New-York tribune., 1920-01-01
Edwards Will
Fight Legality
OfProhibition
Jersey Covernor.Elect Saws
Many States Erred in
Framing Resolutions Kati-
flying the ''Dry'' Law
Plans for Court Battle
Declares Lansing Refused
His Secretary the Right
to Inspect Certificates

A0kJCCt ACI III 1CdtcS
Edward l. Edwards, Governor-elect
of New Jersey, made known last night
a new angle from which he will attack
the validity of natioaal prohibition.
This is based on reports reaching him
of flaw in the resolutions by which
several states ratified the Eighteenth
Amendment.
II have been informed" said Mr.. Ed
wards in Jersey City, "that the text
of the amendment az ratified by some
states-I understand about ten-pro-
hlbited the sale, manufacture or trans
portation of alcoholic liquors. The
amendment as adopted by Congress
read Intoxicating liquors.
There is a wide difference. l sup
pose if one were to take a potato and
squeeze it the resulting juice would be
alcoholic. 1t would contain some trace
of alcohol
Plans Fight to Finish
"If ten of the forty-hve ratifying
states ratified an amendment which
differed from that proposed to them
by Congress they didn't ratify any
thing at all, and the certificates by
which they notified the Secretary of
State of their action are null and void
"lf the report | have received is
borne out l will make demand upon
Secretary of State Lansing that he
revoke the proclamation by which the
Eighteenth Amendment was declared
to be effective January 16. If he re-
States Supreme Court for writ of
mandamus to compel him to do so.'
J. Harry Foley, of Jersey City, who
will become secretary to the Governo or
when Mr.. Edwards assumes office Jan
uary 20, arrived in Washington yestcr-
day morning, having been dispatched
by Mr.. Edwards to examine the GER
tifications of the forty-fve ratifying
states
This course was decided on after the
Governor-clect had conferred with Cor
poration Counsel John Milton, of Jer-
sey City, and other advisers.
OFFICIALS at the State Department, Mr.
Edwards said last night. had at first
to inspect the original certfications
They offered him. instead, certified
copies Of the certifcations. Mr.. Foley
communicated with Jersey City BY
telephone and was told by Mr.. Edwards
to put the matter sQuarely up to the
State Department.
'lf they want to take the position
Of refusing to let citizen see public
recqrds, let them do it," the Governor
elect directed him.
Foley Follows Advice
Foley followed his chiefs advice, but,
on whatever subordinate of Secretary
Lansing it was who was handling the
matter. Then Foley went to the White
House and told his troubles to Joseph
T. Tumulty, secretary to the President
Tumulty, who is Jerseyman, got in
touch with the State Department and
proffered the suggestion it would be a
good thing to acccde to Mr.. Edwards s
desire
The State Department agreed to pro-
ducc the records, but by the time Foley
got back there it was noon and the Of
fees close at that hour on the day be-
fore a holiday. The upshot was that
Foley WAS promised look at the origi-
nal ccrtitications at o'clock to-mor-
row morning.
u
disclose the source CT his suspicion
that some of the ratifying state legis-
Iatures slipped up in the phg ascology
OF their resolutions. He profcssed noe
to know which particular tetcs were
lE,clved or whether the difference in
wording, should it turn out there is Q
difference, was the result of accident
or design.
"nrvSr IN NnEo E;~ht
New Jerseys program for remaining
"wet" long ter the remainder of the
nation has boarded the water wagon
will be met by vigorous fight on the
part of the Anti-Saloon League of that
state.
The Rev. James K Shields, superin-
tendent Of the league, said yesterday
the Federal government probably
would make it impossible for any such
Legislative plan as was outlined bv
Governor elect Edwards and his SUP
porters in the state lawmaking body.
But he intimated his own organization
would have to be rcckoned with
"Of course we can't keep man from
introducing into the Legislature any
kind of bill he sees fiji to have drawn
up said the head Of the "dry" organi-
zation. But whether it will be passed
is quite another matter And, suppos-
ing for the sake of argument that such
a bill could be passed, enforcing il in
the face Of contradictory Federal leris-
lation would be still another matter
to be taken up by the "wets"
Personally l can't imagine that
there will be many Republican mem
bers of the Legislature who will be
ready to assist Edwards in pulling his
chestnuts out of the fire by lending
their support to his plan. 1t doesn't
look to me like matter that requires
very serious consideration
Under the proposed till to be intro
duced in the Legislature by Senator
elect Simpson the sale and possession
Of brandies whiskies and other liquors
of 26 per cent alcohol content would
be legalizcd and the possession of
liquors of even greater alcoholic con
tent, if not used for beverage pur-
poses.
fine OF $40 and maximum of five
days in jail is fixed as penalty for
violating the law. but it is provided
that such penalty can be imposed only
after Indictment by the grand jury