The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1920-01-09

ment act passed as pursuant to the
eighteenth amendment, and since the
state government considers that 1t has
concurrent power under the amend
ment, even if it is held valid, to pass
an enforcement act of its own, it in
tends to disregard the VolStead act and
pass new enforcement law which Will
be supreme within the limits of the
state of New Jersey"
This amounts practically to def
ance of the authority of the federal
government and a declaration that
where the United States has not been
given exclusive power to act state
government has the power to override
federal Statute already in existence.
New Jersey will not make Rhode Is
lands mistake of acting too hastily in
the matter, Senator Brown said.
Rhode Island has practically deprived
itself of her day In court by taking ac-
ton against the eighteenth amendment
before it has gone into effect. The New
Jersey move will come about through
court action In a state statute in full
force and existence, but in conflict with
the Volstead act.
The theory upon which Governor
Elect Edwards and his helpers are
working, Senator Brown said, is that
the eighteenth amendment gives Con-
gress and the state equal power in the
enforcement of the prohibition amend
ment and that the congressional enact
ment applies only where there is no
state law in effect. But the states have
complete intra-territOrial sovereignty,
except where they have given it to Con-
gress, he holds, and therefore If the
state of New Jersey chooses to pass
law under the eighteenth amendment
which conflicts with the Volstead act
the latter will have no validity here.
There can be just as many different en-
forcement acts as there are states, in
Senator Browns opinion.
Asked whether he thought 1t would
result In actual violent conflict between
state and federal officials over the en-
fOrcement of the rival laws, Senator
Brown said he did not think SO, but
that it would probably be left to the
courts to decide.
If liquor dealer should be arrested
by federal agents under provision of
the Volstead act which had been at
tackled by the new state law the man
would naturally be taken before fed
eral court. Application would then be
made to the federal court for his re-
lease on a writ of habeas corpus, but
that would leave to the federal court
the decision as to which law was para
mount, the state or the federal salute.
Vets File Suit In Jersey.
Charging that the Volstead act and
the eighteenth amendment to the fed
eral constitution are unconstitutional,
Christian Feigenspan, Newark brew
err, through his counsel, Elihu Root,
chief counsel of the brewers, filed
bill Of complaint in the United States
district court at Trenton seeking an in
junction to restrain United States Dis
trict Attorney Joseph L. Bodine and
Charles Duffy, collector of internal rev.
enue, from enforcing TIE two measures.
The complaint charges that the
amendment Is null ard void because
two-thirds of Congress did not, by joint
resolution or otherwise, declare that it
deemed it necessary. Such action by
Congress, former Secretary Root ar
gued, is condition precedent to any
amendment according to the Constitu-
ton. 1t also is charged that the
amendment deals with a subject out
side any power granted to Congress is
violation of the tenth amendment,
dealing with state rights, and is, in
fact, not an amendment, but "mere leg
islation."
The Volstead law is subjected to fire
on the ground that it takes away pri-
vate property without compensation
and also that it arbitrarily Classics
as intoxicants "liquors which are not,
in fact, Intoxicating"
Banks in New Jersey Prosper.
Increases of more than $122,000,000
in deposits and S133,0O0,00O in re-
sources was the record established by
financial institutions of New Jersey
during the fourteen and a half months
from August 81, 1918, to November II
last. This is the largest increase ever
shown by such institutions in this state
for any corresponding period. The
combined resources of 122 trust COM
panes, 81 savings banks and "a state
banks last November reached an aggre-
gate of $777,315, 655.03. Deposits of
the same institutions reached a maxi
mum total last November of $685., 205,-
207. %.
Between August, 1918, and last
month four new trust companies began
business in the state, the number of
savings banks and state banks remain
ing the same as last year. The actual
increase in resources of the three
classes of institutions was $133 1885,
| 09S21 and the increase in deposits
$123, 70S, SO636.
Warm Session Looming.
Signs multiply that the session of
the legislature is to be warm from the
start to the finish. First off will be the
effort of the Republican majority to
erect a barrier to the announced pur-
pose of Governor Edwards to get rid
of at least three important state COM
missions as the initial proceeding of
his program. Then there will be a
I 1t