Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1920-03-30

! lation made under color OF an
! amendment affecting personal
iriehts II its validity was upheld.
he said the effect would be that
the court recognized in addition 10
the legislative powers OF ronGfess
iand the states. u third legislative
! power. enactment Of legislation 10y
consent of three-fourths of the
states, which, he said, would be "a
perversion not only of the word
but of the whole tone of the con-
fstitution."
ut IS Of little consequence" Mr..
Root said, IF there he or be not
prohibition in this country. 1t is
OF vast consequences, however. that
your honors now decide rightly
and for the good Of our country in
the future if there are to be any
limits TO the power Of amendment
and where the line of limitation {,
Ito be drawn.
II insist that your honOrs are
not at liberty to put a construction
on the power to amend that viii
overturn that fundamental chai-
acter of this government uuless the
language of the article is too plain
to admit a question"
Mr.. Root argued that the original
bill of rights on which the federal
constitution was founded would be
swept away if the amendment were
sustained and laws enacted as con-.
stitutional amendments Woull be-
made superior to other laws III $
would mean, he added, that I'VE
are not > government of limited
powers because there is a legisla-
tive body that is not subject to
those limitations"
Ro1t Outlines Two Plans.
Replying to an inquiry by Asso-
ciate Justice Day. Mr., Root said
that only two ways existed to insert
prohibition amendment i'm the
constitution, to transfer power TO
regulate liquor traffic to congress, /
as was done regarding interstate
commerce, or to call a convention /!
to propose amendments on the /
same authority as was done for the |
original constitution.
Il contend they have not put that |
power into the hands Of the amend !
ing authorities" he said.
Attorney General McCran con- |
tended that the amendments was |
legislative in nature and revOlu-
tionary in character and was not
by two-thirds Of the mem
bership of congress not ratified by
threo-fOurths of Tho states, owing
to referendum provisions in various
state constitutions,
h., Inh hale Ia
Friorson reiterated arguments made
in the Rhode Island case that the
question Of the amendments valid
.ty is not Unsuitable. The eight
zenith amendment could have been
Inserted IN The original constitution
md for that reason he said. he
could not see the force Of argu-
nents that it cannot DO inserted
by amendment" It's effect. he
sai6, was merely to give congress
to enforce prohibition.
Another prohibition case reached
he court today with the filing of
appeals by the 81. Louis Brewing
association from federal court de-
,reos Diminishing injunction pro
'eedings brought to prevent prohi-
lition officials from interfering /
With it in the manufacture Of beer. II
rhe court granted permission for
he cases submission in connection
With today's arguments.
Permission was also given to +
Wayne +. Wheeler. general cQun- |
TEL for the Anti-Saloon league, to
lie a brief in connection with the \
bending cases.
Mr.. Wheeler contended that the
definition" of Intoxicating liquors
in the Volstead act "is q
legitimate exercise by congress of
he power Of enforcement conferre
ipon it by the eighteenth amend
nent"