Perth Amboy evening news., 1920-02-10
CLASH At LIQUOR
BILL HEARING
Senator Brown Plays Important
Part in Trenton Session
WHEELER MAKES WARNING
He Urges Care Against Con-
fiicting With the Federal
Constitution on Prohibition
WHEELER MAKES WARNING

| . TRENTON, Feb. 10:-Before q
crowd that packed the galleries and
crowded the assembly chamber the
hearings on the liquor and anti-liquor
bills were conducted here yesterday
before a joint committee Of the SEN
before the committee were one de-
f1ning intoxicating liquor as above
four per cent; another consisted of
O. resolution ratifying the eighteenth
amendment and still another pro-
posed state enforcement act similar
to the Volstead act.
Senator Thomas Brown, of Perth
Amboy, minority leader in the SEN
ate, took an active part in the dis
being: Wayne B. Wheeler, Of the
Anti-Saloon League, of Washington,
D. c.; Attorney General Thomas Nc
Gran, former Attorney General Rob-
ert H. McCarter and William D.
Guthrie, counsel for the United
States Brewers Association.
During the hearing there were
charges of disloyalty to the nationl
constitution, counter charges with ref
erence to state rights, accusations of
attempts at "bullyragging" on the part
of the Anti Saloon League and pro-
testations of loyalty to both the state
and federal governments.
Mr.. Wheeled opened the argument
for the Anti-Saloon League with q
warning that the Federal Constitution
was paramount, he declared that the
state had no right to pass what he
termed multiplying legislation. The state
Of New Jersey, he warned, should
consider only measures to enforce
strictly the Eighteenth amendment.
Mr. Wheeler also said:
"You cannot define Intoxicating
beverages differently from Congress.
Congress has the power to fix stand
ard and it has done so in this instance
The states, therefore, have no powtr
to fix a standard. A state, even in
legally acting within its powers, must
Congress. The concurrent power In
the state is a power to enforce, not to
destroy or nullify.
He claimed that the tendency of
the legislation proposed was In the
direction of nullification.
Senator Brown quizzed Mr.. Wheeler.
Does not the Volstead act prohibit
the manufacture of beverages that are
really Notwithstanding" he asked
Yes, because beverages of one-half
of one per cent. of alcohol are really
non-intoxieating."
Then If you thought 1t necessary
you could legislate to prohibit the
manufacturing of wines for medicinal
purpcses?"
II tnlnk So"
Then you mean you can exercise
the power-in other words, that right
is might?'
II think so in a sense" Mr.. Wheel
er replied hesitatingly.
Doesn't the Eighteenth Amen ndment
give concurrent power to the states"
Yes, but only to assist in enforce
is my view and the courts
uphold it,
Do you know that the Volstead
act is a violation of our state Consti-
tution?"
IT have heard youi court so held"
'If tho line OF reasoning you have
followed should be followed here, can
you say why there is a distinction in
the amendment between alcohol and
liquors -
Because Congress wished to define
both in that way"
''1f tho use of doughnuts, then,
should interfere with digestion and
indigestion could be. cured by intox-
icating liquor, would you then pro-
hibit the making of doughnuts?
NO"