The Bridgeport times and evening farmer., 1920-01-20
SAYS ''DRY' FLAW ENCROACHES ON
 STATES RIGHTS
Senator Declares Amend ment Is Revolution In Our
 Constitutional Scheme

ticn amendment of the Constitution challenges the integrity of the states, Senator Thomas of Colorado, argued recently before the New York State Bar Association. It embodies, he declared, a revolution in the consti- tutionaI scheme of government possi- bly destined to prove as far-reaching in it's political consequences as the Civil War, which challenged the in tegrity of the union.
 ''If by observing the formulas pro- vided for amending the Constitu tion," MT. Thomas said, 1.-the object embraced in the 18th Amendment may be permanently embodied in it, so may every other object be, with out regard to the original division of powers''
 With this warning of what might result, the Senator urged that the nation and states would be preserved. each in its proper sphere, by insist ence that all public authorities ob- serve the limitations imposed by the Constitution and that all citizens should be Americans first and Demo- crats, Republicans or Independents afterward.
 "The people have recently made T radical departure from legislative to constitutional encroachment. The event is embodied in the 18th Amendment, quite as important and possibly destined to prove as far reaching in it's political consequences, as the war between the sections. Now as then the question is disturbed if not controlled by it's association with a great moral, social, and economic problem, which arouses passion by appealing to the emotions, which di- vii tention from the major issue to it. self. The issue should be distinguish ed from the cause which has ad- Vanced it, if we are to appreciate it's magnitude. The extinction of the liquor traffic is not the issue, but the incident to it.
 ''The latter involves the repudia- tion of a fundamental principle of the Constitution whose overthrow the states may not ultimately survive
 
 'Whatever may be said in behalf l of National prohibition, and I am in hearty sympathy with it's purposes, and can testify to it's social, moral and economic value in the states l which have accepted it, the 18th ! Amendment not only changes but revolutionizes the original struc- 1 ture of the government. It encroach- 1 es upon the reserved powers of the 1 states, and of the rights of the peo- 1 pie thereof under state constitutions l and laws, and equips the national l government with power to enact 1 laws for it's enforcement in every l quarter of the national dominion. It l substitutes the national for the state ] constable, the federal for the state l court, the federal for the local jury 1 in all that pertains to the manufac- 1 ture, distribution or consumption of 1 alcoholic beverages. It does this ir ! states which have rejected as well l as in those which have accepted the ] amendment.
 Ut must be conceded that the sub. 1 ject directly concerns the conduct
 and environment of the individual. t l is therefore foreign to the supervising 1 power of the national authority as or 1 iginally outlined.
 | And since no measure can become l a law without the affirmative vote of l a majority of the states in the Senate. ] since the President may be chosen by 1 the Electorial College although a ma 1 jority of the popular vote be cast | against him, since laws ardentIy de- 1 manded may be declared invalid by | the judicial authority as in conflict With organic limitations, since prop erty may not be taken but for a ] public purpose and then only by
 making due compensa ton, we may
 be sure that many new amendments l some of then: already introduced and
 published will be proposed for the 1 removal or modification of such 1 objectionable constitutional restric-
 tions. These will find support 1T
 Congress and in the state legislature | in proportion to the strength of tho
 electorate behind them. And the cam.
 paign against the dual system of the
 constitution, the march against the 1 principle of representative govern. l ment will be fairly on.
 'The sovereignity Of the state i.
 declining. It may be further denud
 ed although. loudly protesting.
 Once it is finally decreed that the in.
 tegrity of the states may be assailed
 only the virtue, the wisdom and tn, l experience of the people will safe
 guard the edifce our fathers rearet
 to preserve their own and the lib
 critics of posterity."