Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1920-03-05
NEW JERSEY JOINS
/ STATE RIGHTS FIGHT
Holds With Rhode Island and
Massachusetts, That Volstead
Act Is Unconstitutional.
HOUSE is DRY, 254 TO ae
Beaten in First Test, Vets Will
Renew Battle on Every Ap-
preparation Bill.

WASHINGTON, March 4-Siego war
fare against the prohibition enforce
ment act was inaugurated today by
wet" members of the House.
Though repulsed 254 to sc in the In
itial attack, made in the form of
stra!ght-out repeal provision. offered
by Representative Eagan, Democrat,
New Jersey. as rider to the legisla-
tive, executive and judicial appropria-
issue again during consideration of
every bill that comes up appropriating
FUNDS for enforcement OF tho prohibit
ton amendment.
While the "wets". OF, the House wore
making ma their Z aeht. Attorney-Gen
filed suit in behalf Of his State In the
Supreme Court, to declare the amend
ment unconstitutional, and to prevent
t'ederat officials from enforcing 1t.
Hearing Higgins Monday.
Tho court, on the motion of Assis-
tant Attorney-Gencral Frierson, fixed
Monday for hearing arguments in the
original @ suit tiled by Rhode Island.
Massachusetts decisions Involving the
validity of tho amendment.
bitionists came. unexpectedly during
s4,5oe,o 900 for .prohibition enforcement.
sustain tho point of order against tho
repeal provision raised by Representa-
riSe IiSe Garrett; ARE Democrat, T, Tennessee; the
nate the enforcement appropriation
were No voted @as down oysrrwhe Imineiy
also be begun in the United States
Supreme Court Monday, the following
points are made: h D o1 =
- -ssl Brief Of Jer.ey VETS.
That tho amendment is improper be :
tr, ypr
pose an amendment regulating CON
That there Is no power IN the States
10 .ratify such an amendment.
.That two-thirds of the membership
or L Dosh =, !. n, no houses did not deem such an
Article v. OF the Constitution. ~
Ihat the amendment was really leg
,siatiye nrad G matter and as. such was not
therefore void. " e''uen' ana Is
paIlat. That d-stom Il twenty;ons s, states-sopth
iah3oma. l3eI. Maine. Missouri.s Michigan,
farkansas; fornin obo coiSrade Ariyena Call
North Dakota. Mfh Mississippi, Utah Uatshhlnsfoa. Hss
sachusetts. Maryland and New Mex
lco-the Legislatures have not ratified
and three-fourths of the States. there
fore. have not ratified
! Ihat the amendment provides CEN
without the eonsent of the the people o OF
New Jersey and establishes a precedent
Wnerepy no powers will be reserved TO
the states as provided In Article /. OF
the Constitution.
Assault on Intrastnte Commerce.
:, That the Volstead act is unconstitu
titonaI 10 because 1t prohibits and restricts
IN the e, manufacture and sale In intrastate
commerce OF Intoxicating liquors
That this act will deprecjate and in
large measure destroy the taxable
value OF real and personal property in
New Jersey and is therefore, destruc-
tive of the free and independent gov
crnment of the State
:, That the act deprives the State OF
ncense revenue, which for the year
ISiS amounted to $2,442,S99.46. thus de-
OF revenue necessary for the support
or government:
Because the act interferes with the
internal government OF the State.
because 1t bars even Misunderstanding
ales, beers and porters.
Because 1t restricts the practice OF
physicians and surgeons thus menac-
ing and jeopardiZing them in maintain
Ing the public health.
Because the State OF New Jersey has
enforcement of the Volstead act. il
nullifes the right of the State to regu-
iate It's own commerce ands internal
aHairs. That the right OF the Federal
congress to legislate under the amend
to tho external concerns of the United
States and among tho States, but that
control of the internal affairs OF tho
states cannot be delegated to and can
currently. with the States.
The suit seeks to restrain Attorney
General Palmer and Internal Revenue
Commissioner Roper from enforcing
the Volstead act in New Jersey.