The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1920-03-02
CIVIL LIBERTY
Held In DANGER
Brief Filed By State of Rhode
Island Attacks Constitution
atty of Dry Amendment
TAKES AWAY THE RIGHTS
Document Asserts Congress Die
tated By What Power Amend
ment Should Be Ratified

Washington March Twenty one
states Joined with the federal govern
ment today in asking the supreme
court to dismiss the original suit
brought by Rhode Island to test the
brief filed by Charles L. Hughes with
the courts permission We're Alaba ma
Arizona, Arkansas. Delaware, Florida,
Indiana, Kansas. Kentucky, Louisiana,
Maine, Michigan, Montana, Nebraska,
North Carolina, North Dakota, Oregon.
South Dakota, Utah, West Virginia,
Wyoming.
Hughes brief contended for dismiss
sal on the grounds that no justifiable
questions are involved.
Dismissal of the suit which the Civ
ernment has moved was opposed in
Herbert a. Rice, of Rhode Island, who
asserted the governments view that
amendment is 'unassailable" could
"only lead to anarchy and oppres-
sion.''
The eighteenth amendment 'iS a di
rect invasion of jurisdiction and pow
ers of the state and the rights of its
people," the state of Rhode Island de-
clares in its brief filed in the United
| States supreme court today in reply
to the governments motion for the
dismissal of its action to obtain in
f, junctive. relief from the amendment.
1t contends that it is the duty of
the court to keep congress in its
Amendments to the constitution with
/ in the scope and jurisdiction of fed
era, authority" and maintain that
| line of division between federal and
state powers which has "for so many
years insured the harmonious opera
( ton Of our dueal system of gevrn-
ment-ordained and established as
t"perpetua1."
The theory of the government lis SO
lsubversive of fundamental principles
that its acceptance would bring about
a constitutional revolution" continues
| the brief.
( 1T would convert the sovereignty OF
the people into a sovereignty of Off
cials. 1t would endanger civil liberty
and those innumerable rights that
have been inherited from the common
law since the time of magma charta
Under its application the boundary
established by the constitution be-
tween federal and state authority
could be shifted at will as officials
might be influenced by political cow
ardice or expediency. In fact, all pow
er might be absorbed by the fedora
government and the states become de-
Tendencies, states only in name, fol
the mere purpose of having equa
representation in the senate"
The brief declares that Article V OF
the constitution relating to amend
ments only provides for the "correc-
tion Of errors committed in framing
the constitution" and that the amend
ment functions" of congress are linn
tied.
The proposal of the eighteenth
amendment ito thte states the brie
asserts is unconstitutional "and is !,
revolutionary proceeding Hereto
fore, II is stated, congress has propos
ed amendments TO the legislature
of the several states.
The different course which wa
pursued in this instance was adopte'
understandingly and with a purpose,
continues the brief. Tt was necessa
ry to depart from the practice which
has heretofore ordained. in order e
carry out the new constitutional doc
trine, that the word amendment il
Article V includes proposals covering
the whole field of absolute sovereign
". In the proposal of the so-calle'
. amendment. neither a power nor