Evening journal., 1922-02-04
new DRY BILL
SOON FOR N. ].
!. Party Leaders Differ Over
Jury-Trial Feature of
- Court Decision
HOUSE MAJORITY
FOR PROHIBITION

Saloon League, indicate a misunder-
standing as to the full scope OF the
decision rendered by the Court OF
Errors and Appeals in validating
New Jerseys Prohibition Enforce
ment Act.
The outstanding feature Of the de-
cison was that OF the eight mem
bers voting to reverse the Supreme
Court seven held the act unconsi-
tutional because IL attempted to
evade trial by jury for any crime
guaranteed by both the Federal and
state Constitution.
In passing upon this important
feature OF the act the Court OF Errors
subdivded the jury issue into two
questions. one group Of five judges.
headed by Chancellor walker. voted
the summary procedure without
jury was invalid under the state Con-
stitution. II respective Of the Federal
Constitution. including the Eigh-
teenth Amendment OF the volstead
act
six judges voted that under the
Eighteenth Amendment and the Vol
stead act. constituting the supreme
law Of the land, the fact that viola
tions had been made a crime by the
organic law compelled a jury trial in
this State. Four OF those judges also
voted afiirmatively on the first ques-
ton. holding therefore that jury
trials were essential under either the
State or Federal provisions OF the
fundamental law.
The net result therefore IS that a
majority Of the Court Of Errors, eli
gible to sit in any similar case. are
against any law providing such pun
ishments as that OF the Van Ness
act. except where trial by jury Is
included. or still more importance
Is the fact that under the doctrine
Of precedent the Court OF Errors
stands committed to the jury trial
proposition.
DRY" leaders OF the State met
yesterday in conference To frame a
new law for Introduction next week.
Although Il was generally expected
that the jury trial feature must be
included a number OF conferees fav-
ored the summary procedure OF the
Van Ness act believing a bill might
be framed to meet the objections OF
the court. this being upon the theory
that a majority and not voted affirm
ative.y on either OF the two ques-
tions enumerated
II was suggested that the court he
asked to make a statement defining
the effect Of its decision upon pro-
posed legislation OF a similar char.
acter. Such a course would be with
out precedent in New Jersey and 81
is not likely that the court would
attempt 10 commit itself.
A canvass OF the House made by
the Anti-Saloon League Is reported
as showing that twenty-nine mem
bers favor a bill following the gen
eral lines OF the Van Ness act. tha
twenty-four are outspokenly opposed
TO such a measure. that five favor
a bill with jury trial included and
that two are uncertain. Thirty-ons
votes are required TO pass a bill. i
Is believed any enforcement bill pass
ed by the House could be put through
the Senate.
Edward c. Stokes. chairman o
the state Republican Committee. SAID
tonight that in his Judgment th'
decision will make prohibition en-
forcement the live political issue o
the day. He described the "wets'
as having become cisheartened by
repeated reversals. both in the courti
and before law-making bodies. an,
predicted that the Court OF Errors
decision will revive their failinl
hopes and result in a more aggressivl
"wet" campaign than has heretofor
been waged.
The Anti-Saloon League will, a
heretofore. seek to make the Repub
lican Party in New Jersey its all
and TO that end will ask that tn
new enforcement law be made
party measure and hence the subjec
OF caucus action. There is httl
doubt that a majority OF any Re
publican legislative caucus woul
support enforcement. In the pas
however. wet" Republicans hav
refused TO be bound by a caucus vot
on this subject and would probabl
do so again.
While the dry" forces were plan
ming the enactment OF another en-
forcement bill the "wets" were nc
idle in seeking to make all the car
ital possible out OF the decision
They are planning a Statewide dem
onstration against any further en-
forcement law which will add en-
barrassment to the business OF IN
bootlegger or the manufacturers
"home brew" Also they are study
ing the steps necessary to insure
return OF fines aggregating man
thousands OF dollars paid under tn
unconstitutional act
II is the belief OF most lawyei
that legislation will be necessary
recover fines actually paid. and ce
tainly those paid by defendants VIII
pleaded guilty or non vult. It
planned to introduce a bill maxim
the repayment of all fines compu
sorry.
In several counties prisoners ser
ing Jail sentences under the Van Ne
act were released. When such a.
tion Is not taken voluntarily by n
authorities habeas corpus proceeding
may be resorted TO. though it is M
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