The Alaska daily empire., 1920-03-12
RHODE ISLAND BRIEF FILED FOR
 PROHIBITION
Text of Case Before Supreme Court to Test Constitu-
 tionality of the Law

WASHINGTON, March 1O.--The eighteenth amendment lis direct invasion of jurisdiction and powers of the state and the rights of it's people, the State of Rhode Island declares, in it's brief filed in the United States Supreme Court here. in reply to the governments mo- tion of the dismissal of its motion to obtain injunction relief from the amendment.
 The brief, filed by Attorney-Gen en- eral Herbert A. Rice of Rhode 1sl- and, asserts that the government S view that the amendment is unas- sailable, can "only lead to anarchy it is the courts duty to keep Con- gross in it's amendments to the con stitution within the scope and jurisdiction of federal authority and maintain that line of division between Federal and State powers which has for so many years in sured the harmonious operation of our dual system of government-or- dained and established as perpet- ual.'
 The theory of the government lis so subversive of fundamental prin- ciples that its acceptance would bring about R constitutional revolu- ton continues the brief "It would convert the sovereignty of the people into a sovereignty of officials. It would endanger civil liberty and those innumerably rights that have. been inherited from the Icommon law since the time of mag ma 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 federal govern ment."
 The brief declares that Article " of the constitution relating to amendments only provides for the correction of errors committed in framing the constitution.
 The proposal of the eighteenth amendment "to the states" the brief assdrts, is unconstitutional .and is a revolutionary proceeding ' Heretofore it declares, Congress has proposed amendments to the leg islatures of the several states.
 It is charged that the. amend ipcnt centralizes authority without the consent of the people of the state and is violation of their sov- iereign rights. The Valstead Act. enacted under authority of the amendment. the petition says, is void.
 ''The different course which was pursued in this instance was adopt cd understanding!y and with a purpose continues the brief. Tt was necessary to. depart from the practice which had always hereto fore obtained, in order to carry out the new constitutional doctrine that the word amendment 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 within the scope of the fed eral constitution was dealt with On the contrary, the power involved resided in the sovereign people of tre respective states and in them exclusively. It was necessary, therej fore. in order to obtain surrender of such power, to propose the so- called amendment to those who pos sessed it.
 Recognizing the necessity, Con gress made the proposal of the so- called amendment to the respective states, that is to the sovereign pow CT of the respective states.
 . "The entire procedure is revo- Iutionary and without constitution al sanction.
 } 'sIt surpasses all understanding that Congress while submitting to proposal to the states declares that their legislatures shall bind them. When, pray. did Congress become the dictator over the sover- eign powers of state with respect to their sovereign powers? Sover- eighty resides in the people and they alone may express sovereign will " -ss