Capital journal. (Salem, Or.) 1919-1980, 1920-03-01
DRY AMENDMENT
HELD VIOLATION
STATES RIGHTS
Direct Invasion Upon Juris-
dction and Powers by Fed
aal Government Charged
N Rhode Island Case

Washington. Mar. 1. - The eigh-
teenth amendment sis a direct inva-
sion of Jurisdiction and powers of the
state and the rights of its people" the
state of Rhode Island declares in it's
brief filed in the United States su-
preme court today in reply to the
goyernment's motion for the dismiss
sal of its action to obtain injunctive
relief from the amendment.
The brief, filed by Attorney Gener-
al Herbert A. Rice of Rhode Island,
asserts that the governments view
that the amendment is unassailbble,
can "only lead to anarchy and OPP
preston 1t contends thar it is the
courts duty to keep congress in its
amendments to the constitution with
in the scoue and jurisdiction of feder-
al authority" and maintain that line
Of division between federal and state
powers" which has 'for so many
years insured the harmonious opera
tom of our dual system of govern
ment-ofdained and established as
perpetual"
Provisions Revolutionary
The theory of the government "is
so subversive Of fundamental princi-
pies that its acceptance would bring
about constitutional revolution, con
tnues the brief.
ut would convert the sovereignty of
officials 1t would endanger civil lib
erly and those unnumerably rights
that have inherited from the common
law since the time of Magma Charta,
Under its application the boundary
between federal and state authority
could be shifted at will. In fact, all
power might be absorbed by the fed
eral government"
The brief declares that article Of
the constitution relating to amend
ments only provides for the ''correc
ton of errors committed in framing
the constitution"
Unconstitutional, Charge
The proposal of the eighteenth
amendment ito the state" the brief
asserts, is unconstitutional "and is a
revolutionary proceeding" Heretofore
declares, congress has proposed
amendment TO the legislatures of the
several states"
Inc dllterent course which was
pursued in this instance was adopted
uhderstandingly and with a purpose"
continues the brief. 1T was necessary
10 depart from the practice which
hau always heretofore obtained, in
order to carry out the new constitu-
uohal doctrine that the werd amend
heht In article V includes proposals
covering the whole field of absolute
sovereignty In the proposal of the so
called amendment, neither a power
nor a subject matter within the scope
OF the federal constitution was dealt
"l'h On the contrary, the power in
vowed resided in the sovereign people
Vi the respective states and in them
iofe, In order to obtain a surrender
ot such power, to propose the so call
eu amendment to those who possess
ed It.
Congress Is Scored
Recognizing the necessity. CON
stess made the proposal of the so call
gu amendment to the respective
s,a'es that is, to the sovereign peo-
PIE OF the respective states.
The entire procedure is revolution
tion.
II surpasses all understanding that
uonsress while submitting the proposal
W 'he states declares that their leg
'Sa'ufes shall bind them. When, pray
au congress become the dictator over
s'e sovereign people of state with re-
sV'e' TO their sovereign powers? Sow
e,e'snty o,y resides in the people and they
'e may express sovereign will"
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