Republican farmer., 1920-01-23
SAYS ''DRY" LAW ENCROACHES ON
 STATES RIGHTS
Senator Declares Amend ment Is Revolution In Our
 Constitutional Scheme

New York, Jan. 20-The prohibi- tion amendment of the Constitution challenges the integrity of the states Senator Thomas of Colorado, argued recently before the New York State Bar Association It enbodies, he declared, a revolution in the constl- tutional 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," Mr Thomas said, "the object embraced in the 18th Amendment may be permanently embodied in if, 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 it's proper sphere, by insist ence that all public authorities ob- ] serve the limitations imposed by the 1 Constitution and that all citizens 1 should be Americans first and Demo l crats, Republicans or Independents l afterward.
 'The people have recently made T l radical departure from legislative 10 I ] event is embodied in the 18th | Amendment, quite as important and possibly destined to prove as far 1 reaching in its political consequences, l as the war between the sections. Now l 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 1 appealing to the emotions, which di- 1
 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 l incident to it.
 '"The latter involves the repudia.- ton of fundamental principle of the Constitution whose overthrow the states may not ultimately survive.
 'Whatever may be said in behalf
 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 , which have accepted 1t, the 18th
 Amendment not only changes
 but revolution1zes the original struc-
 ture of the government It encroach- , es upon the reserved powers of the 7 states. and of the rights of the peo-
 pie thereof under state constitution.
 and laws, and equips the nationa l government with power to enac
 laws for it's enforcement in every
 quarter of the national dominion. |
 substitutes the national for the sta.e
 constable, the federal for the state
 court, the federal for the local jury
 in all that pertains to the nanufac
 ture, distribution or consumption O
 alcoholic beverages. It does this il
 states which have rejected as wei
 as in those which have accepteds tn,
 amendment.
 d "It must be conceded that the sub 6 ject directly concerns the conduc
 and environment of the individual. I
 is therefore foreign to the supervisini o l power of the national authority as or igina11y outlined.
 l. And since no measure can becom a a law without the affirmative vote . majority of the states in the Senate 6 since the President may be chosen b n the Electoria1 College although a ma A jority of the popular vote be cas
 against him, since laws ardently de
 manded may be declared invalid b
 the Judicial authority as in eonfIic if with organic limitations, since prop f erty may nQt be taken but for u public purpose and then only b e making due compensation, we ma
 be sure that many new amendment. some of them already introduced an
 published will be proposed for tn :, removal or modification of sue objectionable constitutional restri< > tions. These will find support 7 Congress and in the state legislature
 in proportion to the strength of tn l. electorate behind them. And the cam
 paign against the dual system of tn 7- constitution. the march against tn ll principle of representative .goverr
 ment will be fairly on.
 It ''The sovereignty of the state e. declining. It may be further denut
 ed although loudly protesting. U Once 1t is finally decreed that the 1T st tegrity of the states may be assaile, , only the virtue, the wisdom and th T. experience of the people will saft l. guard the edifce our fathers reare
 to preserve their own and the lii |S critics of posterity.''