor OF
New York
Enforcement Required.
while il is true that the eighteenth
amendment and the laws OF the United
States are the supreme law OF the land"
ne said, nevertheless the eighteenth
amendment is not self-executing and
requires an enforcement statute TO put
IL into effect The Volstead act is such
q statute. but Ii is not a part OF the
laws OF New Yor.s and Maryland"
As a means OF increasing enforce
n1ent of the eighteenth amendment Mr..
McAdoo suggested that Federal finan-
cial aid be given States having their
own enforcement acts so that they
would not have to shoulder the full
burden Of extra police 70 carry on the
work