Evening journal., 1922-03-18
GOV. DENNEY
WRITES ABOUT
WINES, BEER
Continued From First Page

Clerk or Council, wilmington. Del
Dear Sir: 7 acknowledge the re
ceipt OF your letter OF March t3
transmitting TO me by direction ofl
The Council OF The Mayor aaal
Council OF Wilmington a certlned
copy OF the resolution adopted by
The Council on March .. 1922.
after making certain recitals OF
facts with the accuracy Of which ]
am not at the moment concerned
further than to say that many good
people OF the State and nation are
+ In pronounced disagreement here
With, the resolution proceeds 10 i,-
clare II TO be the sense OF the coun-
ell That the Congress OF the United
States OF America and the state of
Delaware. amend and modify exist
/ ing prohibition laws under their re-
spective jurisdictions and within
their proper powers which will pcf-
NIT the manufacture. sale and dis
tribution OF wholesome beers aud
light wines, and that all govern
mental revenues derived from such
permission be set aside as a separate
fund for the payment OF bonuses 60
ex-service men.
THE resolution then directs that
a copy thereof be transmitted among
others. 10 the Governor OF Delaware
and declares that in the event the
governor Of the State OF Delaware
will call an extraordinary session Of
hn
clude and make a part OF such call
the subject matter expressed in and
by this resolution.
The fact that the resolution Is di-
rected 10 be sent to me with the sug-
gestion contained In the last para
graph dust quoted) regarding a
special session OF the general assem-
bly,, prompts me 20 do more than
make a simple acknowledgment OF
Its receipt.
THE constitution In It's eigh-
teenth amendment provides as fol-
lows:
Section 1. After one year from
the ratification OF this article the
manufacture. sale, or transportation
OF intoXlcation liquors within. the
portation thereof from the United
states and all territory subject 90
tho Jurisdiction thereof for bever-
age purposes Is hereby prohibited.
Section 2 - The Congress and
the several States shall have con-
current power TO enforce this article
by appropriate legislation
The amendment was duly rati-
fed by tkirty-six States. being the
requisite three-fourths Of the whole
D number OF States which fact was
duly proclaimed January %. 1919.
p one year after said date the amend
3 ment, under its terms became effec-
?. tive. My recollection Is that since
4 then the number OF ratifying State,
10 has been increased to forty-six. leav.
Q ing only two that have not ratified
The amendment thus becoming
q part OF the fundamental law Of the
!. land, the Congress undertook to en-
% force the article by legislation which
s .t deemed appropriate by the en-
B. actment OF a federal enforcement
o. statute. Andrthe State OF Delaware
having concurrent power with the
a Congress. likewise enacted legisla-
n ton which In the judgment OF the
DO General Assembly was deemed ap-
propriate to give force and effect Ia
- the amendment within the State.
y 1T Is this enforcement Legislation
2 which ] assume The Council desires
4 to have modified TO the extent. a
!. least. OF allowing wholesome beel
o. and light wine 10 be manufactured
s sold and distributed. And The Coun.
/. cil further desires the Governor OF
p. the State. n the opportunity arises
!. to join In furthering their desire.
!. 1T may be trite 10 say so. yet 4
}. would appear necessary TO state a
- simple elementary truth which
Y fear many people are ignorant OF or
n knowing II, are impervious TO. Il /,
Z this. that the Constitution OF thu
q United States. is the Supreme Law
g OF the land.
Y mo federal statutes. no treatie
a and no legislative enactments In tn,
q States. can either nullify or impai
Il. All federal and State official
are sworn 10 obey it and every citi
zen Is not only legally but moral.
bound to respect It.
N NOW the constitution nrOnlht
y the manufacture. sale or transpor
tation OF Intoxicating liquors. Bee
and wine have always been REGARDED
u as intoxicating liquors. Courts every
IN where throughout the land have re
+ peatedly 80 decided. Statutes-Fed
It eral and State-cannot. by leglsla
z. tive definition. make them other
m wise. SO that when The Council
g. advocates proposal that tn
m State should legalize the manufac
m ture. sale and distribution Of bee
and wines. II. in substance. advo
,r Gates a violation OF the Constitution
as OF the United States.
le The Council may, II II sees Al
z champion such a proposal. l sha
he not
he This I shall not do for at leas
r. two reasons. First. / am anon
ie those who. endeavoring to accord I
r the Constitution OF our country IN
d. fullest measure OF devotion, beliey
IN that TIE amendment in questio
should be honestly fortified by ei
be fective legislation.
n Il am opposed to any scheme thu
I'd would emasculate IL by hostile eT
on actments. OF course. the Congre
or and the legislators In the Stat'
o. have the power. II they choose
nj exercise II. TO embark upon a pr'
gram that means a deliberate pu
Mt pose to refuse TO support the Coz