Evening star., 1920-03-08
Mr.. ROOT PRESENTS
BRIEF ATTACKING
DRY AMENDMENT

I.lihu Root today filed brief on
behalf of the United States Brewers
Association in opposition to the pro-
hibition amendment ard the govern
ments motion to dismiss the Rhode
Island case before the United States
Supreme Court. The brief asked ina,
th" amendment II" dtclarth >"'',
and tha: the court hold the NotStead
enforcement act unenforcahle III
Rhode Island.
Mr. Root: Argument.
Tn ,pnosjnc tn, amendment. Mr..
Root IL his brief Contended:
That the sv-called "lSnt'"ii'h
am ..,lmeu. as mere legislation VAS
not within the authority fcS'ed II,
Congress and the legislatures OF
three-fourtEs of the states uhuef NV
federal Constitution.
THAT article V OF the Constitution
does not authorize any amendn.eh'
which directly or in princlple tth,'s
to impair and destroy the resci T sd
police or governmental powers OF IN,
several states and thelr FlShl ~ ''N''
self government.
That tWo-thirdS of ConGefss di" no,
deem the amendment necessary.
That the amendment has not oeeh
-;itIiied bv three courths OF the states.
That the questions involved IN '"e
Revolutionary Possibilities.
"Ir this amendment is valid INC
hricr said. the principle which IT en-
hoGi.>; and tho tendency which 1t eS-
t.blishes and lc=a!2es would authorize
the mos: far-rcaciLns ana r"Nolu'ioh-
a:y Iite-a ions: IL our gciefn'h'h|" "'I
tenn, The right to manufacture. Sci'
and transport in local or lhtldSsat'
commerce tobacco. condiments, cotec'
IN,
.uctS which three-fourthS OF the SeN-
eraI states at any time deem ohJectiot-
able could then unQueStlonab.F De pro-
hihited by constitutional amendment.
The right OF the states to estahi,sh
and enforce social distinctions ne
tween the races and prevent the!r IN
termarriage, which a number OF our
states firmly believe vital 10 'hcli
peace, order and happiness: the riSht
of the states to regulate any other
domestic relation; the rlsnt OF ale
states to regulate strikes ana lock
outs; the right of the states to levy
and collect their own taxes for their
own purposes: the right or the states
to forbid the use OF chlld lanor or
regulate the hours of labor IN the
factories within their respective bor-
dcrs: the right of the states to enact
employees liability and workmen
compensation laws for the beneht or
their inha bitants-in word, the en-
tire right of each of the states 10
regulate the life conduct and intra-
state affairs and business of citizens
in accordance with it's own needs and
it's own views-may all be destroyed
by the action of two-thirds of
quorum of both houses of Congress
and the concurrence of the three
fourths of the legislatures of the
states. representing, it may be. mi
nority of the people of the United
States.
May Destroy Powers.
"It is an inevitable conclusion that
if the so-called eighteenth amend
ment. which directly and deliberately
deprives the several states of sub
stantial portion of their respective
police powers and revenues by con-
stitutional exercise of power, is legal.
then another amendment may consti-
tutionally sweep away every remain
ing vestige of the police powers OF
the state. that is to say, the powers
OF government inherent in every gov
ereignty to the extent of its domin-
lens, the power to govern man
and things within the limits of its
dominions.