New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1919-02-23
Beck Asserts Home
Rule Tenet Is Hard
Hit by Prohibition
Former Assistant Attorney
General Says Impairment
May Be Fatal; Declares
Constitution Is on Trial

CHICAGO, Feb. 22-opposition to
the prohibition amendment was voiced
here to-day by James NJ. Geek. former
Assistant Attorney General Of The
United States, in an address =, ,he
asnlngton's Birthday celebration.
1Voluuonary changes in the life Of
the republic have made certain adan+a-
lions and amendments to me constitu-
ION necessary, he said, but he aryu.1
mat PUBIC sentiment mast be kent
alive to the fact that it's bas;c Iau.s
must not be radically changed Dis
cusslng the prohibition amendment no
said: nc
Whatever our opinions may be as 10
statutory prohibition, no ,alr minda /
man can question that in tae adoption
OF the eighteenth amendment if in.
oeea, II mas been legally adopted, the
lrinciPle o. nome rule has suffered a
serious If not fatal impairment.
Nowhere in the constitution is the-e
the slightest trace of purpose on IN :,
part of the Fathers to determine nu.s-
tlons of individual morality CIR person al
habit. pN1 IVA -
In country of 100,00O,0OO people it
IS, IN my judgment, hazardous expert
ment to impose by a rigid constitu-
tlonal amendment a doubtful princiola
q morality which offends the pride Of
in dividual liberty. regard the adoo-
ton OF the eighteenth amer dment sas
the destruction of the principle Of
home rule, and, as such, the deadlicsc
menace to the perpetuity of the repub-
Tic that has arisen in the last half
century"
THE Constitution, Washington's sus
preme achievement, is on trial" Me-
Beck declared.
1T cannot be question: !"
he said at one point in MS address,
that If the principle of the initiat.,
and referendum continues to gain faith
representative government will
be greatly impaired, and, rs a principle.
wholly destroyed. For those who solace
themselves with the thought that this
gives more effective expression to the
Vail of the people, it is we'll to remem-
Der that, in many referendums. it is ..
minority Of the people generally rhs
proponents of some startling ;nnova-
tion-who triumph at the DOLL; through
the failure of the opposition TO exercise
the right of franchise"
The recall of judicial decisions
would, if ever generally adopted, he as
serted, mean the potential destruction
Of all constitutional limitations.
The principle of an independent ju-
dietary he called "the na,ance wheel
of the Constitution" The recall of
judges, he said, was obviously fatal to
such independence.
Mr. Beck declared that nothing ex-
cept the principle of home rule was of
deeper concern to the trainers of the
Constitution than the principle of a.
concurrent power of the Senate and
the Executive over the foreign rela-
tons of the government.
when, therefore," he said "the Con-
stitution made necessary the advice
and consent of the Senate something
more than mere ratification of an ap-
polntment or of treaty was in con
temptation. The word advice clearly
meant cooperation with the Executive
IN an advisory capacity before a con-
clusion was reached and the nation,
to some extent, morally committed.
"Current events show that the SEN
ate has not abdicated its great duty
under the express language of the
Constitution. I have no wish to COM
mept upon any current issues, as this
is a patriotic gathering where | would
not willingly offend the susceptbilities
of any one; but | trust | may respect
fully dissent to the Interpretation of
the Constitution which have just read
and to express my own qualification
that President Wilson has indicated
his wish to submit the most momentous
treaty ever proposed to the American
people to- the consideration of the