Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1917-12-27
.-tA2 JOKER IN
Dry AMENDMENT
PrOhibitionists Includ-
cd to Test Seventeen
Limit in Court.

Washington. Dec. 2i.-Inspired by the
k,ss;bility that the constitutional amend
LIT for the national prohibition just
,nssod bv Congress- contains a "joker'
n,t will ru,,ifv IT even after it has been
a.,eo1 ,ithin sevcn wears by three
".t. - ,,o e.,tos nrob;b,tion forces
our.ns y, uns ,,,o ,ns,itution NJ once ot
e..,o,,,,, ,oaa, nroceed,np IN mass upon
II ...',s
ne ', uu pord,u NJ California
W .',s % .,,a ,,roh,,,,io,, ,,r,v
"V ing -, a., a.. -, a.,
'''. i'ouse IIs w. ~ .,,s .,,,,,n, .,,a,,
MS oi,e'''.h nc -, @ ,,,.,e,..
III ac'ioi Snou'o -. '.ai 'o, ~,
ma VIII confer WIN o."er ieaueis Vi 'ne
Try FORCES Win u we" 10 haVins 'ne ques-
ion settled petore tne campaign Is pesuh
throughout the country TOT ratihcatioh ny
the States.
The amendment contains provision
So IS without precedent. section
three fixes time limit or seven years
within which the States must act upon
the measure. Failure TO act withln
that time' either py ratincatlon OF re-
pection. renders the proposed ameno-
Pneht III operative
HELD TO BE A VIOLATION.
The text of section three reads:
This article shall be inoperative un-
hess it shall have been ratified as an
amendment to the constitution by the
legislatures of the several states, as
provided in the constitution, within
eeven years from the date of the sub
mission hereof to the States by the
Congress"
In both the Senate and the House
members who favors prohibition and
voted for the amendment sought to
have this section eliminated on the
ground that it was plain violation of
other parts of the constitution not
specifically amended by the new meas
ure. Article five of the constitution.
which outlines the precise method by
which constitutional amendments are
to be submitted by Congress to the
states. was cited as the particular part
of the constitution which 1t was con-
tended was fatty disobeyed by having
the seven year Limitation attached to
the prohibition amendment.
In the Senate Senator Borah, republic
can, of Idaho, profound constitutional
lawyer as well as an advocate of prohibit
''oii, eontei,oeo .ha' congress- was not
at Ali because the method Of submission
was mot followed nor did tho nrob;bitior
amendmont nretend IN amend tho Consti :
tuition bv providing n new method.
| felt pprfpctly that tho court Re
womb hold that section three were n,ere
surn,usape. said Senator Por,h az
should not no uneasv about tho situation
13ut when the Constitution nrovides .h,,
the manner in which an amendment oh I,
he submitted nrescrihes how II shall, orr
to the States and under what terms and
conditions. do NOT see how n can he
submitted at all except in accordance
with those terms and conditions Tba,
g., what have tho great fear of-tbat /,
will be held not TO have been n submis
sion at ALL"
In the House Representative Reayis re-
publican of Nebraska. a member of thu
Judiciary committee raised the question
Of the integrity of section three in another
rorm. While not suggesting that court.
would hold that Congress had not submit
ted the amendment. he did express the ap
prehension that the courts would hole
tnat the seven year limitation might bt
considered as an inducement for the pas
sage OF the measure. and by that criterion
hold II unconstitutional.
DECLARES 1T IS A JOKER
Section three is a ioker" said Nv
Reayis 1T ought TO he cut ont of mi
resolution. Never before has tbera hoo,
in any constitutional amendment submit
ted to Legislatures on a time limit. Arti
Gle five Of the constitution saws that n,