New-York tribune., 1920-03-30
w ct Decisions
May Be Handed
Down in april.
Supreme Court Action in
Extending Recess Until
10Th Means Final Judg-
me1lt, Is Belief Of Many
Act Is Attacked Again
Root Declares Prohibi-
ton Amendment Per-
version of Constitution

WASHINGTON, March ga possi-
bility that the Supreme Court might
pass final judgment on prohibition
questions now before it by the middle
Of next month was seen to-day in the
announcement that the court recess to
be taken at conclusion of arguments on
these cases, probably tomorrow, would
extend to April 10 instead of April 12.
The opinion was expressed by those
familiar with the courts procedure
that decision might be given imme
diately when the court reconvenes.
Further arguments on questions
touching validity of the Constitutional
amendment and the enforcement act
now before the court were presented.
They were in connection with the orig
inal suit brought by New Jersey as we'll
as appeals from that state and from
Wisconsin.
Ehhu Root, representing Christian
Feigenspan, brewer of Newark, N. j.,
Attorney General Thomas F. McCran,
Of New Jersey, speaking in opposition
Assistant Attorney General William L..
Frierson, for the government, addressed
the court to-day.
Amendment Is Attacked
Mr.. Root characterized the prohbi-
tion amendment as new legislation
made under "color of an amendment"
9Sfecting personal rights If its va
iidity was upheld, he said, the effect
would be that the court recognized in
edition to the legislative powers of
Congress and the states a third legis-
lative power, namely, enactment of leg
islation by consent of threefourths of
the states, which, he said, would be "a
perversion not only Of the word, but of
the whole tone and character of the
Constitution"
ut is of little consequence" Mr..
Root said, "if there be or be not pro-
hibition in this country. 1t is of vast
consequence however, that you now
decide rightly and for the good Of our
country in the future if there arc TO
be any limits to the power of amend
ment and where the line of limit ton
is to be drawn.
Il insist that YOU are not at liberty
to put a construction upon the power
20 amend that will ove-turn the fun
damental character Of this govern
ment unless the language of the
article is too plain to admit ques-
ton"
Mr.. Root further argued that the
original bill of rights would be swept
way if the amendment were sustained,
and laws enacted as constitutional
amendments would be made superior
to other laws.
Regulation of Liquor
Replying to an inquiry by Associate
Justice Day, Mr.. Root said only two
ways existed to insert prohibition
amendment in the Constitution-to
transfer power to regulate the liquor
traffic to Congress, as was done re-
garding interstate commerce, or to call
= convention to propose amendments
or the same authority as was done for
tir, original Constitution.
Attorney General McCran contendcd
hat the amendment was legislative in
na.nre and revolutionary in character,
and was not adopted by two-thirds the
membership of Congress nor ratified by
thrce-fourths of the states, owing to
referendum provisions in various state
constitutions.
On the governments behalf Mr..
Frierson reiterated arguments made in
the Rhode Island case that the CUES
tion of the amendments validity is not
Justiciable.
Permission was given to Wayne B
Wheeler, general counsel for the Anti
.aloon League. to file brief in con-
nection with the pending prohibition
cases.