Perth Amboy evening news., 1920-09-21
By Special Correspondent.

NEW BRUNSWICK, Sept. II. -
Supreme Court Justice James j.
Bergen in charging the September
term grand jury here this morning
instructed the members 10 return in
dictments IN liquor cases which were
brought before them for disposal.
John H. Baremore, Of Jamesburg,
was selected foreman of the Sep
tember term grand jury.
Judge Bergen made a long state
ment defining the prohibition law
and explaining how the eighteenth
amendment affected nation, state,
city and town alike. He instructed
the grand jurors to act stringently
in all liquor cases which might be
brought before them, giving both
rich and poor the same treatment in
order that the law might be en-
forced and the violators properly
punished.
In charging the jury Judge Ber-
gen said in part:
"An important matter to which /
shall direct your attention Is that
relating to the enforcement OF the
excise laws of this state as modified
and controlled by the eighteenth
amendment Of the constitution OF the
corning its enforcement, commonly
called the Volsfead act. BY the
amendment referred to the manufac-
ture. sale, or transportation OF in
toxicating liquors within, or exporta-
tion therefrom. the United States for
beverage purposes is forbidden. and
congress and the several states are
given concurrent powers to enforce
provisions of our prohibition acts.
The supreme court of the United
States has decided that under this
amendment congress has the power
to enforce 1t. and that any state legis-
iation. IL not OF enforcement, as not
consistent to the law Of the United
States must give way to It, and there
fore that the congress fixed the
quality of alcoholic contents of
beverages. it was superfluous, and
admit the legislation fixing the guam
thy In access OF that prescribed by
congress
This is the supreme law Of the
land and governs all state legizlaticn
and has the effect to abolish all state
statutes which do not tend to enforce
the amendment to the extent requir-
ed by the laws OF the United States.
But this does not mean that all the
state laws which tend to the enforce
mcnt of the amendment are abol-
ished. nor does it mean that the state
law forbidding what the amendment
forbids Is set aside. Therefore the
statute of our state which forbids
the sale of intoxicants, prohibited
by the constitutional amendment are
still in force and If proof be made
of such a sale you should not re-
f1fea IN find q n in fr<r~ ..r,
illegal sale Of liquor. So far as / am
informed you may be called upon to
consider cases where the sale of in
toxicating liquors. is claimed to be
justified, and protected by a license
granted by our courts, or excise
boards of commission, which has
been heretofore authorized TO exer-
else that power, and also cases
where the sale has been made with
out any license having been granted.
The first and material question
to be considered. ii is the recent
amendment to the federal constitI-
ton and the legislation adopted by
congress described as the Volstead
act. depriving this state of the power
to enforce such of these statutes
which tend to the enforcement Of the
eighteenth amendment or has the
power of enforcement exclusively in
vested in the federal courts? Ny
instructions to you is that they do
not, and without so much of our
statute as forbid the sale of In
toxicating liquors. so far as they ex-
tend to the enforcement of the
amendment referred to, are not
abrogated, and to that extent they
are the concurrent legislation provid-
ed. for in the amendment, and tha; is
the duty of the state officers. charged
with the prosecution Of criminal cases
TO submit TO the grand jury the
evidence against those who have sold
intoxicant liquors and beverages. and
that 1t is also the duty OF the grand
jury 10 present indictments when
ever they have prima facie evidence
of guilt.
''The next question to be consid-
cred is to what extent license OF
liquor sale granted before the
amendment and the federal legisla-
tion looking 10 its enforcement went
into effect, has a protection agains,
such sale. My instructions to you
on this point that licenses to sell
does not protect the person holding
the license such sale made since the
amendment became operative. The
license is not a contract beyond
constitutional or statutory revoca-
ton or annulment, otherwise the
state might provide for granting
such a license for a period OF fits
years and thus nullify the eigh-
teenth amendment. In addition tC
this our court of errors and ap-
peals has held that the amendment
to the federal constitution operates
on such a license and that does NOT
require that the Limitation be ex-
pressed In the license certificate any
more than law prohibiting Sunday
selling should be.
The license is limited to legal
sales and when the amendment went
into force 1t forbid sales under the
license. Under our statute sale OF
liquor to be used as a beverage il
not lawful without license and as
a licerse is not legally permissible
not being granted under legislation
calling for the enforcement OF the
amendment that portion OF the
statute is abrogated and by such