The Washington herald., 1918-08-20

When are two-thirds not two
thirds?
This is the question bothering the
members of several courts just now.
and no end OF legislators Of grca;
and small girth.
The question arises over the pass
age of the prohibition amendment
last fall by an affirmative vote of
IS IN the Senate and 2S2 in the
lower House.
The State Legislature Of New
York, on the advice OF some very
alert member. passed a resolution
asking the clerks of each house to
certify the vote to it. This was
done and then the alert lawmaker
made his speech in which he pointed
out that 2s2 is not two-thirds of
435, and that when the Federal con-
stitution says "two-thirds' it means
that percentage OF the total mem
bership of the body, and not two
thirds OF the members present when
q constitutional amendment hap
pens to be proposed.
Congressional precedent is all in
favor of the prohibitionists who in
sist that the amendment has been
properly and legally submitted to
the States of the Union. But the
New York man insists that prece-
dent should not prevail over the
wishes of the forefathers who
framed the Construction.
The chances are that the supreme
court will have to pass on the mat
ter when the States necessary to
ratify the amendment have taken
that action.
The same man who was bright
enough to look at this matter also
insisted that 1t was not right to burden
the constitution Of the United States
with a police regulation-the bar
,, against use of liquor.
why not put something in the con-
stitution against immortality? And
against cheating and lieing and
profiteering? And all other steps
which must be taken in order to keep
at least the majority of our citizens
in the path of rectitude?" he said
This appeal. doubtless, to some of
our friends in the Congress Of the
country. But 1t is not a heavy ap-
peal by any means. The truth is the
people can make OF the constitution
just the document they want to
they can add to II or take away from
1t just what they think necessary. in
view OF the changed conditions since
the constitution was written. When
the time comes 1t is impossible for
them to do this the time will be here
for US to REBEL. We credit our fore
fathers with a superabundance of
patriotism and good judgment in the
making Of the constitution but we do
not think they saw everything that
might arise in a thousand years of
existence Of this country. There must
be changed views. There must be
some leeway for the people Of this and
other generations to amend the docu-
ment when they find it necessary to
do so. If 1t be by making police regu-
lations. well and good.
The possibility of Senator Warren
being selected Republican leader has
been pointed out by an alert Wyom-
ing man. He says II the step is
taken doubtless 1t will give the
grand old man Of the Senate" a
fighting chance to be reelected in his
State this year.
Evidently the belief Of the Wyoming
man is that the people would hesi-
tate about throwing the Republican
leader out Of the Senate while they
might not have SO much hesitation IL
the member were merely a rank and
fler." II the Republicans want to
make good move, therefore, 1t will
be better for them to do this than
to give the place to Henry Cabot
Lodge or any other member who has
been mentioned for the place. For
few Of the members mentioned have
races on this year. The party ought
to see to 1t that their political game
Is helped somewhat as long as they
have to depend upon Senate strength
to accomplish anything worth while.
Therefore, II Senator Warren is given
the place ne will know the Republi-
cans want him to return. II not-well,
what will be our conclusion? Can you
guess?
Much sentiment Is being thrown
on the Congressional screens from
| over the country opposing the draft
of youngsters between the ages OF
Is and 21. Evidently Secretary Ba-
ker has heard something about it
too. for he has modified or extended
his views on the subject. The peo-
pie Of the country are behind the
war to the last man and the last
dollar but they do like to express
themselves once in awhile on the bis
! principles which the country finds
itself forced to adopt for the ef-
| fective prosecution of the war. The
affair will be settled amicably we
are sure in spite Of the fact that Il
looks a. though the people did moi