Perth Amboy evening news., 1919-09-17
WASHINGTON IS
| WATCHING n. ].
.ScuIIy Makes Statement In
State Primary Fight

WASHINGTON, Sept. 17:-wash
ington is deeply interested in the
campaign that is being waged by
candidates for governor On both the
Democratic and Republican side.
That has been evident for some time.
One of the reasons for that interest
Is the fact that several of the candi-
dates, in their desire to win the sup
port of the wet interests, have NC
ceeded in creating the impression
that they have up their sleeves a way
to beat the national prohibition
amendment through that provision
of the amendment which confers on
the several states concurrent power
to enforce its provisions.
Members of congress-, particularly
those identified with framing the
prohibition amendment and steering
1t through congress are watching
material campaign with Jealous atten-
ton, and with q determination that
the power Of the national congress
shall not be regarded lightly.
An indication of the deep interest
taken by Washington in the New Jsr-
sey campaign, in its relation to the
national prohibition amendment, is
shown by two letters h a have been
received by Representative Thomas
J.. Scully, of the Third New Jersey
Congress District, one from Repre-
sentative Allen w. Barley, who Is
the recognized authority om the pro-
hibition amendment in the House.
and the other from Senator Morris
Sheppard, who occupies the same
position in the Senate.
Representative Barkley seys in
part:
- ~ o,,ant;o. 1f xryh OF
duties and obligations this provision
places on the state. as well as the
actual powers which it confers upon
them.
This question was the occasion for
considerable debate, both in Commit
tee and in the House, at h time the
amendment was submitted, and as is
true of most other questions involving
an Interpretation of legislative intent,
good lawyers will differ as to its full
meaning.
1.-The intention of this provision was
to give the states. through legislative
enactment and executive authority,
the same power to enforce thls
amendment as is possessed by the
Federal government. Their power Is
concurrent, that Is, 1t is co-existent.
The states being hus given the power
to enforce the amendment, 1t be-
comes their duty to do so just as
much as 1t Is the duty of the United
States government. Power In a case
Of this kind presupposes a duty to ex-
ercise it."
Senator Sheppard in his letter puts
his views even more emphatically
than Representative Barkley does. He
says:
In my judgment, no greater calam-
ity could come to a state than to elect
a candidate for Governor on a plat
form, expresse or implied, of opposi-
ton to the Prohibition Amendment
to the Federal Constitution. or for
that matter, of opposition to any part
Of the Federal Constitution. Article
vi, of the Federal Constitution Is as
follows:
THE Senators and Representatives
before mentioned, and the members
of the several State Legislatures. and
all executive and judicial officers,
both Of the United States and of the
several states. shall be bound by oath
or affirmation, to support this Con-
stitution."
State officers are authorized to ar
rest violators of the Federal Law, and
bind them yer to the Federal Court.
Suppose a chief executive of a state
should be elected on an issue of nom
enforcement of the Federal Law.
Would that not encourage other Off
Gals OF the state to ignore infractions
of this law? Would not 1t encourage
lawlessness in general? How could
turies and minor officers be expected
to enforce a law when the chief exec
utive of the state had announced his
polio vas one Of acknowledgements of
law.
II have always been opposed to
said Representative
Scully to whom the letters quoted
above were addressed, and I am still
opposed to it but all the authorities
I can find give opinions which con-
vince me that James r. Nugent is
trying to fool the voters as to what
he can do if elected governor. The
only power that can beat the Federal
Amendment, o. prevent
its enforcement. Is the Congress at
Washington. When Mr.. Nugent says
anything else, he is trying to get votes
by false p~retenses."