Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1919-11-07

November ), 1919.
Editor
Erening Public ledger
Philadelphia.
Dear Jir:
nder the caption, "Can Jersey BE
NetE' on your editorial page today, you
state:
1T leaves Mr.. Edwards in strange
ly ticklish position. If he keeps his
promises to the people. he will have to
disregard the spirit. if not the letter,
of the Constitution of the United States.
after January 20
Permit me to observe that he will not
be obliged to do anything of the kind.
Section of the Eighteenth Amendment
provides
The Congress and the several States
shall have concurrent power to enforce
thi5 "l'lcle by appropriate legislation
II the word concurrence" means any
thing, it means similar and Identical 1t
would therefore follow that one of two
propositions is correct: First, either the
nation and the State may each adopt
such legislation as they please, with the
interminable conflict which such Il vari-
ancc would create; or, secondly. the Fed
era legislation must remain imperative
as relates to the State of New Jersey, MS
well as the State of Pennsylvania. until
concurrent legislation is adopted 1t
would also follow that Concurrent
would mean that in all the material
clauses of the legislation for the purposes
of this contention, the State of New Ier-
sey and the State of Pennsylvania would
be obliged to adopt the provisions of the
Nostcad bill to legally enforce the pen
alties in either of these States
The purpose of Section of this act
can only be construed in that form,
unless the Supreme Court of the United
States proposes to ignore this section of
the Eighteenth Amendment. | say this
despite the i'll considered asd untenable
opinion expressed in the veto By the Gov
ernor of Pennsylvania of the Ramsey act
to the effect that the Congress have al
ready decided that where Federal and
State legislation is in conflict, the Federal
legislation operates. There has been no
| decision of any such character constituting
| an amendment written into the Federal
Constitutions for the very simple reason
that never before has either the United
States Congress or the trainers of the
| Constitution created such an anomalous
| condition.
| Therefore. Governor elect Edwards is
not only standing upon his legal rights
when he declares that he will not aid the
enforcement Of the Federal statute. but
| he is doing his duty as an executive of
sovereign State in protecting the liberties
of the people of New Jersey against the
! intolerablc interference of bigots and
fanatics-a duty, by the way. in which
the Governor of Pennsylvania has abjectly
failed in this relation.
The deliberate and studied defiance of
President Wilson represented by the ruth
less and indecent haste with which the
presidential veto was overriden in rela
ton to the Nostead act, is an example
of lawlessneSs on the part Of the law
makers that can only be a source of
qualification to the anarchists whom these
self same lawmakers are so eager to de-
nouncc The wartime act itself was an
act of hypocrisy The war was done
when the act was passed; yet these
Pharisees, having paid a stupendous part
of the wars expenses by taxation upon
liuuor dishonesty maintain that n con
dition of war exists, when. as a patent
fact, we are not physically at war.
A deficiency in revenue means nothing
to the paid. meddlesome interloper in other
people's affairs. The poor have borne the
taxes in their ultimate application. and
the poor can continue TO bear them, no
matter how onerous they may be; and
when tnPN rPutn tllf DTeuhlHR Ilblnl InpTe
are always the militia and the regular
troops. together with government by
Injunction. to teach the poor how happy
they ought to be.
Yours very truly,
EUGENE C. BONNIWELL.
We believe this communication, whicl
so far as we are informed, was write
and sent to this newspaper by Judg
Bonniwell on his own initiative, merit
serious consideration by Governor Sprol
to determine whether the views it e>
presses are proper and reasonable in
member of the states judiciary sworn t
support the constitutions and laws of I'll
United States and Pennsylvania. W
wish especially to direct the Governor
attention to the last paragraph, with il
concluding sentence, as a grave stat,
ment coming from such an official at tn
time of crisis and national stress.