Perth Amboy evening news., 1919-12-31
SENATOR BROWN OUTLINES
EIGHT ON ENFORCEMENT
(Continned from page u

l. tNSDiS IlC--ll5 LhC tilo So tAhb
congress has the exclusive right to
pass legislation for the enforcement
of the Eighteenth Amendment, fall
in error at this point, that is to say,
they fail to understand that the Vol
stead act or any other act of a SIM
liar character that may be passed by
congress in the way of enforcing the
Eighteenth Amendment is legislation,
and not constitution law. The second
section of the Eighteenth Amend
ment does not give mgr the cX-
elusive right to pass such legislation;
If It did. the second section the
| wording would be that congress had
the exclusive right to pass enforce
ment legislation. This it does not do.
J Again, If 1t was intended that con-
| greas should have the right to pass
| legislation and If it failed to do so,
the state should then have the right;
the second section of the Eighteenth
Amendment would have stated these
powers, but such is not the case. The
language Is clear and Ineligible
when 1t states that tho congress and
the several other states shall have
concurrent power to enforce this ar
ticle by appropriate legislation
Congress and the several other states
Gan congress and all the states of
the Union shall have power. What
| kind Of power? Concurrent power
There Is nothing new about the
word concurrent or its meaning. 1t
is a word that Is ordinarily used in
every day life. For instance, a con
current resolution of the State of New
Jersey, Is one that Is concurrent or
Iagreed to by the Senate and by the AS
sembly; concurrent covenants in a
deed are those which are to be per-
formed at the same time by the same
parties and, they are each bound to
perform, they are mutual conditions.
A gain, where the conditions of a Con-
tract are such that the parties must
perform their promises at the same
time, they are known as concurrent
conditions; concurrent insurance Is
insurance covering the same risk, in
surfing the same interest against the
same casualty at the same time; con-
lcurTent Jurisdiction as decided by the
United States Supreme Court In the
Nelson case, means acting IN con-
Junction with, running together, hav-
ing the same authority. Thus, we say,
such and such courts have
concurrent Jurisdiction; that
means that they lave
Why should there be any doubt then
as to the meaning of the word concur
rent? Surely Congress did not place
a limited or exclusive and distorted
application of his word. Taken in
It's every day accepted meaning, an
unprecedented mind is forced to but
one conclusion In the use OF this word,
and that is as 1 have stated.
The word power following the
word Concurrent has also a special
significance. Concurrent power Is in
isdiction.' A power exists in law
only for some purpose and when
fully executed by the accomplishment
OF its purpose, 1t Is exhausted. Pow
err is right The distinction between
power and right whatever may be
its value in ethics, In law 1t is shad-
kowy and unsubstantial. He who has
legal right to do 1t. Therefore, the
State of New Jersey has concurrent
power with Congress. How can any
other meaning be given to the second
! section of the Constitutional Amend
ment?
What concurrent power has New
Jersey and the several states of the
United States? Concurrent power by
appropriate legislation to enforce the
Amendment. What is appropriate
legislation The words appropriate
legislation means necessary, prope
reasonable legislation.
Can 1t be said that the Volstead
Act Is appropriate legislation?' when
1t prohibits the manufacture and use
of intoxicating liquor If 1t contains
less than one-half of one per centum
of alcohol by volume. There Is hardly
a substance that man eats or drinks
that does not come within the inhi-
bition of the Volstead Act; butter
milk, liquids that are used in the
manufacture of syrups; sugar, fruits,
vegetables. and a thousand other
things that are used in daily life con-
tain more than one-half OF one per
centum of alcohol. If this Act was
prosecuted to its fun intent and pur-
pose, We would all be violators.
Appropriate legislation in the
sense as intended by the Eighteenth
Amendment Is reasonable and not OPP
pressive legislation. To my mind, the
state of New Jersey and every other
state of the Union is duty bound to
pass q concurrent legislation to carry
into effect the Eighteenth Amend
ment; therefore. the only question
that remains is the kind of legislation
that should be enacted.
1.-THE state of New Jersey has al
ways been the leading state in the
Union in the fight for personal liber-
ties and it Is not an untoWard legisla-
tive step for the state to take to pass
q law at once n without delay, de-
filming the alcoholic content of light
wines and beers that may be manu-
featured and used in the state of New
Jersey not for beverage purposes.
Personally, ! think the alcoholic con-
tent should be at least four per CEN
Itum, as liquors containing this
amount of alcohol would not in or
dinary use be intoxicating.
THE passage of a bill that I have
mentioned, would be appropriate
reasonable and proper legislation, and
would carry into effect legally and
~justifably with due regard to the
lConstitution, the second section of
the Eighteenth Amendment now I'M
der discussion"
Another argument that is used, is
1.-THE contemplating conflict arising out
lof the differences of legislation on this
isubject enacted by congress and the
state of New Jersey.
"As / have stated. the Volstead Act
is not a part of the Constitutions
Amendment; it is legislation and car
tbe changed at every session of con