Douglas daily dispatch., 1928-02-02
SUPREME NEED
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4
The speaker suggested, among other
things, that the federal government
give financial aid to the states in pro-
hibitlon enforcement, somewhat after
the manner of the federal aid system
by which states now are assisted in
road building and other enterprises of
national concern. He denied the charga
that in enforcing the 18th amendment
the federal government was infring
ing states rights pointing out that 46
of the states had themselves ratified
the amendment, binding all the states
by overwhelming consent.
He made direct reference to Cover
or Smith in recounting that neither
New York nor Maryland had a state
prohibition enforcement act, and de-
clared that in both states the burden
Eof enforcement had been left upon an
insufficiently large staff Of federal
agents
Considerable misunderstanding of
the consequences of the repeal OF the
state enforcement act in New York has
been created by recent utterances of the
governor of that State,,' Mr.. McAdoo
continued. after giving his approval
to the act repeating the state prohlbi-
p ~ -
ton law, the governor now says that
there devolveS upon the state the
sacred duty of sustaining the eigh-
teenth amendment and the Volstead
act. They are as much a part of the
laws of this state as our own statutes
and our own constitution, and he
then goes on to imply that even in the
absence of a state enforcement act
the police agencies of the state are
available for the enforcement of pro-
hibition
Ills effort is apparently to create
the impression that no state enforce
ment statute is necessary because even
in the absence of such a statute the
state officials are under an obligation
to enforce the Volstead act. This posi-
ton is entirely misleading and has no
justification in law While it is, of
course, true that the eighteenth
amendment is a part of the laws Of
every state, the eighteenth amend
ment is not f-executing and requires
an enforcement statute to put it into
effect. The Volstead act is such a.
statute, but it is not true that the
Volstead act is a part of the laws OF
the state of New York.
Because the state courts are thus
without jurisdiction to enforce the
Volstead act, the police find them
hselves paralyzed in any efforts they
may make to enforce prohibition in
the state courts. The sacred duty
upon state officials of which the gov
ernor speaks, doubtless exists, but the
means of performing it were taken
away from them when jurisdiction
over prohibition offenses was removed
from the state courts by repeal of the
state enforcement act.
Mr. McAdoo declared it was the OBJ
I ject of the organized liquor interests
/ to destroy the prohibition amendment
state by state with the hope of bring
! ing the whole country into the category
] of New York and Maryland.
!. "This then" he said, lis the issue
shall disobedience to the supreme law
of the land, as practiced by New York
j and Maryland, be permitted to eStab-
1ish a doctrine which, carried to its
i logical conclusions, means the destruc-,
! tion of constitutional government and
/ the disappearance of those guarantees
/ Of life, liberty and property which are
/ essential to the security and well-be-
i ing of the people and to the continual
ton of our form of government?
'sThe issue cannot be evaded. ItI
must be fought to 2 conclusion, in the
! forthcoming national campaign. The
contest between the two great political
parties for. the control Of the ,presi-
dency and the congress of the United
States affords the only national refer
endum for the decision of great cues
/ tions of this kind, and we must have
! the courage and sincerity to present
| this issue squarely to the people SO
that their Judgment may be rendered
in the light of reason and with full
knowledge of the facts"
New York's repeal Of its state en-
/ forccnent act, Mr.. McAdoo continued,
made unavailable for enforcement pur-
I poses some $4,000 state officials, in
! Guiding judges, prosecuting attorneys
and state police, and left the task toI
ia federal force of only about 500 per-
sons. He added that a Similar situa-
! ticn obtained in Maryland.
/ AS a part of any effort to secure en- /
I forcement and obedience of the dry
flaws Mr.. McAdoo advocated a cam
ipaign of education, including short
course in every public school ''designed
! to acuuaint the pupils with the evils
| and dangers of intoXicants ana mar /
| cotics.'
! present conditions cannot be allow I
led to continue he said. If the law is I
! a good law it must not be repealed;
and if it remains unrepealed it must
be enforced. TIA.
"The patriotic intelligence OF the
country should be directed to the best
means of securing enforcement.
."Thus far no effective effort on the i
part of the federal government has
been made. This is due partly TO in (
adequate appropriations and partly to-
the failure Of the federal government
to secure from the states the co-opera-
ton which is essential if enforcement
is to be made less difficult and more
successful. Z
HT+ ic IF outstanding Importance to