New-York tribune., 1919-02-11
Dry Proclamation
Illegal, Providence
Journal Contends
Polk Statement Is Said to
Have Anticipated Action
of States in Which a
referendum Is Possible

PROVIDENCE, Il. l., Feb 10.-"The
Providence Journal" will print to-
morrow morning q statement declaring
the action of Acting Secretary Polk in
proclaiming the prohibition amend
ment effective and adopted was illegal
and that the proclamation is entirely
void, for the reason that when it was
made thlrty-slx states had not ratified
the amendment. The statement fol-
lows:
The national prohibition amend
ment to the Constitution was promul-
gated by Mr.. Frank Polk, Acting Secrc-
tary OF State, on the 29th OF January
the proclamation stating that it was
eHectlve as of the 18th day of January.
lhe proclamation recited thirtv-siX
states which had ratified the amend
ment as of the latter date. This list
OF states included a number of states
the constitutions of which contained
provisions for referendum of the acts
and resolutions of their legislative as
sSemblles. Among these states we're
Ohio and California.
Experts Agree Act was Illegal
the Journal has consulted some
OF inc best known constitutional law
yer5 IN the United States repardino
thls question and their oninion is
unanimous that Mr.. Polk's action wac
not warranted by the facts and was
illegal. The conclusions reached hv
1hese lawyers in agreeing with the
'Journals' contentious are clear.
Inc constitution of Ohio provides
1haI any act OF the Legislature NAV.
upon inc petltlon of a percentage Of
ene voters tiled within ninety days
alter the adjournment Of the Assem-
bly,, be submitted to the vote of The
people, either at the next general cleo
ton held after the filing of the peti
tlon or at special election, if one
be called by the Governor.
ms provision has been before the
courts of the state and the Supreme
Court of the United States, and it has
been held that the people of Ohio,
under this provision, arc a part Of The
Legl lslature, and with the General AS
HSemply constitute the Legislature of
ONO. An amendment of this provision
to the state constitution was adopted at
the general election in 1918, under the
terms Of which ratification by the As
sembly of a national Constitutional
amendment may be subjected to a
referendum under the some terms as
any other act Of the Assembly,
Law Clear in California
an California the right os the pco-
pie to subject the ratification of the
national an.endment to their accent
ance or rejection is quite as clear as
III the State Of Ohio.
I'm several of the other states listed
as having ratified through their state
Assembly, the proprety of referen-
dunn is clcar.
In view of the fact that the Revised
Statutes Of the United States provide
Tor report by the Secretary of State
OF national constitutional amendments
proposed by Congress to the several
states, and for return to him of their
action thereon; and in view of the
TACT That the Secretary of State alone
can furnish definite statement of
the time Of ratification, so the states
or the Union and the people of the
Onlted States may know when an
amendment has been duly placed in
the Constitution, it is obvious that a
proclamation containing within it's
own terms the evidence of its defects
is null and void
The situaton' now is that the
Secretary of State has made. and is
now standing on the proclamation de-
clarlng the ratification of an amend
iment as OF stated date, when the
list OF states which he recites contains
the names of states which not onlv
had not completed ratification as Of
that date, but on the contrary
were IN the very process of going about
the ilnal ratification or rejection"