The Richmond Virginian. (Richmond, Va.) 1910-1920, 1917-12-28
VIRGINIA'S EXAMPLE
WILL BE INSPIRATION
Newspaper Reports Question
ing Validity of Prohibition
Resolution Refuted by
Wayne B. Wheeler
tBy staff Correspondent)

AHFt6hTlaA nOAl0hyAt NA@
of importance in connection with the
great task of providing for a sober ma
ton, which means a sober army wher-
ever II might be located, is to be
brought to the attention Of members
OF that body.
Day by day additional testimony
from sources which command atten-
ton, touching the need for the conser-
walton Of every resourc that the man
power Of the nation may be sustained.
Ia being developed. Naturally, the
most emphatic way in which the peo-
pie Of the country could have i'm
pressed upon the%n the sentiment back
Of national prohibition is for a sur
Rcicnt number OF states to rattfy, AT
the earliest possible opportunity. the
national prohibition resolution sub
mitted By congress.
The attention Of The country is now
boiug directed towards those states IN
Nrnlch legislatures meet shortly after
thu coming Of the New Year. Virginia
being among these. It is being point
ed cut here that. should Virginia, the
Mother OF states. he the first TO
ratlfv the national prohibition resolu-
ttBfEF. tie tfT' 1T N1et1
be of the most gratifying character,
Therefore II is suggested. Virginia has
n double duty devolving upon II, first,
thai ~ meeting the demands Of It's
own people IN being among the first,
II not ne first. to ratify through its
legislature. the federal amendment.
and second, that af pointing the way
10 ether states MS 70 what their duty
should he
We. - y-Lart,~ ,.o-n .r5
a general ~eounee, fer the Anti saloon
Ie-spua Of Amet.ea. discussing hews-
paper repcrts'to the effect that the
national prohlh!tion amendment as
submitted 10 The various states is IN
constitutional. said:
Two limitations have been iucorpc-
rated in tho constitutional amendment
which have not been found in other
amendments submitted The FIRST lin
itation requires the states to ratify the
amendments within seven years. From
the legal standpoint II has been ques-
tened whether congress has authority
to place this limitation in the resoiu-
ton submitting the amendment, As
a practical question the friends OF pro-
hihition viii never have 10 face this
issue, because the amendment will he
adopted before the ~seven-year limit
has expired. II IT il thus adopted. It
10 NttaFt any &kIFFl ~ an VINO nave
examined the question. thai the.
amendment would be unGuestionahly
valid The only Er4nd on which the
court could declare II Void would be
that the amendment would not have
been adopted II II had not been thai
tho seven-year clause was added. As
Il matter Of fact ~ amendment would
be far more certain Of adoption with
out the sev~ year clatse than with
d - IS a
have little or no weight.
Year Time Limit for Effect.
The amendment also provides that
one year after ratification the sale and
manufacture, etc, of intoxicating
liquors shall be prohibited. The con
stitutlon says. Amendments to this
constitutional . shall be valid to
all intents and purposes as part OF hts
constitution when ratified by the leg
stature of three-fourthe Of the several
states etc The wording OF the con-
stitution does not require an amend
ment to become operative and eTec-
tive Immediately upon It's ratification
by three-fourths Of the states. The
amendment may be valid. but II may
contain a provision thai IL viii not
be operative until a future date. Many
state prohibition laws are enacted that
are valid when properly passed and
signed by the governor or other on.
Ger In the state whose signature is re-
quired, But they Dc not becomel
operative until the data named Ia lha
law. All local option laws are valid
when passed by the Legislature. They
do not become operative and enforce
able, however. until later dates when
a contingency named in tho law puts
them in operation.
IF thirty-six states of the Unianl
ratify an amendment with a clause in
IT naming the date when 1t becomes
operative, there is more reason for
sustaining that amendment than for
sustaining a law which has a similarI
clause In II. The general rule for
constituting constitutions is more lib-
oral than for constituting state laws
Black, on Interpretation OF law. states
this proposition N the following
terms:
"A constitution is not 10 be inter-
preted on narrow or technical prfnct~I
pies. but literally and on broad gen
eral lines. In order that II may ac.
complish the objects OF it's establish
nfent and carry out the great princi-
pies OF government
Narrow and technical reasoning
says Judge Cooley. Is misplaced when
II Is brought 10 bear upon an i~nAtru-I
Ipent framed by the people them
Ava t44EtAaNNl* Gaf anu NeAtEn@df
an "A chart upon which every man
learned or pnlearned, may be able 10
trace the leading principles OF gov
The constitution wa
tended for the benent or the people
and must receive a liberal conntruc.
zion. A constitution is not 10 receive
a technical construction. like a com.
mon law Instrument or a statute. II
Is 90 he interpreted SO as 20 carry or
the great principles OF government
not 20 defeat them
In view OF these we'll settled prtn-
elpies af law friends OF the Amend-
ment need not be alarmed about tha
validity Of the national prohibition /
amendment when II. ts rattnsd hy
thirty six states or ire Gfnion. an
trend Of court decisions Saamx h
against t~echniealieies ana halr.Aplit-
ung constructions and. az judge
Cooley said years ago. a constitutional
h. intended for the bAaent OF the PEG. I
pie and sheul be construed ID carry
cot that purpose"