Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1919-11-03
DOUBT OVER ADOPTION OF
DRY AMENDMENT EXISTS
Forty-Fivo States Have Ratified
Measure but Action May Be
Reversed by Popular Vote.
DECIDE TOMORROW IN ONO
Effort Will Be Made ut Polls by
VETS to Nullify Approval Of
Amendment by State Legislature
and to Revive Liquor Issue.
ny j. FREDERICK EssAny.

WASHINGTON. Nov. 2.-Altbouph
IortS-hVe State Legislatures have ratt.
hcd the eighteenth, or prohibition
amendment to tho Federal Constitu.
ton. the necessary three tourths hay-
ing been officially recorded on jam.
airy IT, 1919. 1t is still u debatable pro.
position whether that amendment n
the organic law las been duly adopted
and whether Il will become operative
on January 16, 1920.
Should the action OF ten OF the State
Legislatures which have voted for
ratification be reversed by means OF
popular referendum, the amendrn en-
would be nullthcd and the nation would
constitutional. rs distinguished from
statutory prohibition. IL concerned
Inc mos. Important phase of this
time an effort viii be made bs. the
vets to negative the action OF the Ohio
Legislature upon the question of rati-
is sustained by she United States SUI
premc Court, prohibition as an issue
may be wholly !esurrcctcd.
Legislature Ratified Measure.
The Ohio situation is this: The Leg
islature OF that State WAS one Of tho
thirty six which ratified the amend
ment. The vets almost Immediately
invoked referendum proceedings 10
orerturn the action Of the Legislature.
legal fight took place in the Ohio
courts and the Supreme Court Of the
state finally ruled that upon petition
OF $4,000 citizens the Legislatures ac-
ton would havo to he voted upon. This
petition was duly filed with tho Score
tary of state. and tho question now
appears upon the Ohio ballot.
Meantime the d-ys have appealed the
ease to the United states Supreme
D. ttt hnf .tl
upon it, before the Tuesday election. II
has not even been heard by the court
or set for argument, and because the
highest court has given no opinion
without knowing whether or not their
votes Will count one way or the other
In the final decision.
But 4 tremendously interesting situa-
ton would develop If the citizens OF
Ohio should reverse the action Of their
Legislature upon the question or rat,
iicatiun and IL the Supreme Court
should hold that their action is valid
In the first place. according TO counsel
for the vets, tho United states Secrs-
tary OF State would have TO issue a new
proclamation, declaring the eighteenth
amendment ratified and would have 10
substitute one OF the States which rati-
tied subsequently TO January ID, 1919
for Ohio. which. as already stated, was
whose action WAS the basis for the
first proclamation. And these same
lawyers contend iha, the amendme nj
would no, 20 into effect until one year
nation, which would be year from
some future date yet untixd.
Dry Leaders mt work.
That the dry leaders are deeply
concerned over this possibility is In
d!cated ~ the frantic EFFORTS which
they arc making to secure majority
in the Ohio election supporting the
action Of the legislature. William J.
Bryan few days ago made public
arpea inc Finas s". yeto na Of
enforcement act, saying that failure 10
do so would have an important bear
ing upon the Ohio situation. James
a. White. the Ohio Anti saloon League
saying:
The drys are awak. TO the fact
that II the United states Supreme
Court sus,ains the Ohio Supreme Court
General Assembly In ratify!ng the Fed
eral prohibition amendment is subject
TO referendum, and that II ten States
out OF the fifteen having the initiative
ratify. national prohibition vii! DC de-
feated."
II the citizens OF ten of the forty;
tive States express tne!r uisapprovd!
OF the ratification resolution. aud II
their action is sustained by the United
States Supreme Court. then only
tciirty-ive will have legally ratified
the measure. and, IT having failed TO
receive thrce-fourths OF The forty
eight States, the eighteenth amend
mcnt will have been rejected.
Odds Seem Against VETS.
1t must he admitted that the odds
are against the vets in this particular
speculation. This is indicated by the
roll call of tile hfteen States which
have the Initiative and referendum
They are Michigan, Ohio. Missouri
Arkansas. yy SeW MEXICO GoIorado, Ne
vada. Maine. Oklahoma, oregon. Utah
and Idaho. The referendum proceed
ings have been thrown out in Oregon
Ctah and Idaho already and no APP
Zeal has been taken in any OF u,
three cases to the United States su-
lions had been flied in seven Of
necessary ten States, and were being
circulated for signatures in several
others.
The most which the vets actually
nope foreis a favorable verdict from
the supreme Court sustaining that
verdict. The first half of this ques-
ton Will be answered when tLe
is counted on Tuesday. For the an
swer 10 the other half all interests
Will have to await the pleasure of the
legislature. the referendum fight will
be about 90 per cent over, and If the
court sustains the dry contention, the
hight will be 100 per cent over. But
ii both tie people and the court go
against the prohibitionists, there is a
prohibition will be deferred for an
other year or more
defeated by refcrenda in nine other
States.