Every evening, Wilmington daily commercial., 1922-03-18
GOVERNOR REPLIES
TO LIQUOR LETTER
OF CITY COUNCIL
Continued from page

lc8lslatlon.
"The amendment was duly ratified
by thirty-six states, being tho requisite
hree-fourths OF the whole number OF
states, which fact wns duly proclaimed
January 20, 1919. Ono year after said
date the amendment under It's terms
became effective. My recollection In
| that since then the number OF rntify-
Ing states has been increased to forty
six. leaving only two that have not
| ratified.
"The amendment thus becoming n
part OF the fundamental law OF the
land. Congress undertook TO enforce
tho article by legislation which Il
deemed proper. by the enactment OF
the Federal enforcement statute. And
the state OF Delaware, having concur
rent power with the Congress. like
wise enacted lcgisla ton, which, In
the Judgment of tho General Assem-
bly,. was deemed proper. to give force
and effect TO the amendment within
the state.
ut Is this enforcement legislation
which / assume the Council desires
to have modified TO the extent at len st
OF allowing wholesome beer and light
wine to be manufactured. sold and dis
tributed and the Council further de-
sires the governor OF the state. II the
opportunity arises, to join In further
ling their desire.
1T may be trite 90 say NO. yet Il
would appear necessary 10 state n
simple elementary truth which / fear
many people are ignorant OF or know
Ing IL, are impervtous TO. II Il this
that tho Constitution OF the United
States In the supreme law of the land
No Federal statute. no treaty and nc
Legislative enactment In the stntcs
can either nulllfy or impair Il. All
Federal and State officials are sworr
TO obey and every citizen IL not only
legally, but morally, bound 20 respect
IL.
"Now. the Constitution prohibits IN,
manufacture. sale and transportnti tiof
OF Intoxicating liquors Beer snt
wine have always bcenC regarded n,
intoxicating liquors. Courts every.
where throughout the land have re
pcatedly so decided. Statutes, Fed
real and state cannot bg iegisiatip,
definition. make them otherwise s,
that when the Council sdvocates :
> proposal that the State should legal
ize the n,onufaeture. sale and distri
button OF beer and wine. Il ia sub
stance advocates violation OF IN,
Constitution OF the United states
The Council may. II it sees n
champion such proposal shall no,
This shall not do for a. least tvs,
reasons. First. am among thos,
, who. endeaVoring to accord 90 IN,
constitution OF our country the fulies
measure ot devotion. believe that th,
amendment IN question should b.
honestly fortified by effective lesisla
ton. am opposed 90 any schem
that would emssculate it by hostil
; enactmenis, or course, the Congress
: and the legislators in the state hav
+ the power, ~ they choose to exercis
Il, TO embark upon program tina
means deliberate purpose TO refuse 1
support the constitution by erectiv
laws. Having sworn To defend an
support Il, however, | do not thin
self-respecting Legislators woul
!, pursue such fsithless course.
: 'Second--If the Legislature Of an
embark upon such a venture OF prac
tical nullihcation. it would attempt N
impossible. for its enactments woul
Immediately fail because OF their ur
Constitutionality. IL would be a flr
: spectacle 20 see Delaware, the fir,
State 10 accept the Constitution, n.
suming the menial role among n
- sister States Of being the first in ii
s present generation 10 undertake &
n partial destruction; how far cou
Y Delaware 40 in such an ignoble ar
l may say at the same time. ludicrol
l. endeavor? II the State were sufl
o. ciently contemptuous OF the supren
i law OF the land as 10 undertake 4
e partial notification, fear OF becomir
laughing stock among the oth'
States Of the Union ought TO restra
her from such folly.
"h therefore. anyone is TO lead
= Delaware in a bold assault upon Il
y Constitution OF the United States !
Il trying to induce the state TO defy Il
k Constitutional inhibition against ma
II ufacturing and selling certain kin,
: Of Intoxicating liquor IL will n
e be the Governor OF the state so lor
IS as the present incumbent occupl
N that high office. II the Council d
% sires 10 essay the bold task OF leadii
4. such bad cause. II is welcome to
q, unenviable role. When the CounC
3, calls on me 10 join the enterprl!
=, however, my sense of duty 10 the Ia
OF the land prompts me to decline.
II do not know what practical {
feet the sort Of resolution adopted
The Council can have except to e
Is courage that spirit of disregard of ID
of which is already too prevale
he throughout the land. Inasmuch as IT
On Council has assumed TO suggest 10 !
a what / ought TO do in the premises
~ may perhaps be permitted to recipI
C. cate by assuming TO make suggesti
10 The Council My suggestion is Il
. that instead OF passing such resol
tions as were sent TO me, the best
terests Of the state would better
n subserved II The Council should
Iir resolution declare that the Constit
et, ton and laws ought TO be homes
lg and conscientiously obeyed by all cI
as zens everywhere, and II the same ,
or not being so obeyed. call upon all
people to rally to their defense,
Yours very truly,
wv. d. Denney
Governor"