The Counsel to the Governor of New York (Poletti) to the Secretary of State
[Received November 6.]
Sir: Upon receipt of your letter of August 22nd88 informing the Governor that the Department of State had received a communication from the German Embassy in Washington appertaining to the possible conflict between the provisions of Section 84 of the Alcoholic Beverage Control Law of the State of New York and Article I of the Treaty of Friendship, Commerce and Consular Rights between the United States and Germany of December 8, 1923, the Governor transmitted your letter to the Attorney General of the State for his views.
The Attorney General has recently informed the Governor that he has considerable doubt as to the validity of the provisions of Section 84 of the Alcoholic Beverage Control Law. Two photostatic copies of his opinion are enclosed. However, unless altered or repealed by the Legislature that convenes in January, 1934, those provisions, as you know, stand until declared invalid by a court of proper jurisdiction. But in view of the opinion of the Attorney General, it is most likely that the provisions of Section 84 of the Alcoholic Beverage Control Law will be altered during the coming session of the Legislature.
It is impossible for the Governor to inform you whether the Legislature in enacting those provisions of law considered their possible conflict with the rights granted under various commercial treaties between the United States and foreign countries.