Omaha daily bee., 1919-08-19
District Judge at Lincoln
Holds Act of Legislature
Not Final Until Approved by
Voters at Election.
SECRETARY OF STATE
MUST ACCEPT PETITIONS
Gives People of State Chance
to Lead Fight for or Against
Prohibition; Appeal Will Be
Taken to Supreme Court.

Lincoln. Neb., Aug. 18.-Appeal
to the state supreme court will be
taken from the decision of the dis
trict court today holding that the
action of the Nebraska legislature in
ratifying the federal prohibition
amendment Is not final until it has
been approved by the voters of the
state at the next general election.
THIS was announced late today at
the office of Secretary of State D. M.
Amsberry.
Judge w. M. Morning of the Ian
caster county district court granted
writ of mandamus directing the
secretary of state to accept and file
petitions for referendum on the
legislatures ratification of the
amendment. Application for the writ
was made recently by John H. Hop
kins, an attorney, after the secretary
had refused to accept and Hle the
petitions on the ground that the leg
islature's ratification was not refer
able under the states initiative and
referendum law.
Nebraska's legislature ratified the
amendment January 10, last. 1t was
the 36th state to ratify, aud at that
time was said to have furnished the
requisite number of state endorse
ments to make nationwide constltu-
tional prohibition effective.
Would Kill Ratification.
The opinion, written by Judge
Morning. said that if the electors at
an election disapprove Of the legis-
lature's action the ratification be
comes null and void"
Contention by the secretary of
state that only the state legislature
has the power to ratify amendments
to the national constitution and that
the action of that body, no matter
in what form in ratifying such
amendments, is final, was overruled.
In this connection the court said:
Il am of the opinion that the word
legislature as used in Article V OF
the constitution of the United States
means the legislative body or power
of the state, and in states where the
people have reserved the power to
order 4 referendum upon legislative
action the people are part of the
legislative power of the state and are
within the meaning of the term leg
islature.
The decision, if upheld. means
that the people Of Nebraska
have a chance to lead the ma
tons fight for or against prohi-
bition. If the people of the state
in a referendum declare themselves
against prohibition, and enough
other states are secured to bring the
total number of states favorlng pro-
hibition down below 60, prohibition
of the,nation automatically would be
nullihed.
Wouldn't Accept Them.
Hopkins first tried to file a petit
ton against the state prohibitory
demanding a referendum
by the people on prohibition. The
secretary Of state at that time re-
fused to accept the petition, de-
claring then that the state could
not have a referendum on the pro-
hibition question because it was an
act of the state legislature covering
an amendment to the national con-
stitution.
The secretary of states decision is
reversed by the ruling of Judge
Morning. and liquor leaders declared
today that the decision was an indi-
cation that other states would fall
in line.