The daily banner. (Cambridge, Md.) 1897-2008, 1920-03-05
n, ], FILES SUIT
AGAINST DRY ACT
Amen. Tl9nt Declared to Violate
States Rights.
ATTACK V0LSTEAO ACT
Declares it lnterferes With and De-
stroys Taxable Value Of Real and
Personal Property in New Jersey.


Trenton, March 5.--New Jersey i'll
cd with the clerk of the United States
supreme court at Washington It's Dill
of complaint in The suit prompted Dy
Governor Edwards to upset the elgh-
teenth amendment and the Nolstead
act.
The bill was filed by Joseph A. Ian
igan, an assistant attorney general OF
New Jersey Attorney General NC
Gran will appear before the court on
Monday ready 30 proceed with the case
or present additional data as the couft
may direct.
New Jersey is proceeding alone on
the test as a sovereign state whose
rigts have been invaded. Immediate
lv after filing the bill, Mr.. Lanlgan
entered into conference with the SOIL
citor general of the United States with
the idea of having the case expedited
The state asserts the elghteenth
amendment is null and void for the
following reasons:
The amendment is not proper
amendment under article OF the
constitution. There is no power In
the congress to propose an amendment
regulating conduct and morals, ana
article V permits only such amend
ments as are in the nature OF altera-
lions or additions within the scope OF
the federal constitution.
There is no power in the states TO
ratify such a proposal of amendment
as is contained in the sO-called elgh-
teenth amendment.
Two-thirds of the members of both
houses of congress did not deem such
an amendment necessary" WITHIN the
true intent and meaning of article
of the constitution.
The prohibition contained III the
said alleged eighteenth amendment Is
legislative matter under article L OF
the constitution, and is properly an
amendment to the constitution under
article V.
As legislative matter it was not
properly passed by the congress ana
submitted to the president of the Unit
ed States, and is, therefore, VOID ana
of no effect.
In twenty-one states, South Dakota,
Oregon, Nevada, Montana, Oklahoma
Maine, Missouri, Michigan, Arkansas,
Colorado, Arizona, California, Ohio,
Nebraska, Washington, North Dakota,
Mississippi, Utah, Massachusetts
MARYLAND and New Mexico, the legls-
latures have no. ratified as provided
by the constitution of such states and,
therefore, three-fourths of the states
have not ratified in the constitutional
sense.
The alleged eighteenth amendment
establishes a Capitalization of power
and authority without the consent Of
the people of the state of New Jersey
and is unalterable and unreformasa
at all times by them, and is, therefore,
inconsistent with fundamental pur-
pose expressed in the preamble or me
constitution ito form a more perfect
union and to secure the blessings OF
liberty to posterity," and establishes
a precedent whereby no powers VIII
be reserved to the respective states as
proyided in article L of the consltu-
zion. because the reserved powers OF
the several states may be annulled
and destroyed under the guise and
pretense of amending the conS1td-
ton.
The bin further charged the Vol
steod act is unconstitutional and void
and beyond the power Of congress TO
enact, because:
The national prohibition, or Vol
stead act, was enacted under authority
of the said alleged amendment, it is
itself nun and void, and because said
act of congress prohibits and restricts
the manufacture and sale in intrastate
commerce of Intoxicating liquors.
The act interferes with and will de-
preciate and in large measure de-
stroy the taxable value of real and
personal property within New Jersey,
and is therefore destructive of the
free and Independent government of
the state.
The act has deprived and will per
manently deprive complainant of its
revenue from licenses, which revenue
for the year 1918 amounted to the
sum of 81, 442 ,S9946, thus depriving
the state and It's municipal sub-divis
ions of revenue necessary for the sup
port of government