Evening journal., 1921-05-27
WHEELER RAPS
BAYARD'SS Stand
CONTINUED from nrst pagsl

Ccontinued from nrst page)
the concurrent clause TO pass its own
enforcement act (This means that
the wet States will remain wet, and
the dry States remain dry under /
their State laws)
THE Supreme Court says that the
Eighteenth Amendment is binding
and operative in every State, yet he
advocates a policy Of government
that would give each State an op-
portunity TO nullify the constitu-
ton. In other words. he advocates
nullihcation of the Eighteenth
Amendment by controlling State
Legislatures 10 oppose any enforce
ment act. and at the same time re-
peal the Federal Prohibition Act
Il do not believe that law-abiding
citizens will endorse that kind OF a
candidate for mayor"
Mr.. Prettymans statement is as
follows;
M Bayard does not seem to be
we'll informed concerning the Asso-
citation Against the Prohibition
Amendment. He says ne has never
seen his name on their literature or
On their advertisements Nor does he
seem to be well informed as TO their
program. Yet he admits that he is
a member OF this organization, and
whenever they have held meetings or
formed state organizations. they
have used his name as a nationally
prominent member-and so long as
he is a member he becomes a party
70 their program.
In a letter to Mr.. Bayard quoted
a statement made by the president
OF the Association Against the Pro-
} hibition Amendment, where he said:
That once this act (Volstead law
has been repealed. the prohibition
: amendment will be nullihed since
there will be no law for its enforce
ment.'
"Mr Bayard says that such a
, statement is silly. because the Eigh-
b teenth Amendment says Congress
shall pass necessary legislation for
, its enforcement. He says this Is
mandatory. He quotes from section
! OF this amendment which reads as
follows: Congress and the several
, States shall have concurrent power
70 TO enforce this article by appropriate
{ legislation
81 Challenges Bayard's Stand.
y 1T can easily be seen from this
e that II II is mandatory upon Con-
I gress 10 pass appropriate legislation
! 10 enforce the Amendment, IL is jusi
as mandatory upon the severa
states. What Mr.. Bayard says can.
not be done has been done. The
liquor trafic IN conjunction with tho
, members of this organization have
fought the passage OF laws in sew
eral States which this part Of the
Amendment says is mandatory thai
|. they should pass. In some States
= they have prevented the passage Of
}. any law 10 uphold this part OF ths
j. Constitution and in those States that
l. part OF the Constitution has been nul.
u ilhed.
Take the State OF Maryland
II When a bill Vas being presented foi
To- passage in that State, IL was strenu
d ously opposed by these interests. anC
l. when Mr.. Bayard's argument tina
2 the Constitution demands the pass
= age Of such law, presented 20 them
10 some members Of the Marylan,
i Legislature said, "To---with tn
'e Constitution" And today Maryland
" has no law. The Constitution il
that respect is nuilihed in Maryland
n What they have done in Mary
o land they are trying to do in tn
n whole country by the repeal OF tn
4 Volstead Act. This is shown by tn
h speech OF the president OF this org
m anization as we'll as by their litera
1t ture
= u reafirm that should this organ
ization succeed in having the Vol
M stead law repealed. anyone VIII
OF should sell Intoxicating liquors 70
Is beverage purposes would be just a
? guilty OF a crime against the funda
M mental law Of our country as thoug
or the Volstead Act had not been re
pealed. The only difference woul
be that there would be no law b
which these criminals could be pun
ished. They would be violating tn
o.. Eighteenth Amendment to the Con
NJ stitution. but could not be punishe
" for doing so.
This would mean that the sale Z
Intoxicating liquors from a FEEDER;
! gtanunOlnL Woulu 30 OlA NAAAQ1N al
restriction or restraint although I'll
~ fundamental law Of the country say
-. il Is unlawful
'ss "Mr. Bayard says he does not 81
how this is pertinent to the eieotio
OF a Mayor in the city Of Wilmini
en- ton. The Volstead act confers upo
W the Mayor of a municipality II
p power, should be receive complain
L. that intoxicating liquors are mani
featured, sold or transported by an
le- one, TO issue a warrant for his a
Ie- rest and have the party so violatir
"a the law brought before him for e.
ne animation. II the Mayor finds u
ret charge sustained by the evidence,
To- can bind the accused over 20 Il
'p- Federal grand jury, or place him
ke. ian in default Of bail to await u
tty action Of said grand jury. II cs
by, easily be seen from this that the at
w tude OF a candidate for Mayor of q
city OF Wilmington on prohibition
els Of vital Importance.
I'VE readirm that the Associate
res Against the Prohibition Amendme
is trying TO nullify the Eighteen
ed Amendment: and since ID has be