The evening world., 1920-03-29
CONTROL BY CONGRESS GIVES
WASHINGTON A HIGHER TAX '.
THAN IS PAID IN NEW YORK
N. J. DENIES RIGHT
OF j. S. TO ENFORCE
DRY LAW IN STATE
Continued From First Page0

strueton Of concurrent power 10, as
eontended by New Jersey, the right OF
the Federal Government to enforce
the amendment, IL valid, within it's
sphers-importation, expectation and
interstate eommeree-tho right Of the
State to enforce the amendment, f
valid, within its own borders, both
the Federal Government and the
States being limited only by the words
Intoxicating liquor"
The brief also declared that the
National Prohibition Act is not ap-
propriate legislation; that there is no
right in Congress TO legislate outside
the words of the amendments that
the words Beverage purposes" sum-
ciently describe the limit within
which Congress will legislate and that
the term Intoxicating liquor" is its
own definition; that the Volstead
Law, fixing the standard, is oppres-
slve and unconstitutional; that the
Volstead Law is unconstitutional in
that It attempts to interfere with the
right Of physicians and druggists to
furnish liquor: and that the institu-
tions owned and conducted by the
state OF Now Jersey are hampcred
and restricted by the Arbitrary Act
Of Congress.
says Eighteenth Is Revolutionary
The seventeen prior amendments TO
the Federal Constitution up to the
eighteenth, the Prohibition Amend
ment, are subjects relating to the
structure and form of Government
and arc not amendments revolution
ary in character and which deprive
the State OF their sovereign powers
DESPITE the fact that the people OF
New Jersey on two occasions mad re,
fused TO adopt Woman Suhrage, ana
that the Legislature later ratified the
Suffrage Amendment, as pointed out
in the brief, 1t was stated In relation
TO that matter: Though there may
be no objection in principle to an
amendment which concerns the r1ght
OF suffrage, an example OF the enect
OF ratification by the Legislature
rather than by the people in conven-
ton assembled, is suggested IN tnat
New Jersey has twice by popular
vote refused to amend its Constltu-
IlOn 10 DtTIIllL AIAhlG sum obNt "
at tho present session Of its Legisla-
ture, a proposal OF an amendment to
the Constitution Of the United States
was ratified, which by way of illus
tration may be fairly indicative OF
what we may expect in the future.
In a supplemental brief filed by At
torney General McCran, an entirely
novel point is made, that the right
10 amend the Constitution is a right
OF the people OF the United States as
distinguished from the people of a
particular state; that the people OF
the United States have only National
powers, the police power being re-
served 10 the States, and the right OF
Internal police being a right OF the
people OF New Jersey over which tho
people Of the United States have nc
control. This right may not be taken
from them without their consent
The constitutionality Of the Prohi-
bltion Amendment and portions OF
the enforcement act were argued be
| fore the Supreme Court again to- day
in connection with consideration oi
the original suit brought by the state
OF New Jersey and appeals from that
| state and from Wisconsin. Because
| OF the number OF cases arguments
were not expected to be concluded be
| fore tomorrow.
The cases to-day involved vir-
tually the same questions as the
Rhode Island Kentucky and Massa
chuaetts cases recently presented 4
the court, but the original New JcrSe,
suit embodied a more extensive at
tack upon the validity of the Eigh-
tpCnth Amendment and parts OF tn
Enforcement Act than heretofore
brought to the Courts attention.