The New York herald., 1920-01-17
NEW JERSEY LEGISLATURE WILL
NULLIFY FEDERAL DRY LAW, SAYS
PRESIDENT, OF LIQUOR DEALERS
Albert Ilnger Declares New Constitutional Amendment Au
horizes State to Make Own Regulations as to Manu-
facture and Sale of Whiskey Wine and Beer. 4.

Albert Illinger, president OF the Liquor
Dealers Protective League Of the State
Of New Jersey. chose yesterday. the date
when constitutional prohibition became
effective throughout the United States, as
the psychological moment for an effort
TO bolster the waning hopes OF its dis
couraged antagonists.
New Jersey shares with Connecticut and
Rhode Island such distinction as may
belong to one of the three States of the
Union that have refused steadfastly TO
ratify the Eighteenth Constitutional
Amendment. Mr.. Illinger's review Of the
situation has boon forwarded TO the re-
spective presidents OF the thirty-eight
local associations throughout the State,
which are located in eighteen Of the
twenty-one counties OF New Jersey. He
sets forth clearly what further steps are
10 be taken by the commonwealth across
the Hpdson to nullify what he considers
the attempted usurpation of the police
powers of the State and the rights of the
individual.
After admitting frankly that "the situa-
tion that confronts us is complex and
gloomy" the president OF the league con-
tinues:--
New Jersey today stands in better posi-
ton than any State in the Union TO gain
by the necessary legislation resumption
of our business, regardless of what court
decisions may be given in cases now
pending. However, We have reasons TO
expect favorable decisions in some of the
pending litigation. as well as in other
suits yet TO be commenced.
why state Is Fortunate.
I'm fact. we, the dealers of New Jersey
may be the only ones in the entire nation
who will be so fortunate. This is due to
the fact that we have here in New Jersey
a splendid trade organization-an organi-,
zation that made it's strength felt lastl
November. when its members cast their
politics to the winds and elected Demo
cratic Governor in a Republican State, as
well as legislators of both political parties
who are favorable to our interests. The
New Jersey Legislature convened on jan
uary Is.
Just as soon az Governor-elect Edward
r. Edwards is inaugurated next Tuesday
q bill will be introduced to legalize the
manufacture of beers, wines and liquors
in this state. The Democratic minority In
both houses is pledged to support this
measure. and will do so unanimously, IL
is expected. OF course Republican votes
are needed in both houses to insure the
passage or the bill. assurance of which
already has been given.
This proposed action by the Legislature
is authorized by the fact that the Eight
eenth Amendment gives each State con-
current power with Congress in the en-
forcement Of national prohibition. Tho
amendment, which it is held has not been
legally ratified. merely prohibits the sale
of Intoxicating beverages Who is TO de-
eide what is an Intoxicating beverage?
I'm addition TO passing this proposed
anti-prohbition law, which will legalize
our business in New Jersey. Governor Ed
wards will call upon the Attorney General
OF New Jersey to attack the Eighteenth
Amendment and the Volstead act before
tho United States Supreme Court on the
ground that both measures are uncon-
stitutional and illegal. inasmuch as they
constitute an intrusion upon State rights.
A similar suit already has been brought by
tho State OF Rhode Island. and New Jer-
aey will probably join in that action.
Remember that the Supreme Court was
divided, five 10 four, on even the right OF
Congress by its war power TO ban 2.75 per
cent beer When this war power ceases by
the establishment of peace is II not prob
able that some ono or more of the justices
giving the adverse decision may agree with
The four dissenting justices. that Congress,
in time OF peace, cannot make a non
Intoxicating drink intoxicating by legis-
lation?
Rights of tho Individual.
II respectfully call your attention TO
these words Of the dissenting opinion. In
which find much encoura cement
Moreover well settled rights of the in
dividual in harmless property and powers
carefully reserved to the States ought not
10 be abridged nor destroyed by mere ar
yumentation based upon supposed anal
ogies The constitution should be inter
prated I'm view OF the spirit which per-
vades IL and always with n steadfast
purpose to give complete effect TO every
part according 10 the true ntendment--
none should suffer emasculation by any
restrained or unnatural construction
The Anti-Saloon League Of New Jersey
celebrated the incoming of constitutional
prohibition with a victory banquet" in
the Robert Treat Hotel. Newark. last
night. The exercises took the form OF a