The Bridgeport times and evening farmer., 1919-01-24
VOTE NOT LEGAL,
 SAYS s. c. LOOMS
Secretary of Science Asso- citation Questions Rati1-
 cation of Amendment.
REFERENDUM STATES
 MAKE THE PROBLEM
Fifteen of These to Make Complications Court
 Eaecision Necessary.

New Haven, Jan. 24.-The con tention is made by Attorney Seymour c. Loomis of this city, secretary of the American Association for the Adj vancement of Science, that the vote on ratification of the federal pro hfbition amendment in many of the states is not legal. MT. Loomis dis cussed the legal and constitutional aspects of the proposed prohibition amendment to the federal constitu- ton today.
 ''Of the states that have adopted the federal amendment" says Mr. LOomis. there are fifteen which still retain legislative power and can have the referendum and the vote may be changed. The action of the legisla- lures has not completed the action of the states and in order to complete it the subject matter must be referred to the people. If the people vote differently the action of the legisla- ture Is reversed.
 'The Connecticut constitution does not provide for the referendum in such matters as the constitution was passed in 1878 before the days of the referendum on such matters. There Is no referendum in Connecti- cut on such matters as this, unless the legislature wishes to consult the people. In those states where the constitution does not provide for a referendum 1t is competent for the legislature to seek advice of the peO- pie on the subject involved and post pone ratification or non-ratihcation until after such vote is taken.
 According to the resolution sub- hitting the amendment to the states, the states are allowed seven years in which to pass the act after fully con sidering the subject and taking such advice as the members of the legisla- ture deem best. In those states where the referendum is omitted by the re- spect1ve constitutions the legislature action is not completed until after the referendum has been had and the people have voted on the subject. A vote by the legislature of those states referred to Is not complete until the referendum is completed. It is some thiing like an incomplete vote of our general assembly when only one branch has voted in favor of a cer- tain measure and the other branch has not voted on 1t at all, or there has been disagreeing action between the two houses.
 Another illustration: If both houses had passed the resolution and 1t was vetoed by the governor, and there was no proper vote by both houses everything it, the veto held. The federal constitution was adopted fin 17H7, before the days of referen- dunn, in respect to legislative mat ters. Legislatures must have plenary powers to act on such matters for the states or for any reason the leg iflature acts Illegally. 1t Is not such action as is contemplated by the fed eral constitution.
 x Tt Is perfectly competent for state to put into It's constitution a modification of legislative power just the same as the state provides for an appeal from a judgment of probate courts to a higher court; if the pro- bate courts original judgment is re- versed the revised Judgment, and not the original judgment is the judgment of the probatec ourt.
 z Tt is stated by those in favor of the prohibition amendment that states have no power to change the federal constitution except by amend Tneht, which, of course, is true, but this ratification by tho states is not a fedeFal matter; 1t is a state mat ter.
 ~There are fifteen states whose leg islatures have apparently ratified the proposed prohibition amendment. Citizens of those states are prepared ko proceed to have a referendum in Accordance with the constitution and the laws of those states.
 The practice ana procedure differ Somewhat but fin all of them the Legislature has no power to pass a vote without 1t being subject to ref crendum, when that remedy is prop erly sought by the citizens of that state. It is therefore clear that there has been no ratification voted in thir- 2 ty-six states. The courts will be asked to pass on these points in or der that there may be binding de- cions made on this new but very i'm portant subject now up for the first lime"