New-York tribune., 1919-03-13
Resolution Directing Al
torney General to Act
l. Sent TO Committee
Saws Amendment
l. Revolutionary
Entire System of Govern
ment Upset; Rights of
States Invaded, Is Plea

PROVIDENCE. March IA proposal
70 have Rhode Island dispute the le-
gality of Federal prohibition was made
in The General Assembly to-day. a
resolution was introduced IN the lower
branch which would authorize the AT
torney General TO take the steps neces
sary to secure promp, determ nation BY
the Supreme Court Of the United States
OF the constitutionality OF the act or
congress IN proposing the prob bitory
amendment
1t is asserted in the resolution tha.
the Eighteenth Amendment does not iu
fact amend eur system OF government.
but instead completely alters and
transforms it., that the amendment
constitutes revolutionary transfer
nation Of the government and that it
is destructive Of the Constitution
The fact that two successive Legislat
ures OF TINS state have refused 30 ratifv
the amendment is stated as further
oreason for the proposed proceedings.
support of Leaders Looked For
The resolution. which was introduced
by Representative Jacob A Baton, OF
this city. was referred to the Commit
tee on Judiciary. Il IS understood thai
1t Will have the support Of leaders N
the lower branch.
The resolution, in part, is as follows.
Whereas, There has been pro
posed by Congress an eighteenth
amendment to the Constitution Or
the United States, which amendment
has been submitted to the Lerisla
lures of the several states and. &C
cording TO a proclamation Of the
Secretary of State. has been ratified
by the necessary three-fourths OF
the states in accordance with the
provisions Of the Constitution or as
United States; -,
And Whereas, the State Of Rhode
Island from the earliest d s Of IT.
history has fought the 6attlo OF
human freedom, declaring by legisls
tive acts its independence Of ,reat
Britain two months before the action
taken by the National Congress, and
compelling the inclusion in the Con
stitution Of the United States of the
first ten amendments constituting
the National Bill of Rights, and has
never failed to take it's stand IN de
fence Of constitutional government
and IN the safeguarding OF American
liberty:
Rights of States Invaded
And Whereas, It believes ths
this attempted amendment Of the
Constitution by Congress has Great
ed the following among other grave
questions Of constitutional rights, To
VII: In that II does not amend the
system of government erected by the
Constitution. but completely alters
and transforms said system, in that
the amendment invests Congress
with police powers in the states
hitherto eXcius .Iely exercised By
them. and thus constitutes rovo-
lutionary transformation of the gov
ernment by reason Of the extension
of the power Of the United State.
and compulsory acceptance by the
states ot q national police rule t0
bee enforced within thcir for1ers
and. p that such an amendment rs
contrary % me spirit and srs-em o.
she Gual form of government erected
by the Constitution and instead Of
being proper amendment ot the
Constitution is destruct tlvc q u;
And, whereas. Two successive
Legislatures Of tee State of Rhode
Island have refused 30 ra- fy said
eighteenth amendment,
Advised as Panacea for Unrest
And. whereas. II Is Of ircaicr
liable benefit alike 70 the state an8
the nation, AS well rs 20 ever
citizen. regardless Of his individusi
opinion concerning the subject o.
prohibition. THAI there should be
prompt. definite and conclusive de-
termination by the highest courts OF
the ISSUES Involved that the pabic
sentiment thus directed into orderly
channels may patiently await the
judicial outcome Of these proceed
ings. and sane submission 20 legal
processes be substituted for dan
gcr0us unrest.
Therefore. he II resolved. that tire
Attorucv Genera of the state ot
Rhode Island be- and is hercpe
authorized and directed in the name
Of the state or otherwise. 20 con-
meacc such suits or proceedings. or
TO take sGca other steps as MAY bo
purpose Of sec1ring as rrosnptv.as
possible determ nation OF the u
preme Court o. the Jnitec state
upon The question - the consfi-u-
tonality OF the action Of Congress
in proposing tho said eighteenth
amendment TO tho Constitution @.
the United Statee."
Rhode Island has been i'm the fore.
front Of the opposition 70 the Federa
amendment said Mr. Eaton to-day.
and We have determined 90 test r..
question: in the highest court OF the
land. We do not agree that the Fed
eral government has the right 10 die
tate policies which Immediately cor
Germ the states themselves. and have
determined to put the question 10 "A
final test
Limit Sought on Dry
District i'm Ipy,upSxce