The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1920-01-19
STATE RIGHTS
CHALLENGED by
PROHIBITION
Revolution in Constitutional
& Scheme Declares Thomas
EXCEEDS LIMITATIONS
Move May Possibly Prove as Far
Reaching IN Consequences
as Civil War

l. New York, Jan. H. The prohibition
amendment to the Constitution challel
ges the integrity of the states, Sena
tor Thomas of Colorado. argued las
might before the New York State Ba.
sassociation 1t embodies, he declared
a revolution In the constitutions
scheme of government possibly destin
led to prove as far reaching In Its pol
li.Ical consequences as the Civil War
4 which challenged the integrity OF the
union.
eff by observing the formulas pro
lvided for amending the Constitution,
'liMr Thomas said, ,''the object embraced
lin the 18th Amendment may be per
manently embodied in II, SO may every
other object be. without regard to the
original. division of powers"
4 With this warning OF what might
result, the Senator urged that the ma.
lition, and states would be preserved,
each in its proper sphere, by insistenee
| that all public authorities observe the
Limitations imposed by the Constitut.
Ion and that all citizens should be
Americans first and Democrats, Repu-
blicans or Independents afterward,
Beginning with an analysis of the
original powers of the federal and
state governments, Senator Thomas
traced the growth OF the National ad-
ministration in undertaking new acti-
RitieB. s si
1 iiMany of them,p he said. Have
been undertaken with the approval
ior by the invitation of the states, which
too readily surrender their prerog-
atiyes to the Congress, thus avoiding
the expense and the effort required
Tor their exercise. The Fedral treas
ury has become the agency for this
transportation OF power, with appro-
priations as the watehword and dirnin-
ishing local government as the conse-
quenee. This condition is not credit
able either to- American spirit, or
American patriotism, but II exists and
is progressive. So general has 1t be-
ecme that the measure and the limit
OF iegis atiye authority seems to be
the viii or discretion of Congress.
But the people have recently made
a radical departure from legislative to
constitutional encroachment The
event is embodied In the 18th Amend
ment, quite as important and possibly
destined To prove as far reaching In
its political consequences, as the war
between the sections Now as then
the question is disturbed II not cen
trolled by it's association with great
moral, social, and economic problem,
which arouses passion by appealing TO
the emotions, which divides public
sentiment and diyerts attention from
the major ssue to itself. The issue
should be distinguished from the
cause which has advanced 1t, II we are
to appreciate its magnitude. The ex-
t,ncticn of the liquor traffic is not
the ssue, but the incident. The latter
involves the reputation OF funda-
mental principle OF the Constitution
whose overthrow the states may not
ultimately survive X X X x
Whatever may be said in behalf
CT National prohibition, and am in
hearty sympathy with its purposes.
and can testify TO its social, moral and
economic value in the states which
have accepted il, the 18th Amendment
not only changes but revolutionizes
the original structure of the govern
ment. It encroaclfes upon the reserved
powers of the states, and of the rights
of the people thereof under state CON
stltutions and laws, and equips the ma
tcnaI government with power to enact
laws for its enforcement in every quar-
ter OF the national dominion. 1t sub
stitutes the national for the state con-
stable, the federal for the state court,
the federal for the local jury In all
that pertains TO the manufacture. dis
ribution or consumption of alcoholic
beverages. II does this in states which
have rejected as well as in those which
have accepted the amendment
1T must be conceded that the sub
iect directly concerns the conduct and
environment OF the individual 1t is
therefore foreign to the supervising
power of the national authority as
originally outlined. xxx
And, since no measure can become
a law withontfthe affirmative vote of
a majority Of the states In the Senate,
since the President may be chosen by
the Electoral College although a ma
jority Of the popular vote be cast
against him. since laws ardently dem
anded may be declared invalid by THE
judicial authority as in conflict with
organic limitations, since property
may not be taken but for a public
purpose and then only by making
due compensation, we may be sure
that many new amendments, some OF
hem already introduced and publish
ed will be proposed for the removal OF
modification of such Objectionable con-
stitutional restrictions These viii
find support in Congress and in the
state legislatures in proportion to The
strength ofSthe electorate behind them
And tho campaign against the dual sys
tenn CT the constitution, the march
against the principle of representative
government will be fairly on ifA
The sovereignty of the state is de-
Ginning 1t may be further denuded al
though loudly protested. X Xxx X
Once It is finally decreed that the IN
tegrity Of the states may be assaiied.
even under the prescribed forms
Of constitutional amendment, only the
virtue, the wisdom and the experience
of the people will safeguard the edi-
flee our fathers reared to preserye