Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-01-04
Governor Gives Eighth and
Last Annual Message"
to Legislature.
DRY LAW ENFORCEMENT
IS CALLED SACRED DUTY
New York Executive Holds Popu.
lar Vote Should Precede Action
on Constitutional Changes.
By the Associated Press.

ALBANY, N. Y, January 4.--Gov.
Alfred f. Smith, In his eighth and
last annual message" to the Legisla-
ture. today recommended that future
Federal constitutional amendments be
submitted to a popular referendum in
this State before they are acted upon
by the Legislature. The suggestion
was made IN chapter devoted to the
eighteenth amendment and law en-
forcement. in which he said 1t was the
States sacred duty to sustain the
amendment and the Volstead law.
The governors reference to his
"iast" message attracted attention of
the politically inclined in view of his
potential candidacy for the Democratic
presidential nomination next June. He
is now rounding out his fourth term
as governor.
Holds to State Affairs.
He did not elaborate on his terse
announcement that it was his final
message, nor did he depart from State
affairs III his 33,000-word document.
In his discussion of the prohibition
question. the governor said: I'm 1919,
the Legislature rushed the ratitication
OF the eighteenth amendment ard In
1895. the party responsible for this,
coming hack to its senses, submitted
the question OF modification OF the
sustaining act. only to have il carried
by a popular majority OF 1,164,5s6."
This referred to the vote on a State
referendum proposing a memorial to
Congress to modify the Volstead act,
by permitting the several States to
make their own definitions as to what
constituted Intoxicating liquor. The
proposal was carried by a vote OF
approximately 3 10 /.
In the meanwhile" continued the
governor, there devolves upon the
state the sacred duty Of sustaining
the eighteenth amendment and the
Volstead law. They arc as much n
part OF the laws OF this State as our
own statutes and our own constitu.
tion. In fact. the Constitution OF the
United States declares that document
and the laws made pursuant to t.,
to be the supreme law of the land and
the judges In every State bound there.
by. anything in the Constitution and
the laws OF the State to the contrary
Notwithstanding.
Police Power Delegated.
aside from tho limited number Of
policemen who patrol the sparsely
settled sections OF the State. the
states police power II delegated, and
we ind IL exercised In the first in.
stance by the village constable, the
sherins and deputy sheriffs, and the
police officials OF the cities. / speak
only the truth when ! say that the
people OF any locality get the degree OF
law enforcement upon which they In.
sist and for which they arc willing to
pay.
AS far as I am concerned, IN
oDedienco to my oath TO sustain the
constitution OF the United States.
nave repeatedly promised the people
tnat SO lar as IL lies In my power in
tHe constitutional or statute law,
VIII remove from Office, upon proper
proof being presented, any public or.
nciai charged with iaxity In enforce.
nent or the law. Obedience to law IN
the foundation stone upon which the
structure OF government rests. Uni.
FORM enforcement. uniform obedience
IN necessary to preserve the dignity
ana tho ma jesty of the law. Law en-.
forcement must OF necessity begin
with arrest. Too many m.sinformed
people look for detailed enforcement
from the head rather than from the
root OF police power.
Asks Amendment.
'Tnasmuch an the Federal Govern.
ment leaves the State free In tts
choice OF approval or disapproval of
amendments to the Constitution, |
wouid suggest amendment TO our own
constitution IN this State. to the end
that no future amendments to the
Federal Constitution he acted upon by
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