Evening journal., 1920-03-04
18TH AMENDMENT
TEST ON MONDAY
New Jersey Bill Ayers Pro-
hibition Law Wasn't
Passed Legally
DENIES 81 STATES
HAVE RATIFIED

WASHINGTON, March United
Press)-The Supreme Court today def
nitely set next Monday as the time for
arguments OF cases that VIII determine
The validity OF constitutional prohlbl-
lion. 40 that time the original bill
Of complaint brought by the state OF
ilode Island against The 18th amend
ment and TIE Nolstoad law and appeals
from Massachusetts, and Kentucky Fed
eral Courts upholding prohibition will
be heard
~ Is not expected the New Jersey
suit viii be argued until three or four
weeks later but 10 Is virtually identl-
cal with the Rhode Island case and
decision In the latter would be ap-
plicable TO the former.
TRENTON, ~ j., March & United
Press. New Jerseys suit 10 have The
constitutional prohibition amendment
declared null and void and 10 restrain
the government from enforcing the
Nolstead act In this State was brought
IN ule United States Supreme Court al
washington today. Formal motion
VIII be made In the matter next Mon
day by Attorney-Genera Thomas f.
McCran.
The state charges that. the 18th
amendment Is not a proper amendment
nnder article OF the constitution: that
there is no power In the states 10 rati-
~ such a proposal Of amendment as Is
contained in the so-called 18th amend
ment; That two-ihlrds OF the members
OF both houses OF Congress "did not
deem such an amendment necessary
within the true intent and meaning of
article or the constitution; that the
prohibitions contained In the said al
legged 18th amendment Is legislative
matter under article OF the constiiu-
tion and Is not PROPERLY an amendment
10 the constitution under article 81
That as legislative matter lt was not
properly passed by the Congress and
submitted 70 the President Of the
United States and Is therefore void and
OF no effect; that In tweniy-one States,
namely: South Dakota. Oregon, Nevada,
Montana, Oklahoma, Maine. Missouri.
Michigan, Arkansas, Colorado, Arizona.
California, Ohio, Nebraska, Washing
ton. North Dakota, Mississippi Utah,
Massachusetts,, Maryland and New
Mexico, the legislatures have not rati-
led as provided by the constitutions Of
such states and that therefore three
fourths OF the States have not ratified
In the constitutional sense; that the al
legged 18th amendment establishes
Capitalization OF power and authority
without the consent OF the people OF The
state Of New Jersey and Is unalierable
and unreformable st all times by them,
and Is therefore inconsistent with the
fundamental purpose expressed in the
preamble Of the constitution TO form
a more perfect union and TO secure the
blessings OF liberty. % p0sterity" and
establishes a precedent whereby no
powers win be reserved TO the respec-
tive states, as provided In article 10 or
the constitution, because the reserve
powers OF the several States may be
annuned and destroyed under the gnise
and pretense Of amending the constltu-
ton.
New Jerseys complaint further
charges that the Volstead law is un-
constitutional.
II also charges that the risht OF the
Federal Congress TO legislate under
said amendmeni-should said amend |
ment be valid-is restricted to the ex-
ternal concerns OF the United States
importation and expectation" and to |
regulate commerce among the states !
as heretofore: that In all other mat
ters OF enforcement the power OF
vested in the several states, and con
troll OF its internal affairs and its intra-
safe commerce are matters coming |
strictly within the jurisdiction OF the |
Stale. under said amendment, als that !
the Federal government functloning I
within iis peculiar sphere az fixed by
q constitution and the Stale fuciion- /
in- within their spheres inlr7 Stale |
exercise concurrenily the power given
f,s- caf1 amendment