The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1920-04-30

ner, still insists that the eighteenth
amendment was adopted exactly as.
were all the others and that, there
fore. Is nothing the matter with 1t.
That disposes OF the whole matter
In q way that ought to save Rhode
Island and other litigants a whole lot
OF trouble In showing to the supreme
court that the amendment is not
proper one to attach to the constitu-
ton.
The Banner says that as the amend
ment was adopted according to the
rule laid down in the fifth article, the
matter Is settled. forgetting that the
tenth amendment stands suuarely in
the way OF such an Interpretation of
the constitution.
Mechanically, we can concede the
eighteenth amendment was adopted
Just as others were. but what the Ban
ner overlooks is two things, the mean
ing, or the word amendment and the
tact that there were some things the
states specifically reserved to them
selves which cannot, in good consci-
ence, be taken from them without
their consent, and the thing with
which the eighteenth amendment
deals is one of them.
Amendment, we might suggast IN
the Banner. means that the things
spoken Of, dealt with, in the constitn.
tion are subject TO amendment, With
the exception of the fourteenth and
the iirst ten, which are really a bill
OF rights, there is no amendment but
mas reference to something mentioned
IN the constitution. and thus subject
10 amendment. Look up the wore;
IN the dictionaries. especially the law
dictionaries, dear Banner, and learn
something.
Inc tenth amendment specifically
provides for the reservation to the
states OF the powers not mentioned
In the constitution. The eighteenth
amendment would and does nullifv
tnat amendment, opening the door to
the Selling by the federal goyernmnt
OF all the powers of the states and
leaving no reserved rights, whatever.
OF the states or to the people.-Miami
Herald. ma
While We do not propose to sit at
the feet of this Gamaliel for either IN.
struction in constitutional interpreta-
tons or inspiration for what is
democracy. since he so lovingly press.
ed Senator Reed to his bosom, who
has since been repudiated by the loyal
democrats OF his home district, we
have nevertheless looked ND the
meaning of the word amendment"
Webster gives the following, among
other things, as its meaning:
Improvement" correction ito
alter a law by amendment" ito
change for the better.
This Gamaliel win do well to ponder
these definitions.
Article ten OF the constitution reads
as follows
THE powers not delegated to the
United States by the constitution, nor
prohibited by 1t to the states, are re-
served to the states respectively, or to
the people"
This article is itself an amendment
to the constitution. Taking the def
milton as cited by our Gamaliel what
particular section of the original con
situation is amended by it?
1t Is impossible for state, when q
great majority of its people desire 1t,
to part with any of its reserved rights?
For example:
For long time it was held that
among those reserved rights was
that each state was to care for it's
own internal Improvements including
its rivers. its harbors and its roads.
Was 1t wrong for them to shift this
responsibility on to the shoulders eff
the general government as those inn
provements' more or less benefited
all the states.
SO the federal government is aiding
in building railroads. surface roads.
canals. and i'm the Improvement of our
rivers and harbors.
As we have said on another occa-
sion II the states had not parted with
some OF their reserved rights it
would have been impossible to have
ever formed more perfect union.
In times of peace as well as in
times Of war there are certain things
essential for the public welfare.
Prohibition Is regarded as one Of
those essential things.
Viewing II as one Of those rights
PRESERVED to the states or to the peo-
Pile" Il was taken to the people and
discussed as no other subject and in
obedience to the fifth article of the
constitution has been endorsed by all
the states but two.
Hut IT'S ratification does not take
away from the states all their sover-
eighty as Is attested by our munich
pal. county. state and supreme courts
still being in active operation.
We shall continue to have our may
49, &..A-nm hol u onx.