The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-01-04
PAGE Q


posed for a given crime, I would
give careful study and consideration
to a fundamental change in the
method of sentencing criminals.
"After guilt has been determined
by legal processes, instead of sem
,tence being fixed by judges, accord
ing to statute, I should like to see
offenders who have been adjudged
guilty detained by the State.
'They then should be studied care
fully by a board of expert mental
and physical specialists, who, after
careful study of all the elements
entering each case would decide
and fix the penalty for the crime.
II realize the completely of such
q fundamental change. 1t probably
requires even constitutional
amendment"
Strong Views on Prohibition
In the passage referring to pro-
hibition, Smith did not express his
opinion of the right or wrong Of
the law, but in referring to ratiflca-
ton of the Eighteenth Amendment
by this State, he used several force
full phrases.
He referred to the method used in
the 1919 legislature to force ratifica-
ton, as "the cracking of the party
whip" in the Senate and "the rule
of liking caucus"
Democratic government" he
commented, closes it's force and Wig
or when an organized minority, by
trick or device, circumventS the will
of the majority
Because ratification was not put
up to the people, as he recommend
ed, Smith added, "the whole ques-
ton of prohibition and prohibition
enforcement in this State has be-
come a political instead OF an eco
nonnic one"
Judges, clerks and local officials
are elected and defeated in certain
parts of the State on the wet and
dry issue, he said, whereas, "by no
possible stretch of the human mag
ination, could it have any applica-
ton to the offices for which they
are candidates"
State Appeals in Vain
"a decision by the United States
Supreme Court declared the State to
be without power to make its own
definition of what constitutes an
intoXicant and compelled the State
to accept the definition set by Con-
greSs.
"This State continually has petit
toned Congress for more liberal
definition. Without regard to parties
in 1920, both branches of the legiS-'
lature attempted a more liberal
definition by law. Under our form
of government, and guided by the
decision of the Supreme Court of
the United States, the question of
the Eighteenth Amendment and the
sustaining legislation is removed
from the States and is focused on
the National Legislature at Wash
ington.
Gradually our people are begin
ming to realize that there and only
there can any change in the pres
ent status be made.
I'm the meanwhile, there devolves
upon the State the sacred duty Of
sustaining the Eighteenth Amend
ment and the VolStead law They
are as much a part of the laws Of
this State as our own statutes and
our own constitution"
Get What They Pay for
Then he added: GAS far as I am
concerned, in obedience to my oath
to sustain the Constitution of the
United States, I repeatedly have
promised the people that, so far as
it lies in my power, on the constitu-
ton Of statutes, will remove from
Office, upon proper proof being pre-
sented, any public official charged
with laxity in enforcing the law"
He concluded by suggesting
amendment of the State constitu-
ton providing that mo future
amendments to the Federal Con-
stitution be acted upon by the State
Legislature until subjected to refer
endurn."
Several pages of the message were
devoted to farm relief. After point
ing out that New York is one of the
greatest agricultural States in the
Union, he laid down this principle:
Advocates Equality
Both National and State politics
should be nodded to insure equality
of opportunity and reward between
those groups which produce the food
and those which consume it"
The agricultural section of the
message on which the Governor laid
particular stress did not discuss
National farm relief, but pointed out
that the bottom Of farm depression
in this State seems to have passed
and that the States program of
relief was an important factor in
modifying the severity of the de-
preston, (which affected some of
our States so calamitously."
The Governor advocated particu-
larly comprehensive State high
way program, to aid the farmer in
getting his product to market.
Much of the remainder of the re-
port was devoted to State financing,
roads, schools, public health, power
resources and kindred subjects.