Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1920-03-11
18TH AMENDMENT
IS UNDER FIRE
Rhode Islands Attack on Con-
stitutional Prohibition Is
Argued Before U. S. Supreme
Court

Washington. March S.--R II o q @
Islands legal attack on the prohibition
amendment to the federal constitution
was argued in Supreme Court to-day.
The amendment was assailed by the
compla inant as revolutionary and an
invasion of States rights, and defended
by the government as n legitimate ad-
dition to the nations basic law over
which the court held no jurisdiction.
Herbert a. Rice, attorney general of
Rhode Island. opened for the opposition
and william L. Frierson. assistant at
torney general of the United States re
piled for the government other arsu-
ments will be heard tomorrow. as we'll
az appeals from Kentucky and Massa-
chusetts involving the same questions.
Mr.. Rice charged there was in pro-
gross constitutional revolution
through amendments"
II see more danger in tho doctrine
urged by the government than any doc
tfne urged by the demasogues during
the World War" he said. The rights
assured the people under the tenth
amendment were never intended to be
taken away"
Mr.. Rice argued that the prohibition
amendment resulted from a misconcep-
ton of the law by Congress and that
the federal government had no author
ity to make such a change in the con-
stitution as the amendment provides
Declaring that amendment means a
correction. He said the terms OF the pro-
hibition amendment are clearly outside
the purvicw of the constitution.
What about the 18th amendment
abolishing slavery?" inquired Justice
Pitney.
That was a compromise amendment
and corrected error in the constitu-
ton" answered Mr.. Rice.
Justice Brandeis asked what power could
bring about the conditions imposed by
the 18th amendment.
There is no power in the United States
Constitution to make such a change I'M
less it could be done by unanimous con-
sent of the States and the people of the
United States" Mr.. Rice said There is
no power and there was never intended to
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 Mercy
nolds asked.
Yes replied MIR. Rice. but it was A
police power to regulate
Mr.. Rice told the court that the 18th.
18th and 18th amendments were written
in the constitution by force" and not
with the voluntary assent of the southern
States.
Assistant Attorney General Frierson
argued there was nothing revolution
AIRY in the adoption of an amendment
that lays down a fundamental rule
of law" that applies to all States.
THE case does involve the question
as to whether a State can come into
a federal court and enjoin the en-
| forcement of criminal law on the
ground the law is unconstitutional"
| he added. Il have never understood
this court, at the instance of a State.
| could be constituted into a forum in
| which to debate the respective poll
teal rights of the two governments. If
| that is the case any State can come
| in an do that before the property
| rights of individual citizens have been
| injured. We have here the bald ques-
| ton as to whether a State can invoke
the jurisdiction of "a court to protect
it's citizens. who are citizens of the
! United States from orderly prosecution
| in the courts of those citizens who
| have violated an act of Congress"
| The court granted permission for the
filing Of briefs by Charles E. Hughes
on behalf of "a States and by Wayne
b. Wheeler. general counsel for the
Anti Saloon League of America sup
porting the amendment and by Elihu
| Root in opposition to the amendment
| on behalf of the United States Brew
ers Association.