New-York tribune., 1919-12-25
New Executive Also Will
Ask Legislature to Le-
galize Light Wines; Lin
ing Up His Forces Now
Plans Suit to Test
National Dry Law
Root Begins Proceedings
Against Prohibition for
the Newark Brewers

Governor Edward |. Edwards,
who carried the State of New Jersey
last fall on q wet" platform, will
have introduced into the State Legis-
lature bill legalizing the sale of light
wines and beers as soon as he takes
over his official duties.
At the same time he will bring suit
in behalf of the State Of New Jersey in
the United States Supreme Court to
declare the Federal prohibition amend
ment unconstitutional
Mr.. Edwards made a declaration of
these intentions before the Democra-
tic members of the New Jersey State
Legislature at a meeting in the Ho-
tel Robert Treat in Newark last night.
Root Starts Fight
few hours previously, Elihu Root,
acting as chief counsel for Christian
Fiegenspan, New Jersey brewer, be-
gan judicial proce edings seeking to re-
strain United States officials from en-
forcing prohibition.
In a bill of complaint filed in the
United States District Court, Mr.. Root
declared that the Eighteenth Consti-
tutional Amendment and the Volstead
Prohibition Enforcement act are both
unconstitutional.
In his speech in Newark Mr. Edwards
outlined policy of anti-prohibtion ac-
tivities, to be directed from the Gov
ernor's Office, which embrace practi-
cally every possible legal means of
fighting the actual enforcement of pro-
hibition in the State of New Jersey.
The Governor elect takes office on
January 20 next, and constitutional
prohibition will become effective
throughout the country on January 16.
"For Will of People"
Mr. Edwards took the stand that he
was fighting for the will of the people,
as expressed in the New Jersey cleo
ton, which carried him into the Gov
ernor's chair.
"In taking Office" he said, 81 shall
swear that | will protect the rights Of
the state, and inasmuch as | was elected
on an anti-prohibtion platform | be-
lieve it to be my duty to preserve the
personal rights of the people of the
state"
The state legislators had the oppor-
tunty of pursuing a tentative bill, such
as Mr.. Edwards proposes to have intro
duced in the Legislature. After infor-
NAL discussion, committee was APP
pointed to make such changes as seemed
advisable, before the actual presenta-
ton.
This committee, which will have the
aid of eminent legal opinion, is made up
of Governor-elect Edwards, Senator
Thomas Brown, of Mddlesex; Assem-
blyman Hugh c. Barrett, of Essex, and
John Milton, corporation counsel of
Jersey City.
In the action brought at Trenton
through Mr.. Root, the following reasons
are set forth to show why the Eigh-
teenth Amendment is null and void:
l. That two-thirds of the members
of both Houses Of Congress did not
deem the act necessary and did not so
declare by resolution, as required by
law.
.. That such an amendment is not
within the power and authority of Con-
gress in that it is not an amendment
in the true intent and meaning of
Article of the Constitution.
Overstepped Power
3. That the special power to amend
the Constitution conferred upon Con-
gress by three fourths of the Legisla-
lures Of the nation was limited in in
tent and did not extend to the exercise
of ordinary legislative powers regulat-
ing the conduct and life of individuals.
4. That the prohibition attempted in
the Eighteenth Amendment is a viola
ton of the Tenth Amendment, which
provides "the powers not delegated to
the United States by the Constitution
not prohibited by it 10 the states are
reserved to the states respectively or
to the people"
s. That no matter what might be the
power of the people of the country,
acting through conventions elected for
that purpose, no such power has been
exercised or delegated or ratified by
the people of the United States in re-
spect to the Eighteenth Amendment.