Monday, May. 28, 1923

As the President Reasons

Mr. Harding's letter, by bringing up the question of state enforcement of national laws, lifted the question of the repeal of New York's prohibition law from a local to a national issue. The officers of New York are bound to enforce national laws, but the existence of state law makes the question of enforcement a special instead of a general duty. In New York, during the 15 months before the state law was passed, police made 2,400 arrests for violation of the Volstead Act. In the nine months succeeding the passage of the state law they made 10,000 arrests.

Comment on the President's attitude is extreme in its divergence. One paper, typical of a certain group, declared: " We commend this sound doctrine to Governor Smith. It states the whole problem before him." Another, of the opposite school, ejaculates: "Just when it became the duty of a state to relieve the Federal Government of the expense and annoyance of enforcing Federal laws we do not know. As for Mr. Harding, he seems mentally incapable of distinguishing between the 18th Amendment and the Volstead Act. . . He insists that it is the Constitutional duty of every state to incorporate the Volstead Act into its own body of law, which is ridiculous. He might as well assert that every state is bound to enact the Sherman Anti-Trust Law, the Federal Trade Commission Law, etc."

There is no doubt that the President is determined to push the difficult question of enforcing the Volstead Act. He has already had one conference with state governors on the subject, and another is to be held soon. His letter indicates how earnestly he will press the governors for their assistance in the task of enforcement.