Evening journal., 1921-03-21
AGAIN ATTACK
u. S. PROHIBITION
Vets Before Supreme Court
Argue Time Limit Was
Illegal
WOMAN DEFENDS
AMENDMENT

WASHINGTON. March 21. Omitted
Press).-A provision OF the prohi-
bition amendment originally pro-
posed by President Harding while
a Senator, makes It invalid. It was
claimed. in a second attack on the
constitutionality OF the dry laws. in
briefs hled with the Supreme Court
today.
The new attack on the validity OF
the amendment will be argued in
the court either late tomorrow or
Wednesday
The secion OF the constitutional
amendment which II is claimed in
validates all the ratihcations by the
states, provides that the addition 10
the constitution would not be apera
tive unless ratified by threc-fourths
OF the States within seven years
after being submitted to them.
The claim is that Congress had
no power to place such a time limi-
tation on the ratification by the
States
The brief for the wet interests
asserts that the Supreme Court. in
upholding the amendment and the
Volstead act last June. did not pass
on this phase Of its validity.
President Harding. while in the
Senate. proposed the time Limitation
on the ratifcations. saying his ap-
proval of the resolution submitting
Z 90 he arfu q
pended on such a provision being
added. He originally proposed three
years, but later 1t was increased to
seven.
The new attack was made in the
case OF J. j, Dillon. san Francisco.
who sought arrest to test the law.
He was employed by drayage com
pany for Transporting a case OF wine
| through the streets without permit
from prohibition officers.
Levi Cooke, for several years
counsel for the liquor interests, is
| the leading attorney in the attack.
The law will be defended in argu-
ments before the court by a woman
| Annette Abbott Adams, Assistant
| Attorney General.
Summarizing the contentious, the
anti-prohibition brief says:
There is no authority found In
the constitution by which two-thirds
OF both houses, may submit an
amendment some members asserting
only II extra constitutional terms and
| conditions are added TO what might
alone be proposed validity; or under
the terms Of their resolution may re-
strict the action OF the States in theii
deliberation thereon; or as in this
transaction may submit an amend
ment as necessary in their Judgmen
only IL the States act for ratification
within a time limit or upon any othei
condition subject TO which the Con
/ gress makes the submission as thei
only necessary in their judgment
without this ra-constitutiona
| provision II is impossible TO say tha'
two-thirds OF quorum Of the House
and Senate would have proposed tbs
amendment and we have the pcsi.
tive statement Of Senator Harding
that his assent TO the amendment
was conditional upon the Limitation
to the States being engrafted upor
the proposal"
Assistant Attorney-Generai Adam'
in her brief for the government
claims that the prohibition amend.
ment cannot be declared invalid be-
cause OF section 3.
She says:
"The amendment having beer
ratified by the requisite number o
states within the time Limitation pro
vided in section it is unimportan
whether that section is valid or in
valid. 1t is to be presumed tina
the intention OF Congress in fixini
the Limitation was to defeat ratihca
ton: rather it may be assumed tina
I the proponents OF the Limitation
clause desired the early ratification
| which was had But even II sec
tion were held 10 have been a re
striction beyond the power OF Con
gress to impose. it does not follow
that its invalidity would render th'
whole proposition nugatory."
II the states are dissatisfied will
prohibition they can undo il undel
the constitution. Miss Adams added