Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1920-03-02
RHODE ISLAND VETS
SEE GRAVE PER|lS
IN DRY AMENDMENT
A Direct Invasion of Jurisdiction
and Powers of State. Says
Supreme Court Brief.
MUST LEAD TO ANARCHY.

Washington, March 1.-The United
States Supreme Court must pass on the
validity of the eighteenth amendment If
the cherished principles of the corsttu-
ton and the perpetuity of free govern
mcnt Hereunder are To he maintained,
the State of Rhode Island declares in
its brief filed in the United States SUI
preme Court today In reply to the govern
ments motion for the dismissal of its
action to obtain inlunctive relief from the
prohibition amendment.
The brief, which was filed by At
torpey-General Herbert A. Rice of Rhode
Island, asserts that the amendment lis a
direct invasion of jurisdiction and powers
of the State and the rights of its people, .
and the governments view that il is
''unassailable' can only lead TO anarchy
and oppression" 1t contends that il is
the duty of the court to keep Congress
in its amendments to the constitution
within the scope and jurisdiction of Fed
eral authority" and maintain that line
OF division between Federal and State
powers which has 'for so many years
insured the harmonious operation of our
dual system of govcrnmcnt-ordainc
and established IA perpetual"
The theory of the government "is so
subversive of fundamental principles that
its acceptance would bring about a con-
stitutional revolution" continues the
brief
at would convert the sovereignty of
the people into sovereignty Of officials.
1t would endapger civil liberty and those
innumerable rights that have been in
herited from the common law since the
time of Magma. Charta. Under its
application the boundary established by
the constitution between Federal and
State authority could be shifted at will.
IS officials might be influenced by political
cowardice or expedieney. In fact. all
power might be absorbed by the Federal
government and the States become de
peadencies, states only in name. for the
mere purpose OF having equal repre-
seDtatlon III the Senate.
The brief declares that Article Y Of the
constitution relating to amendments only
provides for the correction of errors COM
rnitted In framing the constitution" and
that the amendment functions of
Congress are limited.
The proposal of the eighteenth amend
ruent ito the States" the brief asserts, IL
unconstitutional and Is a revolutionary
proceeding" Heretofore, 1T was stated.
Congress has proposed amendments "to
the legislatures of the several States"
The different course which was rrr-
sued IN this instance was adopted under
stand.nely and with purpose, continued
The brief 1T was necessary TO depart
from the practice which had always here
tofore ordained. in order to carry out the
new constitutional doctrine, that the
word amendment In Article Y includes
proposals covering the whole field of alb
solute sovereignty. In the proposal of
the so-caled amendment, neither power
nor 9 subject matter within the scope of
the Federal constitution was dealt with
On the contrary, the power involved re-
sided in the sovereign people of the re-
spective States, and in them exclusively
1t was necessary, therefore. in order to
obtain a surrender of such power, to pro-
pose the so-cailed amendment to those
who possessed it.
Recognizing the necessity, Congress
made the proposal of the so-called amend
Inent to the respective States, that is, to
the sovereign people of the respective
States. Such a submission of the proposal
to the States Is now here recognized by
the Federal constitution and is a revolu-
'ionary proceeding.
The entire procedure is revolutionary
and without constitutional sanction.
at surpasses all understanding that
Congress, while submitting the proposal
to the State declares that their legisla-
ures shall bind them. When, pray, did
congress become the dictator over the
overelgn people OF a State with respect to
heir sovereign powers? Sovereignty re-
,ides IN the people and they alone may ex-
press sovereign will"