Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1920-03-30
LOOK FOR LIQUOR
DECISION APRIL 10
Argument OH the Prohibition
Amendment May Reach It's
Conclusion Today.
COURT WILL THEN RECESS
Root Emphasizes Assertion Dry
Article Is Legislation Under
New Guise.
COURT WILL THEN RECESS
IDy Associated l,-..s

WASHINGToN. March 29-A pos-
sibllity that the Supreme Court might
pass nHal judgment on prohibition
questions now before IL by the mid
die OF next month, was seen by some
observers today in the announcement
that the court recess to be taken a.
conclusion Of arguments on these
cascs. probably tomorrow. would cx-
tend to April 10 instead OF April II.
The opinion was expressed rs those
familiar with the courts procedure
that decision might be rendered
Immediately when the court recon
vencs.
questions touching validity OF inc
constitutional amendment and the
enforcement act now before the court
was presented today. They were In
brough; by New Jersey as vel! as
appeals from that state arSi from
Wisconsin. Rhode Island. Kentucky
and Massachusetts cases have al
ready been argued and will be con-
sidc-ci ut the Same time
HcnrH Distinguished Array.
:, Elihu Root. representing Christian
EciSenspahn. brewer of Newark
y. j.. Attorney-G Thomas f.
McCran. of New Jersey, In oppos:tIon
10 the constitutional amendment and
Assistant Attorncy-General William
l.. Fricrson for the government. ad-
dressed the court today
Mr.. Root characterized the Drohi-
bition amendment as new legislation
made under color of nm amendment"
anestins an,,s,, personal rights II Its
feet would be that the country rec
ogntzed. In addition lo the legisla-
tive powers OF CohKress and the
states. third Legislative power.
n AN n a mt, I :.
consent Of three-tourths o. the
States. which he said would he "a
perrersion not only OF the word, but
OF the whole tone and character Of
the Constitution"
Seeks 10 Limit Amendment Power.
1T Is OF little consequence" Mr..
Root said. "if there be or not be pro-
hibition in this country. 1t is Of vast
consequence. however, that Your Hon
ors now decide rightly and for the
there are to be any limits TO the
power OF amendment and where the
line OF limitation is to he drawn
Il Insist that Your Honors are not
at liberty 20 put a construction upon
the power 10 amend that VIII over
turn the fundamental character OF
this government unless the language
OF It's. article is too plain 10 admit Il
question.
Mr.. Root further argued that the
origHnal Fill of Rights upon which the
cueidi SonslilutlON was iOundsu,
would be swept away if the amend
ment were sustained and laws en-
acted as constitutional amendments
would be made superior 10 other
laws. This would mean. he added.
mat we are not government of
limited powers because there is n
Legislative body that is not subject
to these limitations.
Replying to an inquiry by Asso-
ciate Justice Day. Mr.. Root said only
Two ways existed TO insert n proh!-
bition amendment In the Constitu-
the liquor traffic to Congress. as was
done rcSardinS interstate commerce.
or TO call convention TO propose
amendments on the same authority
as was done for the original Consti-
tuition.
Il contend they have not put that
power into the hands of the amend
ing authorities" Mr.. Root said.
Attorney y-Gencral McCran contend
ed the amendment was Legislative in
ter. and was not adopted by two
thirds the membership of Congress
nor ratified by three tourths of the
States, owing TO referendum Drovi-
sions in various state Legislatures
On the governments behalf Mr.
in the Rhode Island case that tho
question of the amendments validay
is not jrsticiablc.
Another prohibition case reached
the court today with the Gling OF
Association from Federal court de.
crees dismissins injunction proceed
ings brought to prevent prohibition
ofhcials from interfering with 1t in
the MANUFACTURES of beer The court
submission in connection with to-
days arguments.