Perth Amboy evening news., 1922-11-13
THE PROHIBITION MIDDLE

$1,000 HNSODoH
There is no doubt that the country is in for a period Of med
ding with the prohibition laws. 1t is a pretty mess. A constitu-
sonal amendment has been adopted and ratified by forty-six of
the forty-eight states prohibiting the manufacture and sale of in
toxicating liquors. The United States supreme court has ruled
that any liquor containing more than one-half of one per cent.
alcohol may be considered intoxicating, yet if the recent election
means anything, especially in this section of the country, it means
that the people are dissatisfied with the present law and demand
the moderate alcoholic drinks such as wine and beer.
In an effort to satisfy this demand bills will be introduced iii
congress, no doubt, tending to liberalize the prohibition laws. This
will mean : hard fight. The AntiSaloon League, whether we agree
with its principles or not, must be given credit for being one of
the serappiest organizations that has ever been formed. Any bill
that is passed permitting the manufacture and sale of wine and
beer, or any bill legaizing any liquors containing more than one
half Of one per cent. alcohol is bound to be attacked in the cour:s
a. to its constitutionahty. The supreme court will have to do some
clever juggling with words to get around the decisions already
rendered unfolding thu present laws.
OF course, there is that word Concurrent in the prohibition
amendment that has never been satisfactorily defined. According
to Websters dictionary, the word concurrent" means acting in
conjunction; agreeing; cooperating. Joint and equal in author
ity and jurisdiction This would seem to indicate that the state
had equal rights with the federal government as far as this par
ticular question is concerned. But when it is remembered that
federal laws take precedent over state laws it is evident that a
state cannot undo what congress has done. In other words, if
congress, which makes the laws for the nation, decides that any
Iverage containing more than onehalf Of one per cent. alcohol is
Intoxicating and therefore is unconstitutional, no state legislature
can pass a law contrary thereto. The state can cooperate and can
exercise equal authority and jurisdiction IN enforcing the law, but
it cannot nulify any federal law. At the same time, a state can
refuse to cooperate with the federal government, but such refusal
on the part of the state cannot interfere with n 1ederal autnorl'
fns enforcing the law.
When it is realized that, as far as New Jersey is concerned.
he enforcement of the prohibition laws has been done almost en-
t;rely by the federal authorities, anyway, the state, IN spite OF
.eeent legislation. having done practically nothing to stop the il
leoal traffic, we cannot see how the state alone can change present
conditions.
And If the supreme court sticks to its present ruling that any
thing containing more than one-half of one per cent. alcohol is III
texicating. the only process left for hberalizing the liquor laws il
~ either repeating the eighteenth amendment to the constitution,
y amending the amendment. But to do either of these things it
would REQUIRE the assent of three-fourths of the states even atte.
congress had acted favorably. Of course, here in this "wet" sec
ION Of the country this would seem to be an easy thing to get. But
this prohibition movement is not a new thing, by any means. 1t
has been sweeping over some sections OF the country Tor a long
time so that even before the federal prohibition amendment was
adonted thirtv-two states had gone dry" upon their own vohtpn.
Naturally. these thirty-two states if they are dry" OF their own
accord. could hardly be expected to take the we" sde OIL any
issue as far as changing the federal constitution IS concerned Inns
leaves but sixteen states. taking it for granted that all the remain
;nr would favor repeating or changing the eighteenth amendment
INT in order to get the three-fourths necessary to change the con
,+;trfon IL would be necessary to have thirty-six states vote with
the stwets.'' This means that twenty OF the thlrty-t"o WV
states would have to vote with the "wets," something III ~ al
most preposterous to consider.
r. Is nlain. then, that the "wets'' are going to have a rather
s;s;cut time satisfying the demands of those who want the pres
lew rberalized. The authorities may be willing enough, espe-
s;.1v since last Tuesdays verdict, but there are all sort II COM
10 - os va have lust pointed out. In the meantime there IS
$500 ~ he more defiance of and contempt for the law IMAM ever
800 and the lawless element will become exceedingly bold. This
=, -, until the people are aroused sufficiently all over
: INIT IN settle the whole question definitely one way or the
H. n Is the old slavery question all over again. Abraham LIN
~ 5oolared before the Civil War. this country cannot remain
half slave and half free. So today the country cannot Iemd.n
a1f aue+,, and half dry" Let US hope, however, that 1t Will
rt require a bloody struggle to settle the question hnaily'