The Rise and Fall of Prohibition: The Human Side of What the Eighteenth Amendment and the Volstead Act Have Done to the United StatesTowne, Charles Hanson
History
The Rise and Fall of Prohibition: The Human Side of What the Eighteenth Amendment and the Volstead Act Have Done to the United States
Towne, Charles Hanson
Prohibition -- United States; United States. Constitution. 18th Amendment
“The Van Ness Act is invalid to the extent that it makes violations
of its provisions disorderly acts as distinguished from those which
are criminal in their nature because, prior to its enactment, the
Congress of the United States had already declared by necessary
implication in the federal statute, commonly known as the Volstead
Act, that a person who violated any provision of the Eighteenth
Amendment to the Federal Constitution, should be guilty of crime.”
The constitutional provision in the State of New Jersey has long been
known to be as follows:
“The right of trial by jury shall remain inviolate; but the
legislature may authorize the trial of civil suits, when the
matter in dispute does not exceed fifty dollars, by a jury of six
men.”
Chancellor Walker further pointed out that the Constitution of 1776 had
contained this provision:
“And ... the inestimable right of trial by jury shall remain
confirmed as part of the law of this colony, without repeal,
forever.”
But though the Van Ness Act was declared unconstitutional the work of
suppression went on. The Hobert Act took its place. The Association
Against the Prohibition Amendment (New Jersey branch) protested to
Governor Edwards when the Bill was passed. They pointed out that
Chancellor Walker, in his opinion in the Court of Errors and Appeals,
on page 18 of the decision dated February 2, 1922, had said:
“New Jersey need not have passed any enforcement act and could have
left the field wholly to Federal endeavor under the Volstead Act.”
They likewise pointed out that there were no advantages whatsoever
to the State of New Jersey proceeding from such an act; but the
disadvantages were numerous and severe. It put upon the State courts
all the work, and upon the citizens of the State all the expense of
enforcing the national law. They also showed how tyrannical the Act was
in certain sections. Section 16 reads as follows:
“Any officer engaged in the enforcement of this act who shall
search any private dwelling, as herein defined, which is occupied
as such dwelling, without a warrant directing such search, or who,
while so engaged, shall, without a search warrant, maliciously and
without reasonable cause search any other building or property,
shall be guilty of a misdemeanor and upon conviction thereof shall
be punished for a first offense by a fine of not more than one
thousand dollars, and for a subsequent offense by a fine of not
more than one thousand dollars, or by imprisonment for not more
than one year or by both such fine and imprisonment.”
Public-domain text, read in full here on John Shaqi.
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