Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1919-12-18
LITTLE STATE DECLARES
RIGHTS ARE INVADED
Attacks Validity Of Forty-Four
Legislatures Ratification Of
National Prohibition.
FEDERAL POWER IS ASSAILED
Authority Of General Government
Under Constitution to Assume
Police Power Denied, States Legal
Officials Holding 1t Reserved Right.
POWER is AssAILED
[By Univer,al sery,ce1

WASHINGTON Dec. 17.-Further er
proceedings to invalidate the national
prohibition amendment were begun
before the Supreme Court today.
The State OF Rhode Island. through
Its Acknowledgement. Herbert a. Rice,
filed motion with the court asking
permission to bring in an origina,
suit to test the legality of the amend
ment. and the Volstead enforcement
legislation.
In its bill OF complaint the State
defines the amendment as unconstltu-
and requests that Attorney-General
Palmer, and Daniel c. Roper, commits
sioncr of internal revenue. be enjoined
from enforcing it in Rhode Island.
The general features of tho motion
resemble proceedings that were insti-
tuted in tho Supreme Court yesterday
by the I.tail Liquor Dealers Associa-
ton Of New Jersey. declaring the
sion to bring an original test suit
Says Final Power With People.
Both applications make the point
that the final ratifying power OF a
constitutional amendment rests with
the people. and that the State Legis-
prohibition amendment without sub
mittinE it to referendum usurped
that power.
Added Significance and Importance
ever. by the fact that a State itself
is questioning the authority Of the
Federal government TO declare an
amendment effective when. it is main
The States bill recites the history
OF Rhode Island from its settlement
in 1896 to the time 1t become part
OF the United States by its rattica-
- l,A ncbt ttrtts -, tn
ratification. the bill sets forth. was in
good faith, and with full assurances
that the said State and people thereof
,rclinduished only .sueh4-r portion or
essential FOR the creation and sesi
tablishment OF a limited national gov
eminent"
Denies Federal Power.
The bill denies that the Constitution
delegates to the Federal government,
the power OF police and economy with
respect to tho internal affairs OF Rhode
Island. That power 1t is maintained,
is expressly the function of the State.
and cannot be surrendered without
'an explicit and authentic act" OF the
whole people OF the state.
a further complaint is made that
the prohibition amendment is direct
violation OF Article V. Of the Constitu-
it's authority i'm enacting a joint re-
solution 10 submit the amendment to
the State Legislatures for ratifica-
ton. Further misuse of power is
charged to the state Legislatures in
assuming 10 approve the legislation
without submitting IL to the people.
"Misappropriation OF Authority"
AS result OF this gross misap-
propriation Of authority" the COM
plainants declare that the State Legis-
latures forwarded certificates to Wash
ington Illegally and enormously set
ting forth" that the prohibition amend
ment has been adopted. This pro-
cedure. they contend, was obstructive
OF the fundamental principles OF the
Constitution" and the certificates o.
ratification thus transmitted are "un-
constitutional. inoperatiye and void"
A decision by the Supreme Court
on the application OF Rhode Island as
Well as that OF the New Jersey Liquor
Dealers Association, is expected on
Monday. This will be the last day
on which the Supreme Court will
render decisions before the Christmas $
recess, which continues into January.
For that reason and with the date
when national prohibition becomes ef-
fective. only few weeks distant, the
court is expected to hand down an
early ruling.