The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1919-12-23
RHODE ISLANDS, UNIQUE SUIT,

sfNF course in ordering the government, which in this
~ case means the Department of Justice to show
cause why the State Of Rhode Island should not be per-
ited to begin suit to determine the conshtulonay OF
Il specified constitutional amendment the supreme court
not necessarily imply that it thought this action pos
sses any merit in ITSELF Nevertheless, the action OF the
or IN This matter will set not only lawyers but all who
Ibe basis Of the Rhode Island action that the Eig-
zenith or prohibition amendment is violation of the fed
compact in that it takes away from the state OF Rhode
Island some Of the police powers which, according to the
eory Of The Rhode Island lawyers. reserved to the
ates bv The terms of the Tenth amendment to the Con-
siudon.
We shall know more about that after the question has
een argued and passed upon by the Justices but IN the
time the progress Of the issue ought to arouse more
an perfmctory attention the part OF the lawyers OF
ihs state Having ratified the Eighteenth amendment we
perhaps do not have the interest IN how Tar tnat
particular amendment does in state that has mol
Saihfed il but we are interested whole lot In how much
ibe Federal authority mpnges upon the police powers
M the several states.
polce power is something that the Federal government
exercise without the consent of the states then the
scno the state of West Virginia over the corporations
Engaged in producing and selling natural gas in this state
complete and the states of Ohio and Pennsylvania might
Is IS well withdraw the suits they have instituted IN the
uprsme court on the plea that the police power which the
ate IS attempting to put into through the StePtoe
amendment 10 the act creating the West Virginia PUBLIC
Service commission nterferes with interstate commerce
Mich the high court has often said is almost absolutely in
control Of congess-he only exception in long line
decisions to that effect being the which nvalidaes
Child labor act And Significantly enough the reasons
ysn for that adverse decision strengthen the presumption
there are some rights with which the Federal govern
isnt should not be permitted to interfere.
The 6sst step in the solving Of this new problem OF con-
tuEonal Interpretation will be the answer of the Depart
ief Of Justice to the rule handed down yesterday 1t is
The habit Of men of the law to go any further than they
live Is in such matters If the governments attorneys
5t find way to prevent Rhode Island from SUNG they
5ouI do that and trust the question never would arise
yam But is going to be hard and may be mpOs'
for them to do that The Supreme court has already
1896, ruled that the Government of the United States
n sue state, and it probably would be conceded thai
iits IS right that both parties enjoy.
Assuming that the states do have right 10 sue, the
step viii be to take look at the merits Of this par
aT contention, mad the first thing the investigator ind:
hat this Is not the first tune effort has been made &c
iss The point at the Federal government had attempted
exercise police power which has not been delegated so
United States, but is reserved to the several states OIL
b peope That was the basis Of the attack upon the