Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1920-03-29
COnstitutiOnality of PrOhi-
bitiOn Amendment Be-
ing Argued.
STATE RIGHTS SAID
TO BE VIOLATED
Novel Point Raised, Attorney Claim
ing Police Powers to Enforce Laws
Are Lodged With States and Not
With American Government-New
Jersey Case First of Several Ap-
peaied to Highest Court.

| BY Associated Press.
Washington, March 2e.--The consti-
! tutionality of the prohibition amend
ment, also portions of the enforce
ment act. were argued before tho sa
preme court today in connection
with the original suit brought by the
state of New Jersey and appealed
| from that state and Wisconsin. Be
cause of the number of cases argu-
monts we're not expected to be con-
cludcd before tomorrow. The cases
today involved virtually the same
question as the Rhode Island, Mas
sachusetts and Kentucky cases, re-
Gently presented. but the New Jersey
suit involved Il more complete at
tack on the eighteenth amendment
than was heretofore brought to the
courts attention.
The New Jersey case brought by
Christian Fiegelspan, Newark
brewer and the Wisconsin suit, while
attacking the validity OF the amend
ment. involved the right 10 continue
TO manufacture of more than Il of l
per cert alcoholic content beer, alleg-
cd to be notwithstanding.
Argument for Vets.
The eighteenth amendment. known
as the prohibition amendment. is leg
islative in nature revolutionary in
character. according to Attorney Gen
eral Thomas McCram, of New Jersey
in opening his arguments before the
supreme court in an action to have
the act declared void and the Vol
stead act unconstitutional.
Attorney General McCram's brief
declares that the eighteenth amend
ment was not constitutionally pro-
posed and that the proposal is subject
to judicial review: that congress did
not by two thirds of numbers OF
both houses affirmative vote for the
resolution: that three-fourths OF the
states have not ratified the consti-
tutional matter.
The brief also declares the national
prohibition act is not appropriate
legislation: that there Is no right In
congress to lcgislate outside the
words beverage purposes sufficient
" describes the limit within which
congress can legislate and that the
term Intoxicating liquors" is its own
wording; that the Nolstcad law Is
radical and oppressive; that the Vol
stead law is unconstitutional in that
it attempts to interfere with the
right of physicians to furnish liquors,
That the right of the New Jersey
manufacturers are restricted by the
act.
Novel Point Raise.
The brief also states that the
seventeenth amendment to the con-
stitution prior to the eighteenth arc
subjects relating to the form and
structure of the government and
are not revolutionary in character
and do not deprive the state Of their
police powers. In n supplementary
brief an entirely novel point is made
that the right to amend the constitu-
tion Is n right of the people OF thC
United States as distinguished from
the people ofa single state. That the
people OF the United States have only
national power and the police powers
are being re- served to the states, and
the right of internal police being the
right of the people OF New Jersey.
over which the people of the Unitod
States have no control and this
right may not be taken from them
without their consent"