The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1919-02-22
DRY AMENDMENT
THOUGHT SECURE
SAYS NICHOLSON
Cannot be Overthrown He
Declares Says U. S. Senti-
ment is Dry.

S. E. Nicholson, who is at his home
in this city for a few days, discussed
today the efforts of the liquor men,
and their sympathizers to overthrow
natinoal prohibition. Mr.. Nicholson is
secretary of the National Auti-Saloon
League, and for the past fourteen
months has been assisting various
state leagues to secure ratification OF
the Federal prohibition amendment.
He is now helping secure proper law
enforcement legislation in congress
and in the various states.
1T was to be expected" said Mr..
Nicholson, to a reporter today, that
every known means would be resorted
to by the advocates Of Aquor to de-
feat the Federal prohibition amend
ment in the courts. That the United
States Supreme Court will finally pass
upon numerous points to be raised is
not doubted"
What about the efforts of the dis
fourteen states upon the amendment
question:" he was asked.
10 Part Of Constitution.
"No doubt the attempt will be
made" said Nicholson, "but two
l
Federal constitution states in definite
terms the precise manner OF adopting
amendments. When an amendment is
properly submitted BY congress, and
when it is ratified by three fourths Of
| the state legislatures, 1t becomes a
i, part of the constitution. The liquor
| theory is that in fourteen states which
have the referendum, an act of legisla-
ton is not complete until 1t has been
submitted to popular vote, situation
| which was unknown to the trainers OF
the constitution.
| 'If the contention of the liquor men
is sustained, the Supreme Court will
have to say that legislature is not a
legislature within the meaning OF the
constitution, but that the persons
[ elected to what we call the legisla-
ture, plus the voters of the state, con-
stitute the legislature. The theory is
so far fetched that few people expect
| the Supreme Court to make any such
declaration The term Legislature
| has a fixed meaning and fixed status
and undoubtedly is the agency re
ferred to specifically in the constitu
| ton.
"If the theory of the liquor men is
correct then the 18th and 18th amend
ments providing of the election o1
United States Senators by popular
vote and for the income tax have not
yet been fully ratified and therefore
are not in effect.
Would Welcome Referendum.
"But if the Supreme Court should
sustain the contention of the anti-pro
hibitionists, attention should be called
| to the fact that twelve of these four
teen states are now under state prohi
bition, and of these at least ten have
had one or more referendums on the
qutstion resulting favorably to prohi
bition. With only New Jersey, Con
necticut and Rhode Island failing tC
ratify pennsylvania is practically
sure to complete it next week., ever
if the drys should lose four of the
fourteen states in case a referendum
were ordered, the situation seems tt
be hopeless for the "wets," for, in ord
er to win they would have to secure
ten of the fourteen.
THE supporters of prohibition
would have welcomed general refer
. endum on this question, if it coult
have been had constitutionally, for i
is their confident belief that if sub
mitted to universal poll of the natio1
prohibition would have won by ma
. jority exceeding 100000 of the popu
lar vote.
Defined BY United States.
; "The only other serious contention
, of the "wets" is that the amendmen
; was not properly submitted. because
it did not secure in the house two
thirds vote of all the members elected
to that body. This has been settled
however, by the Supreme Court, in ;
case involving a constitutional two
thirds majority. and the court salt
that "twothirds" meant two-thirds o
. those present and voting, quorum
: being present.
: 1.-The latest attempt to evade tn
amendment is the suggestion tina
!. each state can define "intoxicatin,
, liquors. and permit three>or four pc
cent. beer. The government STANDARD
! is one-half of one per cent alcohol, AM
. the opposition has evidently over
looked the fact that state law whicl
| is at variance with Federal law is un
! constitutional The beverage liquo
traffi evidently will soon be matte
. of history in the United States.