Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1920-03-02
q STATES OPPOSE
/ RHODE |SEAND SUIT
Wet and Dry Legal Forces File
Briefs in Constitutional
Fight.
VIOLATES STATES RIGHTS
Attorney General Rice Declares
Eighteenth Amendment Sub
versive Of Civil Liberty.
tBy Associated Press.l

WASHINGTON, March L. Twenty
one States Joined with tho Federal gov
ernment today in asking the Supreme
Court to dismiss the original suit
brought by Rhode Island to test the
validity OF the prohibition amendment
to the Constitution.
Subscribing to brief which, was filed
by Charles E. Hughes. with the courts
permission. and which asked dismissal
OF the Rhode Island case on the grounds
that no justiciable questions were in
volved, were the States of Delaware,
North Carolina, Kentucky. Louisiana.
Indiana, Alabama, Maine, Arkansas,
Michigan. Florida. Oregon. Kansas.
West Virginia. Nevada, Montana, North
Dakota. South Dakota. Wyoming, Utah
and Arizona.
Rhode Ialnnd Presents Brief.
Dismissal of the suit. which the gov
ernmcnt has moved. was opposed in an
9TH other , brief presented by Attorney-Gen-
who asserted that the governments
view that the amendment is :.'unas-
sai,a6ls sad could only lead to anarchy
Another development today in the
proceedings was indefinite postpone
arguments. which were to have been en-
heard next Monday. in order to permit
appeals from Kentucky and Massachu-
idity. to be heard at the Same t,me xnt-
Assistant Attorney-GeneraI Frierson in
dicated tonight that the arguments
In asking permission to file the brief,
Mt. Hughes told the court that officials
or nineteen Of the twenty-one States
relative to opposing Rhode islands suit.
Tnlle, the Goyernofs of the other two
Nevada and Kansas-had given him au-
n N do III = c = ,
Pleads No Property Right.
Hughes SAID 8 his Ssisfi :.sSs ALT;
bring its bill OF complaint to enforce
the State which cal can be regarded rs asstS. Ss
proper subject of judicial coDsidera-
+ IF this court may; consider the cues
ton .whe ther an amendment not es-
can syalfdly. be adopted. it is snbmitted
the eighteenth (prohibition) amend
Inenf ineIf, Which exposes it to, the charge OF
1--WE Submit that tho ,concept ion 3; e. !
yolyed In the bill OF complaint. that
sss on the Vote 81 rgsisS sWSthisSs s9y St S9ssSS s9sS
latnresefs three -fourtSs Of the g statsgs sglSs i
nay ma. BE held for naught through thg uo jua
implied restrictions upon the amend
ing power-restrictions which. thus
set up by judicial decree, would be
aiterable by any constitutional, process
lis conception of the most extraVas
giant character, and opposed to the fun
NO principle of judicial action can pos
authority" - : 800 - ti uei al
The brief. which was filed bv Attor-
ney-General. Herbert A. Rice Of Rhods
Island, asserts that the governmenT's
" vfsW shisn mat mat the amendment is .'unassail-
oppression It contends that It it. is the the
deuty Of the court to keep Congress- in
its amendments to the Consfitufinn
within the. scope and Jurisdiction Of
iM;eaerais sauthority" and maintain chat
line Of division between, Federal and
M Seate powers which has "for so many
years insured the harmonious operation
OF our dual system of 7goyernmente.nIl
dained and established as perpetiial@
The theory of the government ais
SO SubYersive OF fundamentaI7 Snrincis
PIES that It's acceptance would bring
ABOUT a constitutional revoIut Ion "1con
tinues the brief - S.' 1eot
amendment to the States. the brieY
asserts, is Unconstitutional and is a
precautionary proceeding." Heretofore
1t is stated, Congress- has nronneeS
amendments ito the Legislatures Of :be
several States" 7S,,'' 80 ~ " '''e
1t surpasses all understanding that
congress-. while submitting the propo-
LeGislatures shall bind them. When.
pray, did Congress become the dicta-
TOR TOR over the sovereign people of a.
state with respect to. their Sovereign
powers? Sovereignty resides in the
peopie, and they alone may express