Perth Amboy evening news., 1920-01-20
Recommends More Liberal State
Enforcement of Prohibition Act;
Orders Attorney General Start Action
b. speeial oorresponden..

in the campaign of last fall and upon
which he was elected, Governor Ed
ward L. Edwards today in II s first
official act as the new chief executive
of the state, addressed the members
of the legislature and the people OF
the state n his inaugural message.
Gentlemen of the Leg stature:
AS the resp cnsible heads of Gov
eminent Of his state, certain PROB
lems confront us which concern lnh
mately the people OF the State. II IS
my purpose herein to drect your at
tention to these problems AMI 10 sug-
gest the lines along when L De 'IeNe
the remedy Hes.
FIRST and forem st is tho matter or
Iegislati> IN 'racted by IRE
Federal Congress. During the cam
paign recently w3ged ~ this State
there was squArely perseEt'd the IS
sue whether the people of New Jersey
desired to be uuGCrStO01 as GelEg III
favor of surrendering to the Federal
Government the power of regu atlng
the exercise of their personal liber-
tics. Squarely presented as THAT
question was, the people of the state
Just as certainly answered II in the
negative. AS / interpret the result
of the election, the citizens of New
jersey insist upon ~reserVing to them
selves the right to say how they shall
live. and they believe that measures
regulating their mode of life have no
ace in the organic low of he ma
ton.
During the campaign I made def
mite N edges as to what | would en-"
deavor to accomplish II elected Gov
ernor. One was that I would do eV-
cry lawful thing to have 1t determined
tina the present cond ton OF aitalrs
with respect of prohib ton had been
Il egally forced upon the people OF
this State. To that end / now rec
rrnv,opd HAT -thFSa things be done.
First. Section 2 of the so-called
Eighteenth Amendment" IS as fol-
lows: I
Section 2. The Congress and the
several states shall have concurrent
power to enforce this article by ap-
propr ate legislation
While it is not my purpose TO MAKE
part of this message a brief on the
subject, it must nevertheless be un-
derstood that our theory Of Govern
ment Is that the nation is made up
of States TO which are the
powers of local government. To
those States and to the people the
powers net expressly delegated to tho
National Government are reserved
The power of the States to regulate
Their pure y Internal affa rs by such
laws an seem wise to the local au-
fhorfties is inherent and has never
been surrendered to the National
Government. / might point out to
you that the language OF the social
ed Eighteenth Amendment Is
unique n this respect, w, that there
Is reserved to the several States con-
current power TO legislate upon the
enforcement thereof. For the hrst
time in our history such language
makes its appearance In the tederal
Constitution. It's presence there IS
not the result of acc dent or idie
thought, but rather is Indicative, II
the amendment was ratified at al OF
the intention on the part OF II sew
eral states to require their concur
renee, at least as to ~intra-State COM
merce In any proposed feueral ieSs-
Iation concerning Intoxicating oever,
ages. In that view | am supported
by the opinion Of counsel. ~
There are some, however, who hoId
that under the reserved concurrent
bower. action by Congress to enforce
the amendment would, In the absence
of a. contrary statutory declaration on
fbe part of tho State, effectively ap-
ply to us.
Therefore. to guard against the con-
t~ingency of there being an attempt TO
enforce Federal legislation betWeeh
the adjournment of the present SEES
sion of the Legislature II the de-
termination of the validity or the
Eighteenth Amendment, Whlch leeIs-
lation may be contrary to the express
ed desire OF our people. I respectfully
urge upon you the message of legls-
iation which will assure to our peo-
pie the right to live under conditions
satisfactory to them, That proposed
legislation has been drawn and VIII
be introduced at this session.
I earnestly urg upon the speedy
Massage of that bin. Regardless OF
party a~6iliation, the members or the
Legislature must respond to the VIII
of the people, n the people nave de-
elared themselves on this subject.
Second am advised by counsel
that grave doubt exists whether the
amendment was legally ratified, ana
that the same doubt exists as to its
being a proper subject for legislation
by amendment to the Constitution. l
therefore propose to request the At
torney- General OF the State to presen.
10 the United States supreme Court
the petition of the State of New Jer-
sew as a sovereign State, praying that
these questions may be speedily deter
mined SO that II citizens may know
what their rights are in the premises
Third-That there shall be passed
by the Legislature a resolution retus-
Ing to ratify the said amendment.
My policy on this subject will no
doubt provoke from some the criti-
cism thai l am Haunting the Constitu~
ton of the United States. | yield to
no one in my respect and regard FOR
that declaration of our right and lib
critics. But / am strong in my CON
Viction that the right Of New Jersey
as a sovereign State under the Consti-
tuition have been invaded, and | insist
it Is my sworn duty to have it definite
~ established In a legal manner by
the duly constituted authorities wheth-
er that Is so or not.
Whatever criticism may come, l VIII
not abandon my position that IL
rights have been infringed until other
wise determined by the Courts.
Publicity Commission.
The next important question is the
settlement of the relations of the pub
lie utilities of the State to the peo-
pie. and particularly the settlement of
the trolley fare controversy. The prob
lem is here. and Il plain duty Is to
solve it If We an.
The people OF the State have be-
come weary OF the continual litiga-
ton over the fares and rates. be
cause of the great expense involved
n of the unsatisfactory nature of
the results thu far obtained.
The rate-making legislation OF 1911
grew out of the public belief that the
utility corporations of the State were
charging excessive rates for the SER
vice they rendered. and that compe-
tition as a means OF relief was a prac-
teal impossibility. That act was ex-