Evening Star Newspaper, June 2, 1923, Page 3

NATIONAL POLITIS I+ PSET BY SHITH Choice . of Candidates and Making of Party Platforms in 1924 Muddled. BY DAVID LAWRENCE. Gov. Al Smith of New York has eompletely upset the national political situation not only With respect to the choice of presidential candidates for 1924, but the making of the two na- tional party platforms. Going back to the historic doctrine Gov. Smith's memorandum on the re- peal of the Mullan-Gage law follows: The bill under consideration pro- poses to repeal article penal law, which enacted into the statute laws of the state substan- tially the provisions of the Volstead act. Because of the far-reaching inter- est in this bill displayed by all classes of our people I have given nearly one month of solid and careful thought to its final disposition. 1 deem it wise to go into some detail in order to clear up misunderstanding on the | part of a great many of the people who have written or spoken to me of states’ rights, which the democratic | party has held so dear for a century. but which was temporarily obliterated by the necessities of the world war, | the Governor of New York has issued an appeal to the people of America to | preserve the sovereignty of the states of the Union as guaranteed them by | the Constitution. | Mssue in South. States’ rights is a fundamental is- sue in the south, the stronghold of democracy. When tied up to the pro- hibition question it becomes a live issue in the north and east. Gov. Smith did not embrace the extreme wet side of the controversy. nor did | he recede one step from the obliga- | tion of the citizenry of the nation to! obey the laws of the federal govern- ment. But he did present a construc- tive program whereby each state can regulate the liquor guestion accord- ing to the wishes of its own pecple. | Home rule, local regulation. states rights—all these slogans will heard from in the next twelve montks as the advocates of a modification of | the existing situation with respect to} the Volstead law press for a change, Whether Al Smith wins the democratic | nomination for the presidency on the platform of his memorandum, written as he signed the repeal of New York state’s prohibition enforcement law is ! for the moment an open question and is | complicated by the merits of other can. didacies and other issues, but the bold siep taken by the governor of & state | where the democratic party rolled up! its biggest majority will have a definite | influence on the making of the demo- cratic platform. It would not be sur- | prising if the Smith memorandum form- ed the basis of the democratic plat- form in the nation. | Many Want Smith. Naturally Al Smith is the man eastern democracy would want to see nominated on that kind of a platform, as his fame has spread to Massachusetts, New Jer- sey and the eastern seaboard, where enough electoral votes might be mus- tered to add to the votes of the solid | south and a victory achieved without.! regard to the “dry” west. The south | would stick on the doctrine of states’ rights, because prohibition could still be enforced as rigidly there it was before the eighteenth amendment was adopted Indirectly the influence of such a! ve would be felt in Congress. Mem- from the south uphold the Vol- stead law because they are committed to the dry side in their own states.| but if the democratic national plat- form revived the issue of states’ rights | and a way was pointed out whereby the traflic in liquor could still be regu- | lated by each state, the delegations | from southern states would be deeply | impressed and possibly swung to the ranks of the group wishing to ame the Volstead law. Religion Complicates, Al Smith’s own chances for nomination are complicated by his re- ligion. ~‘Traditionally, the politicians ! have a'ways maintained that a Catho- lic_could not be nominated by either | party because he would not have a chatice of election. The theor | never been tested out, but many lar conjectures have gone by boards. One was that a southerner | would never be nominated for the | presidency after the civil war. It| took many years, but Woodrow Wilson, | a native of Virginia. finally was nomi nated and elected, thus breaking that | tradition. Another argument of the | politicluns was that a Catholic didn't have a chance to become governor In ! a populous state. But Al Smith has i shattered that theory. And so have | prominent Catholics in other states. | When it gets down to brass tacks in the democratic convention, there- | fore, the likelihood is that Al Smith's | stock will be weighed on an entirel different basis. It will be. first, wheti- | er he can carry enough states to win, whether his stand on prohibition will be an asset or a lability, and whether men like William Gibbs McAdoo, James M. Cox, Senator Ralston of In- diana or John W. Davis of New York cai approach the electorate from an- other angle and win New York's politicians. the | especially SPECIAL NOTICES. TARK YOUR CAR WITH CARTY. HAVE your batters recharged during the day, in § hours, by the new Constant Potertial Method. Save ‘money. 1803 14th. _Open evenings to 9. T HERERY GIVE NOTICE THAT 1 WILL not be responsible for any hills contracted for only by f. MAURICE ROLLO MICHAE s THE ANNUAL MEETIN ERS nf the Gienwood cemetery will be held in the Sunday school room of ‘the United Brethren Church, corner of North Capitol and R sts. n.w.. on Monday evening. June 4, at 7 o'clock sharp. All lot owners are earnestly requeste? %o be present. By order of the hoard of trustees. WILLIAM E. WISE. Secretary. FOR RENT, party of 12 conveniences: Franklin large office room, electric fans second “floor. ~ Apply early. E OF AMERI- _1403 | St. N.iv. FOR CHARTER, MOTO! A high and wide ‘cabin: cruising or day yiow, Capt. LEE. 014 1ith st. v Frank- lin 2878, % THE ANNUAL MEETING OF SUCH OF THE holders of lots in Oak Hill cemetery as are entitled to vote will be held at the company's office on Monday, June 4, 1923, at 5 o'clock p.m., for the purpose of ‘electing a board of managers to serve during the ensuing year. H. S. MATTHEWS. Secretary. TO HOLDERS OF WASHINGTON Gas Light Compa Five Year Seven and One- half Per Cent. Gold Notes.—Pursuant to the right reserved by the Washington ¢ Light Compans in its five-year seven and one-half per cent. gold motes, and the provisions con- tained in article t of the indenture re garding the same, dated January 1, 1821, from ny to American Security and Trust notice in hereby given N hington Light Company of its Intention to redeem aud pay all of sald out- Manding five-year seven and one-half per rent. gold motes at one hundred and threq per tent of the par value thereof, and the' ac- trued interest thereon, on July 1, 1928, at the ®ffice of the said trustee, corner of 15th st. and Pennsylvs ve. northwest, Washington, 1. O. Interest will cease to accrue on said notes on and after July 1, 1923, and any and all liability of the Washington Gas Light Company upon said notes shall thereupon cease and determine. WASHINGTON GAS LIGHT COMPANY. By ORD PRESTON, Vice President. AMERICAN SECURITY & TRUST COMPANY. By C. J. BELL, President, Trus- tee. Cor. 15th st. and Pa. ave. n.w., Wash- ington, D. C. WANTED_A VAN LOAD\OF FURNITURE FROM BOSTON.... _JUNE 4 JUNE 8 1 CUMBERLAND U SMALL LOTS TO PHILADELPHIA WEEKLY SERVICE FOR SMA AND FROM BOSTON AND INTERMEDIATE THE BIG FOUR TRANSFER CO.. INC. 1125 14th BT. N.W. MATN 0483, The American Fire Insurance Co. of the District of Columbia. The snnual electjon of trustees of The American Fire Insurance Co. of D. C.. will be held at the office of the ‘company. 5i1 Tth st. n.w., on Thursday, June 21, 1923. Polls open from 11 a.m. to'1 p.m. _Fiftieth anni- Versary. Organised Jue 19, 1873, NOTICE nd about it and to make clear the rea- ) sons for the action T am taking. Cateful Study. It is furthest from my thoughts to question the motives of the men and women of integrity throughout the state who, with an eye single to the right and the just. have arrayed themselves on different sides of the question presented. me seem to think that my approval will mean the | preservation of American institutions. Many others, impelled by equally pa- triotic motives, seem to feel that my approval will be destructive of Amer- ican governmen:. Obviously both cannqt be right, and T have therefore given careful study to the question involved and the arguments submit- ted in ordef that my final disposition of it may be in full and complete ac- cord with what my conscience dic- tates. Question Under Re A brief review at this time of the en- tire question at issue so far as the state.| New York is concerned would be helpful. The eighteenth amendment to the federal Constitution was ratified by jthe legislature of this state at the ses- sion of 1919. In 1920 the same senate and assembly, presided over and directed by the same leaders, enacted the called 2.75 per cent beer and wine bill This bill I approved. It was afterward held unconstitutional and the United States Supreme Court declared in ren- ering its decision that the word “con- current” in the eighteenth amendment referred only to. concurrence In legisla- tion which Congress passed to execute | the provisions of the eighteenth amend- ment and did not permit the states to adopt a definition of an intoxicating beverage inconsistent with the defini- tion contained in the federal law. In short, the state is therefore limited in defining an intoxicating beverage to one | % containing not more than % of 1 per cent of alcohol. In 1922 the democratic state conven- tion inserted in its platform a plank fa- voring an amendment to the Volstead act which would wermit the states under certain restrictions and after popular referendum to permit traffic in light wines and beer not regarded as intoxi- cating beverages. That platform and the candidates who ran upon it received the overwhelming support of the people of this state at the last election. 1 cite all this merely as indicating by history the attitude of a majority of the people of this state toward this whole question. Nevertheless, it is % fact that the eight- eenth amendment is the law of the land and 1o one suggests, least of all the leg- slature of this state or myself, that should be violated. Penalty Rigorous, In 1921 there was enacted in this state what has come to be known as he Mullan-Gage law. It put into the Tammany, see only one thing—pro- hibition as the big issue—personal liberty and state’s rights giving them a good talking point. Al Smith will {have New York state's support in the democratic national convention. Prob- ably Illinois and New Jersey will tand behind him, too. with aid from lassachusetts and other so-called It will be important nucleus to reckon with. New York hasn't had a successful candidate since the da: of Grover Cleveland. The argument of Tammany will be that Al Smith can carry New York state, a potent argument with other delegations, as the democracy from the south and elsewhere wants to win. It means committee chairman- ships in Congress and success in local election Politics is_ full of bigotries, of course, but when all is said and done 1l prejudices and defects fade away when there is a paramount issue. And there are many democrats high in the councils of the party who be- lieve Al Smith has given democracy a chance to make a real issue of pro- hibition, particularly inasmuch as President Harding is 100 per cent dry and stands for centralization of power in the federal government—a natural cleavage of parties reminis- cent of prewar days. (Copyright, 1923.) SPECIAL NOTICES. HYDROLIGHTER MAKES YOUR heater automatic; saves gas «ee demonstration. 410 Rond bldg EXTERIOR PAINTING Tight price. JOSEPH Linc_4715.-W. 5% 8 saves I water steps INTERIOR _AND done right at_the CARDEN. 410 H st. n.e. g WANTED—TO BRING A VAN LOAD OF furniture back from Philadelphis. Wilming tor Baitimore to ington and carry 1oad to Richmond, Va. SMITH'S TRANSFER & STORAGE_CO. Cement Work . coping, garage floors. rein- . "NORTHEAST CONCRETE (0., Lin. 500. 2¢ NOTICE To_TRE FUBLIC. Change in Freight Service Effective June 4 to 8, 1923, inclusive. Walks, torced work. 27 7th On account of extra passenger service to be operated Shrine week. the following changes in frelght service are necessary and will be offective June 4 to 8. 1923, inclusive: & WASHINGTON, ALEXANDRIA AND MOUNT ERNON DIVISION STATIONS, r milk traios will ron as usual Onf FERISHABLE FREIGHT ACCEPTED for shipment between Alexandria ‘and Wash- {ogton and such freight must be delivered us before 8:30 a.m. in Alexandria and 9:30 a.m. in Washingion. No. freight accepted for stations on Falls hurch Division. . O ate-door delivers in Alexandria will be continued. AIOSSLTN. YA AND FALLS CHURCH DIVISION STATIONS. Regular milk train will run freight accepted for Washington, Alex- and stations on the Mount Vernon and Division. Regular service between Rossiyn and Falls Church Divisfon Stations. WASHINGTON-VIRGINIA RAILWAY COMPANY. HAVE PRETTY FLOORS 01d floors made new or floors laid. C. H. ADAMS, Barrister bldg. Main 1457 Night Frank. 6847 Printing Certainty ~—instead of ‘'chs *—consult grade but not bigh priced."” PRINTER, HOW ROOF? Let our expert Roof men examine the Roof now and do any necessary repairing. Reofing, 1416 F st. a. IRONCLAD gt 1 eaiadintia. The Million Dollar Printing Plant Satistaction—plus. The National Capital Press T12101212 D st. n.w. “Biggs Puts HEAT i Heating. _ Better Let Us Get Busy —now’ Remodeling that old Heating Plant or replacing it altogether. Why: wait till fall? 3¢ “High ThemBiggx Engineering Co. RREN W. BIGGS, President. 1310 14th St. N.W. “Tel. Frank. 817. BERGMANY. Secrefary. NOTI! your roof repaired and paint- xperts of 85 vears ex. e e oussie pettos, Al Wock Fuasenioed. mate. Reason otk guataniced, Jioofing Experts of 35 Years. Phone M. 760. ROOF EXPERTS Estimates cheerfully fufaisbed free, R. K. FERGUSON, Inc. —Now is the time to have ©d. Let the roofin 8 submit to you their esti- Grafton&Son,Inc.,, "3 2= Repairing and Painting. Rooing Dept., 1134 9th st. Ph. M. 2490-349L ON YOUR ROOF ‘ProfecTin” Roof Paint—good fasbioned quality in a much needed m: terial. Keeps out rust, lasts for years; __rich, red Let us' apply it! KwN ROOFING 1422 F 8t N.W. COMPANY Phoue Main 983, 113 of the| ALBANY, June 2.—The full text of | penal statutes substantialiy all of the i | | | i 1 1 1 | | 1 | | citizens, {them and we are bound by the con- | jtion on the part of the several states | will still rest upon the peace officers “THE Text of Smith’s Statement On Repeal of State Dry Law provisions of the Volstead act, but accompanied them by even more rig- orous provisions -as to search and seizure. I make no criticism of this action on the part of the legislature, but I am entirely unwilling to admit the contention that there was put upon the state. either by the eighteenth amendment, the Volstead act or the United States Supreme Court decision any obligation to pass any law adopt- ing into the state law the provisions of the Volstead act. Learned jurists who have given the best years of their { lives to judicial service in this state | have so ‘advised me. Leading mem- bers of the bar of other states concur fully in this belief. Advising the electorate of the state of Massachu- setts, every }ving former attorney general of that commonwealth, as well as many of her distinguished lawyers, said: “The eighteenth amendment gives to Congress and to each of the forty- eight states the concurrent right to enforce the amendment. This is not a command, but an option. It does not create a duty.” 1 have read thousands of letters and 1 have listened to the fullest discus- sion, and no one has pointed out to me any provision of the Constitution or of ‘the statutes or any decision of the United States Supreme Court which imposes upon our state any constitu- tional duty to maintain a state enforce- ment act, and 1 am satisfled that as a matter of law this contention does not admit of doubt. Deals With Three Classes. 1 am dealing with three classes of people, the radical drys, the radical wets and those who hold moderate views on this subject. The drys seem to see a moral duty on the part of the state to maintain an enforcement act. They are undoubtedly led to this conclusion by their own frame of mind, because they do not suggest that the state maintain an act merely enforcing the elghteenth amendment in accordance with the wishes of the majority of the people of the state, but they insist that there be a state enforcement act exactly paralleling the Volstead act Congress made its determination as to what constituted an intoxicant. This state decidedly disagreed wit that determination. After all is said | and done, whatever may be the in-| terpretation of the eighteenth amend- ment by any class or group of our under our form of govern- ment we look to the courts for the interpretation which we must all fol- low. ~While legislative bodies make | the laws, the courts must construe struction put upon them by our judicial tribunals. The United States Supreme Court said: “The power con- fined to Congress by the eighteenth amendment is in_nowise dependent upon or affected by action or inac- or any of_them. Holds Congress Responsible. It the right of Congress is para- mount, its responsibility must be paramount. Expanding _this ment signed by tl assachusetts add: Nullification, as defined by the| highest authority, is the action of a state intended to abrogate within its limits " the operation of a federal | aw This no one proposes to do. The mere omission to maintain a state statute in no way abrogates a fed- eral statute. Tt seems to me that| effectually disposes of the loose talk j about the nullification of the Con- | stitution by refusal of any of thel states to enact separate statutes. { Ingsmuch as it would be physi-| cally impossible for me to make an- | ver to all of the communications received by me from citizens of our own state as well ‘as from other| states who have sought to guide and advise me in this matter, I would like, as a mark of my appreciation | of their efforts, to deal here with the considerations urged by them, as. well as with considerations urged in one or all arguments made at the hearing. Let me first of the Mullan- Jts repeal will not make single act which was illegal the period of the existence statute. ‘Will Not Mean Liquer. Many communications I have re- celved and arguments that have been made to me indicate a belief that its repeal will make possible the manufacture. sale and umr(hunnni | the state- general ay what ge law the repeal will not do. legal du of i | CH the | of light wines and beer. So far as that is concerned it will still be | under the control it is today. subject to the provisions of the Volstead act. Repeal of the Mullan-Gage law will not bring back light wines and beer. The Supreme Court of the United States said: “The Constitution. laws and treaties of the United States are as much the part of the law of every state as its own local laws and constitution. That means that after repeal there of this state the sacred responsibil- ity of sustaining the Volstead act with as much force and as much vigor as they would enforce any state law or local ordinance, and 1| shall expect the discharge of that duty in the fullest measure by every peace officer in the state. The only difference after repeal is that today the police officer may take the of- fender for prosecution to the state court, to the federal court. or to both.” After the repeal of the Mul- lan-Gage law the prosecution must be where it belongs—in the federal court. 1In law and in fact there is no more lawlessness in repealing the | Mullan-Gage law tham there is in the fallure of the state to pass statutes making it a state crime to violate any other federal penal statute. i Must Enforce Volstead Aect. Let it be understood at once and| for all that this repeal does not in the slightest degree lessen the obli gation of peace officers of the state to enforce in its strictest letter the Volstead act. -and warning to that effect is herein contained as coming from the chief executive of the state of New York. At this point, with all the earnest- ness that I am able to bring to my command, let me assure the thou- sands of people who wrote to me on this subject and the citizens of the state generally, that the repeal of the Mullan-Gage law will not and can not by any possible stretch of the imagination bring back into ex- istence the saloon, which is and ought to be a defunct institutfon in this country. and any attempt at its re-establishment by a misconstru tion of the executive attitude on this bill will be forcefully and vigorously suppressed. ‘What Repeal Will Do. Let me now say what the repeal of_the Mullan-Gage law will do. Its repeal will do away entirely with the possibility of double jeop- ardy for violation of the law eiforc- ETime for a good | { fusal of grand juries to indict and of | tion of proper enforcement rests pri- | certainly lawaken in the public mind the funda- EVENING -STAR, WASHINGTON. Ing the eighteenth amendment. By that we mean that no citizen shail be twice punished for the one oftense, Under. the United States Supreme Court decision in the Lansea case a clitizen is today subjecied to double trial, and even to double punishment or @ single offense, because such alleged offense is a violation of both the state and the federal law. Thi is an unwarranted ‘and indefensibl exception to the fundamental con- stitutional guaranty contained in both the federal and state constitu- tions that no person shall be twice tried or. .punished for the same offense. The repeal of the Mullan-Gage law will put the state in harmony with the recent decision by United States District Judge Knox declaring & portion of the Volstead act to be in contravention of the eighteenth amendment. By that decision the United States district court in New. York has laid down the principle; that the prohibition contained in the eighteenth amendment does not ap- Ply to the necessary and proper pre- scription ~ of alcoholic liquors ~ for medicinal purposes and that the federal government gains no power under the Volstead act except to prohibit trafic in alcoholic liquors for beverage purposes as distinct form medicinal purposes. Provisions of the Mullan-Gage law If let in force would still maintain in the law of ‘this state the limitations con- tained in the Volstead act, which the great body of the medical profession in our state seems practically unani. mous in denouncing as an interfer- ence with the necessary requirements of their profession. The repeal of the Mullan-Gage law will mean that violations of the Voi- stead act will hereafter be prose- cuted in the federal courts. This, to my mind, seems to be desirable, as! it will fix in the minds of offenders the thought that they have violated a federal statute intcnded to effect uate an amendment to the Consi tution of the United States rather than have them harbor the thought that they are simply estanding against what a great many of them may be led to believe is merely a local legislation. 1 The burden imposed on the state to} prosecute traffickers in liquor as vio- lators of a state statute is a waste- ful and futile one use of the re- petit juries to convict Let us apply to this question principles of good business. judgment and common sense. ised myseclf that 1 would not con- sider this subject solely from the standpoint of constitutional law or political expedien and 1 have labored to make my study of it prac tical. While there will be no let-up on the part of the police officials of this state in the enforcement of the Volstead act, I cannot help thinking and saying. as 1 owe it to the people of this state to say. that the real solu- the good i prom- marily with the federal government. The practical side of this question. to my way of thinking. indicates tha little if any of the liquor consumed | in this state is manufactured here It is imported from foreizn coun- tries. The federal government is the one agency that can attack the base of supply. It is infinitely easier to stop the smuggling in of 500 cases of liquor before bulk is broken than to) trace the same 500 after they find their way into different parts of the| state in vmall quantitie Blames Divided Responsibility, The division of responsibility for primary execution of the enforce-| ment law may in part explain the| failure of federal enforcement offi- cials to stop the smuggling of liquor in bulk into this state, which has raised serfous question | as to the efliciency and in some cases the earnestn of federal enforce- | ment agencies. Whenever the ult mate responsibility is «divided there is a tendency for each authority or agency upon whom it rests to rely upon the other, The state in the nature of things cannot guard her frontiers of iand and water against this smuggling as well as the fed- eral authorities should be able to do| it. If we place squarely upon the} federal authorities the primary duty and obligation to put an »nd to the ‘mous smuggling of liquor from ign countries into this state it be where it rightfully belongs, and we will have tzken a long step forward to the re-establishment of respect for the enforcement of law Over and beyond all this. I belleve the approval of this repeal will re- mental conception of the law of the lund and re-establish beyond doubt what constitutes the essentials of the relation between the federal govern- ment and the sovereign states of the Union Replies to Harding. Recently the President of the| United States, in reply to a letter from a citizen of this state who had | suggested to the President that the repeal of this act hore the color of treason. said, without disclaiming this particular suggestion, ‘“with much that you I'am fully in ac- cord. 1 yleld to no man in this country when it comes to respect for the utterances of the Chief Executive of the United States, but it is im- possible for me to be unmindful of tha fact that I am the chief ex- ecutive of a sovereign state, and I am entirely in accord with a stat ment put forth in the course of this discussion and signed by former Judge Willard Bartlett, Almet F. Jenks, E. Henry Lacombe and Austen G. Fox, which deait with the letter of dlhv President and which in part i “It would be a calamity to permit \To any student of our government I ifederal government has at this time | statute affirmatively | tent. uch fundamental misconceptions of the relations between the states and the federal government as may seem to be suggested by portions of the President’s letter to pass unchal- lenged. . The children in our public schools have been taught to belleve that our government rests upon the found. tion that the states are soverelgn with respect to all powers not ex- pressly delegated by them to the ‘ederal government, and that while the laws of Congress are paramount within the ‘delegated ‘power, the states are soverelgn within the re- served power. History gives us the reason for this. In the formation of the Union our forefathers In their wisdom understood that with our vast area and its heterogeneous popula tions, with their varying local inter- ests, what may be sound local policy in one community may be entirely in- appropriate to the needs of another. 1 think it must be apparent that one of the great elements in the strength of our democracy is the supremacy of the federal government in its own sphere and the sovereignty of the several states in theirs. Vigilance Liberty's Price. We have been taught that eternal vigilance is the prige of liberty, and how far we may wander from the thoughts and ideals of the founders of our government is well illustrated Dby the suggestions in the President's; letter that because the states have a larger police force than the federal government has, and because the what the President describes as an inadequate machinery for the en- forcement of the Volstead act, there- fore the states are obliged severally to enact statues duplicating the Vol stead act. Iam unable to understand from what source he believes this obligation to be derived and he does not disclose it. The President might with equal force suggest that at any time Congress in its wisdom saw fit to wiihhold adequate appropriation for the enforcement of any federal law there immediately devolved & duty upon each state to enact that federal law into a state statute and make every offense against federal law not enforced, a duty upon the states to punish it as a state offense and at state expense. 1+ am not here discussing the w dom or unwisdom of prohibition The question is, rather, whether all vestige of the rights of the states guaranteed by the federal Constitu- tion is to be driven from our political theory of government. With all re- spect for the President of the United States. | must here reassert this principle against his challenge, and as the chief executive of the greatest sovereignty in the Union it is’ my duty to declare and maintain that sovereignty in exact accordance with the guaranties of the Constitution. This does not mean that a state has any right or power to enact 4ny law that in any way infringes upc constitutional act of Congress, but it does mean that the federal govern- ment has no right to impose upon the state any obligation to pass an embodriny an; tederal statute. The whole treatmeni of this qu tion—and I saeak only from history— bas been marked by hypocrisy. There should be no such thing as carrying water on both shoulders, What the country | looking for today, if 1 read the signs of the times aright, is a constructive, forward-looking suggestion that disregards entire the tanatical wets and the fanatical drys. Lrges Volstead Ame 1 yield to no man in my reverence #nd respect for the Constitution of the United States and I advocate nothing which will infringe upon the provisiol of the elghteenth amend- It is, nevertheless, a fact that ihe definition of an intoxicating bev- crage contained in the Volstead act is not_an honest or a common-sense cne. It is impossible to divorce fro: the public mind the impression that the definition of an intoxicating bev- erage as containing not more than one-half of 1 per cent of alcohol was written by the fanatical drys in de- fiance of the general experience | of mankind and of actual fact. It seems to me that common sense, backed up by good medical opinion, can find a more scientific definition of what constitutes an intoxicating beverage. Such a definition should be adopted by Congress as a proper | and reasonable amendment of the Volstead act, and a maximum alco- holic content should be prescribed by Congress, which would Iimit all states to the traffic in liquors which | are in fact non-intoxicating within{ the meaning of the eighteenth amend- | ment. Subject to that limitation, | each state should thereafter be left free to determine for itself what would constitute an intoxicating bev- erage. States which then wished t trafic_to beverages containing not more than one-half of 1 per cent of alcohol would be free to do so nndi those whichh desired to extend the traffic to the maximum limitation al- lowed by federal statute would be | equally free to do so. There could | be, within the limitations of the maximum, many differences of de- gree, extending even to the com- prlete prohibition by some states of traffic in liquor containing any alcohol ment. 0 lum Offers Tdea to Nation. This would be in keeping with the freedom and liberty of different states with differing local conditions to legislate for themselves, subject always to the maximum limitation enacted by Congress which would be paramoun I offer this as a constructive sug- gestion which wili relieve the coun- try from the stress of this perplex- | ing question which affords such a widespread difference of cninion and thus give our people a chance toi i i | i i struction of this hom triumph. 1119 17th St. N. W. = _In the Heart of picture of Baby $20.00 Dozen *NDERNO0D Mnin 4400 FLAT TIRE? MAIN 500 LEETH BROTHERS Service Charge Never Over SL.O& . * Three’ thoice or* "ie office rooms,;" second floor; central downtown location; $75 mo. The Realty & Investment Corp. of ‘ Washington 735 I8k St N.W. Malm 2908 That's where our new office ® Artisans of the highes blended the best materials obtainable into an architectural We present this for your approval 38th and Jocelyn Sts. Chevy Chase, D. C. Open Sunday W. C. and A. N. Miller Realtors and Builders The present-day trend toward simplicity and artistic refinement in architecture is strikingly thanifested in the con- t type have Things D: C. SATURDAY, | statute, jscale and to a greater degree. JUNE 2, 1923. turn their minds to other and great- | er questions that are pressing for solution. Much has been said in the public prints with respect to the effect my action on this bill may have upon my own. political future. I have no political future that I am willing to attain by the sacrifice of any prin- ciple or ‘any conviction of what in my mind is for the welfare and the benefit of this state and nation. To Uphold Democraey. Because 1 believe there is nothing to be galned either for the nation or for the state by the retention of this while on the other hand, I believe that its repeal is of distinct benefit in the preservation of the rights of our people, because I be- lieve that the repeal of this statute In no way nullifies the enforcement of the Volstead act, because 1 believe that the fastening of the primary re- sponsibility for prosecution for vio- lations of the laws enforcing the eighteenth amendment should be upon the federal authorities, and be- cause I believe finally and most of all that the preservation of American democracy requires the maintenance of that balance between state and na- tion which is guaranteed by the Con- stitation of the United States and that the reassertion of that principle is today of vital consequence to the preservation of the democratic form of government guaranteed to us by the Constitution, and being mindful of the responsibility placed on me by the electorate of this state, grateful for their overwhelming vote of confi- dence, devoted as I am to the welfare of the country and to the happiness and the prosperity of the state, 1 have after careful thought arrived at the conclusion that. the bill before me should receive executive approval, and I therefore approve the bill. MODIFIED DRY LAW IS SMITH’S DEMAND IN SIGNING REPEAL (Continued from First dealt with the letter, and which said in part: . It would be a calamity to permit such fundamental conceptions of the relations between the states and the federal government as may seem to be suggested by portions of the Presi- dent’s letter to pass unchallenged.” " He then went on to set forth his conception of state sovereignty as sovereignty “with respect to all pow ers not expressly delegaced by them to the federal government.” Assert- ing that “it was my duty to declare and maintain that sovereignty in exact accordance with the guaran- tees of the Constitution.” he sald he must refute that part of the | dent's letter which he understood to mean that the various states “were obligated to enact statutes duplicat- ing the Volstead act.” FOOLISH, SAYS UPSHAW. Congreseman Hits Smith Action on Repeal Measure. ASHEVILLE, N. C. June 2-—"If New York. largely under foreign in- fluence. wants to secede from the prohibition union, get drunk and go to the devil, the nation, that believes in standing by a duly enacted con- titutional law, will refuse to follow her foolish, futile and suicidal ex- ample,” said Representative W. D. Upshaw of Georgia here. today. BROADWAY JOYOUS. Celebrates Lifting of State Liquor Ban Quietly. NEW YORK, June 2.—The liquor situation appeared to be the same in New York city today as it was béfore the s=tate enforcement act Wwas re- pealed last night. All state, county and municipal of- ficers are bound to enforce the Vol- stead act, it was pointed out by Pro- hibition Director Canfleld. “Unquestionably the repeal of the state law will stimulate and promote prohibition violation on a much larger he sald. “However, every effort will be made to offset and counteract this condition by increased effort on the part of federal forces.” Incandescent Broadwa accepted W, 2 200 2 7 2% 7, THE NEWEST HOME I WY SHANNON AND LUCHS 14th STREET TERRACE A HOME said by authorities to set a new standard of Home Plan- 3 Abe Martin Says: ' This must be th’ high ole time we've allus'heard so much about. yright N Newspaper Service, | i Browning Invents Rapid F ire'Cannoi} Of 7-Mile Range By the Associated Press OGDEN, Utah, June 2.—Inven- tion of a rapld-firing automatic cannon, capable of firing one-ands(} one-quarter-pound shells at the = rate of 120 a minute, has been per- fected by John M. Browning of Ogden, noted inventor of firearms. it is announced by hjs brother J. Edward Browning. The cannon, designed for use airplanes as well as on land or sea, according to Edward Brown- ing. has a barrel which measures in diameter only one-and-one-half inches. It weighs 160 pounds, when mounted on a tripod, and can be fired from any position without in- terference with the accuracy of the aim, he said. The range Is seven miles. The inventor is in Hartford: Conn., conferring with manufac- turers of the Browning guns 2 the news with jubilation, singing “The Sidewalks of New York." PINCHOT RAPS SMITH. Says New York Will Be Flooded With Bootleggers and Reds. By the Associated Press HARRISBURG, Pa., June 2.—Every bootlegger and every “red” will be encouraged iy the action of Gov | Smith of New York. in signing the | lmu repealing New York state’s pro- hibition enforcement measure, Gov. Pinchot declared toda in a state-| ment in which he promised !hall “whatever any other state has dnnpl or may do, Pennsylvania will stand by the constitution and the laws of jthe United States.” { The governor asserted “that the ac- | tion'of Gov. Smith will make every | | loyal American doubly determined to | | see that the Constitution and laws of ! the Union are respected,” and that this action “will undoubtedly draw { the lines more cleanly and hasten our final victory."” The statement follows Whatever any other state has done or may do, Pennsylvania will stand | by the Constitution and laws of the | United States | “As for this administration. in a i recent Memorial da address at | Gettysburg, I said: “We propose, God helping us, to use every power in- herent in this commonwealth to as-! sert and vindicate our loyalty to the | Constitutfon of the United States, and | to crush, as it deserves to be crush- | ed, the whole base and unworthy ef-! fort of the pleasure ceekers and the profit seekers to bring contempt upon the laws and the institutions which make us prosperous and make us| red, and no amount of hair splitting will alter that fact. It will make every loyal American doubly deter mined to see that the Constitution and laws of the Union are respected. The law abiding people of this nation are taking control. Gov. Smith's actiop undoubtedly will draw the lines moré clearly and hasten our final victory.™ HELPS. SAYS MULLAN. ROCHESTER. N. Y. June 2.—Al- {though deploring the action of Goy signing the Cuvillier bi'¥ g the Mullan-Gage prohibi- enforcement _act. Postmaster John B. Mullan, who introduced the latter measure in the senate and fought for its passage, declared to- day that “the repealer will be the best thing in the end for prohibition “This act of the governor will wake up some who went to sleep after the passage of the eighteenth amend ment.” the postmaster sald. “They thought the fight was all over. These people now will get back into the front-line trenches and we wjll trx to put New York state back into the Union.” Smith repeal tion e {BUCKSHOT FOR PEEPERS. Dean of Girls’ College Warns Men Spying on Dormitories. ROCHESTER, N. Y. June Feeping Toms, who in the futurs annoy the girls at William Smith College, at_Geneva, will be greeted with buckshot from the trusty dou- hle-barreled shotgun of Dean Barbars Walkey. She made this announce ment after a man was found in a tree spying on the dormitories. Dean Walker, who killed a rabbit at fif | free. ! “I repeat that now. Gov. Smith" inflmn will have two results. It will | encourage every bootlegger and every ) Per Dependable. non-fluctuat ways at par, with prompt pay and principal when due. yards last week. says she can better at closer range with a man a target i If You Believe in the United States, | You Believe in Washington! Cent Real Estate First Trust Notes ing. non-speculative and al- yment of semi-annual intcest Notes $100 to $1.000 ABKER ANDE ! 813 15th Street N.W. Number 5—Series to Follow IN THE INTOWN SUBURB ning and construction. Beautiful even beyond our own expectations. Every Main 2430 Q 7 Z 2 % W Y W, 2 one of over 200 Homes Built and Sold by us in this Suburb stands out pre-eminently, head and shoulders, so to speak, i i 1y i LY Building is located—right in the - midst of professional and finan- cial Washington —a Building specially designed and ap- pointed for comfort and con- venience; for efficiency and ef- fectiveness. Rooms flooded with daylight —and wonderful ventilation— single or en suite. Competent elevator and janitor service assured., Apply .to our Rental Dept. for particulars — Ground Floor Boss and Phelps The Home of Homes 1417 K St. Phone Main 4340 above the commonplace house. They are Refined, Dignified Homes. AND THEY COST LESS WHY PAY MORE? ‘TO INSPECT Take any 14th Street car (finest service in Washington) to Ingraham Street, or drive out 16th Street and through Colorado Avenue. Houses Open Until 9 P.M.