New-York tribune., 1919-12-18
Rhode Island
Attacks 'Drv'
Amendment
Continued from page I

full powers of self government in all
matters and concerns relating to the
internal affairs Of said state.
And complainant is advised and there
tore avers,' it continues, chat the
Constitution of the United States does
not delegate to the government Of the
united States, nor to the people of
the United States, any power of police
and economy with respect to the in
ternal affairs of the State of Rhode
Island, nor is said power with respect
to the internal affairs OF the State Of
Rhide Island prohibited by said Con-
sututlon of the State of Rhode Island.
put rs expressly reserved to the State
of Rhode Island and to the sovereign
people thereof; and further, that
neither the power Of police and econ
omy with respect TO the internal
affairs of the State Of Rhode Island.
nor the discretion in vhe exercise
thereof. can be bargained away, sux-
rendered. yielded or transferred effecS
ually to bind the people of said state
and their property, If at all, without
an explicit and authentic act of the
whole people Of said state"
Power of Congress Questioned
The bill declares that the power cx-
erclsed by Congress in cnacting the
JOINT resolution pretending to sub
mt the prohibition amendment to the
legislatures Of the states was not
delegated to Congress" by the Consti-
'ution and the exercise by Congress
9f the power to enact such joint reso-
'uton, as aforesaid, was a proceeding
unconstitutional and revolutionary"
continuing with a new argument,
the blll says: "The proposal of the 80
inh
Constitution of the United States, as
aforesaid, is not proposal of an
amendment to the Constitution of the
United States within the intent. pur-
Wow and scope of Article V of the
Constitution of the United States. but
is an unconstitutiona! and revolution
airy proposal to the legislatures of the
several states of revision and addi-
ton to the Constitution of the United
States that is destructive of the fun
damental principle of said Constitu-
tIon and of the government established
thereby under the form and guise of
proposal of a valid amendment to the
CONSTITUTION of the United States and
under the form and pretense of com
plying with constitutional procedure;
and. further, that the proposal Of the
So-called Eighteenth Amendment, for
the reasons aforesaid and otherwise.
was unconstitutional, imperative and
void"
Says Legislatures Exceeded Powers
The complainant declares that in
iurtherance of this form and pretense
Secretary OF State Lansing forwarded
certified copies of the "so-called
amendment" to the governors of the
states and that the legislatures of
three-fourths of the states, "assuminp
a power not delegated to said legis-
iatures by any provision OF the Con-
sttutioN of the United States and in
derogation of the Constitution and
laws Of the State of Rhode island"
enacted resolutions Of ratification.
The bill alleges that Congress and
the state legislatures are representa-
tlves and agents Of the people in pro
posing and ratifying amendments to
The Federal Constitution, and that the
Eighteenth Amendment and it's rati-
fication by the states was not within
the delegation of powers to the people
nor within the power and authority of
Congress and the legislatures, and that
neither Congress nor the legislatures
are Judges Of their respective powers
nor of the limitations thereof under
the Constitution of the United States"
Failure of the Rhode Island Legis-
lature to ratify the amendment is
cited. as we'll as the act of the General
Assembly Of the state directing the
Attorney General to bring the present
proceedings.
Volstead Act Attacked
Reciting the PRONUNCIATION Of the
adoption Of the amendment by Frank
L. Polk, Acting Secretary of State, on
January % last. and as Of the subse-
quent passage of the Volstead measure
the bill says: complainant AYERS that
such portion Of said Volstead act as
relates and applies to the enforcement
Of the so-called Eighteenth Amendment
is unconstitutional and void in 80 far
as the same relates to the manufacture
sale. etc, or possession of any intoxi-
eating liquor within the State Of Rhode
Island Of the making Of any Of said acts
within the State. of Rhode Island a
crime against the United States
Rhode island 4ctiOn