South Bend news-times. (South Bend, Ind.) 1913-1938, 1920-03-09
CROWD HEARS
ARGUMENT ON
U. S. DRY LAW
Rhode Island Opens Attack
On Legality of Prohibi-
ton Issue.

WASHINGTON, March S.-Rhode
Islands legal attack on the prohi-
bition amendment TO the federal
constitution was argued in the su-
preme court Monday, assailej by
the complainant as revolutionary
and an invasion OF states rights.
and defended by the government as
q legitimate addition TO the nations
basic law over which the court held
no jurisdiction.
Throngs attended the session Of
the court TO hear the arguments on
one OF the burning questions Of the
day. Many persons waited outside
the doors throughout the morning
TO obtain admittance.
Rice Opens Opposition.
Herbert a. Rice, attorney general
of Rhode Island. opened for the
opposition, and William i. Frierson.
assistant attorney general OF the
United States. replied for the gov
eminent Other arguments will be
heard tomorrow. as well as appeals
from Kentucky and Massachusetts
involving the same questions.
Mr.. Rice charged there was in
progress a constitutional revolu
ton through amendments"
L see more danger in the doc
trine urged by the government than
any doctrine urged by the dema-
gogues during the war, he said
The rights assured the people un-
der the 10th amendment were never
intended 10 be taken away"
MiscOnccptiOn OF Law.
Mr.. Rice argued that the prohi-
bition amendment resulted from a
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gress and that the federal govern
ment had no authority TO make such
a change in the constitution as the
amendment provides. Declaring
that amendment means a correction.
he said the terms Of the prohibition
amendment are clearly outside the
purview of the constitution.
What about the 18th amend
ment abolishing slavery" inquired
Justice Pitney.
THAT was a compromise amend
ment and corrected an error in the
constitution" answered Mr.. Rice.
Justice Brandeis asked what pow
er could bring about the conditions
imposed by the 18th amendment
Unanimous Consent.
There is no rower in the United
States constitution to make such a
NAAfAA4-t A4AAtHc II EOulu pG 0tAlt Dy
unanim Gus consent of the states and
the people of the United States. ="
Mr.. Rice said. There IS no power
and there was never intended 20 be
such power for encroachment by
the federal government upon the
powers of the states"
Wasn't slavery supported by the
police power Of the states" Justice
McReynOlds asked
Yes" replied Mr.. Rice, but Il
was a police power 10 regulate"
Mr.. Rice told the court that the
18th. 14th and 10Th amendments
were written into the constitution
by force" and not with the vOlun-
tary assent Of the southern states.
Assistant Atty. Gen. Friersou ar
Cued there was nothing revolution
AIRY i'm the adoption OF an amend
ment that lays down a fundamental
rule of law that aprlies 20 all
states
The case does involve the ques-
tlOn as 10 whether a state can come
into "a federal court and enjoin the
enforcement OF "A criminal law on
the ground that Il is unCOnstiutiOn-
al" he added. Il have never un-
derstood this court. q Z the instance
of a state. could be constituted into
a forum in which 20 debate the re-
spective political rights Of the two
governments If that is the case.
any state can come in and Go that
before the property rights Of the
individual citizens have been in
jured. We have here the bald ques-
ton as TO whether "a state can in
woke the United States from orderly
prosecution in the courts Of those
citizens who have violated an act
of congress