Perth Amboy evening news., 1921-11-05
VAN ness TEST
CASE HEARD
Supreme Court Hears Argu-
ment Yesterday in Two
N. ]. Trial Actions

TRENTON, Nov. 5-Eloquence
aowed freely here yesterday wnen
The supreme court heard argument
OF counsel on both sides In the Two
lest cases which are to determine
,he constitutionality Of the sau
Nsss prohibition enforcement AZ.
.,.he court took the case mt eon
terence. which meal nat ".h
the court decides the case Va"
more than usual speed, as reques'eu
l,v Assistant Prosecutor oSois
Gelrsrs. of Hudson, legal
800 for some time to come.
In his fiery plea. Col. Nickers tolo
~. court mat it's writ OF REVIEW
Witch holds up the prosecutions
s,,der the Van Ness law. has acted
liouor license" Violation OF
ne IioI,or laws is rampant
as,t The state. he declared. Although
-osnceding that the court may not
,arral with the legislature, nor
dansider its motives in passing the
famous bill, the dry" %
.wet' county called attehtion ~
numerous reasons for supPlel rsith
ing the federal Volsteao act "'A
the state Van Ness law. rmar,l
The cases heard We're IEda.idge
Il. Karz against Henry II: and
a Cape May county convicli3n, a
,S,,st Carell against HUDSON
Sa,rfv Judge James w. McCar-
~, Hudson case where the pro-
cesa;nrs had been arrested peioie
ronstitutional right Of trlal ps
y,,rv was the main point stressed ps
pat.art III. McCarter, OF NeWaIh'
who opened the argument
siIered v~iolators. You canhos
n.rs . sow's ear silk by calling "
III declared the lawyer, VINO
ssn,,t,v- maintained that a
of the constitution OF M o
states is a crime, although II -
al only a '~'disorderly act py u
Van Ness Act, If a crime. ne ne
tended, the jury triai c AIM ,ho
Ken away without Violatioh VI NN
constitution. hr +be Anti
S.1aan league in its recent asser-
ions that there are numerous SAM
msrv convictions aside from liquor
c.s,s- where the penalty or a years
tmnrisonment may be
without trial by jury. was eccepteo
hv Mr.. McCarter. The lawyer re-
fsrra5 70 an act OF 1921. whlcn
r,v.. Motor Vehicle Commissioner
mn authority to impose a sentence
~ f3fteen days for a second olehse
Of putting glass IN the
AFTER we once GO" he sa1d' De-
xord the line drawn by history curry
rial for all real crimes), there rs
nowhere we may stop, anu II, "
calling the offender a dlsorderly PEI
son. he may be sentenced "
month and $500. he may pe sen,
t.rcad TO six years n S5,OOO.
.srhi. is no fanciful fear" he said'
referring to the motor vehicle statu1e
~ This year. where will this stop!
Another point urged against tne
law was the provision hat once the
nristence of the liquor in the ue-
-naart,s~ nossession Is proved, the
urdan OF proving it was not TOT
,sh~varareN purposes' shifts TO MN.
rhjs declared the lawyer, violates
. fundamental rule OF Anglo-Sa1oh
law that the accused Is TO be pre-
sumed innocent until ne is proven
guilty. "a
go ON the ground that its title
does not sufficiently express lts pur-
nose. as required by the state con-
stitution. - -
should the law itself be upheld, an
Interesting question as to its meaning
vas raised for the decision of the
court. According to Mr.. McCarter's
contention, n man who aids and
abets" in a violation Of the Van Ness
act. is not liable to punishment un-
der ii. since the act says nothing
about such a one. The rule OF law
that one who aids or abets is equally
liable with the principal offender
cannot be applied TO the van Ness
act ne declares, because that rule
only applies to crimes. The legtsla-
ture. which has declared violations
of the act not to be crimes, ann
-ida W horses at once" he asserted