davidaulloa/AmericanStories huggingface dataset:
New-York tribune., 1922-09-03
The Supreme Courts 5 Power
Volstead Act So oFramed That II Could Not Be Wholly
lnvalidated- The Peoples Recourse

late jurisdiction to safeguard public
and private rights of the people
against the enactment by a majority
IN Congress Of laws upon subjects pro-
hibited to Congress- in Federal legisla-
tion. That power to construe laws in
the spirit of the Constitution is the
oaly curb to the exercise Of arbitrary
powers where imposed upon the Exec
utive by an act of Congress. Where
the court finds and declares that an
act is unconstitutional, 1t stops auto
meticaily the execution of the law. for
q President could not without defiance
Of the Constitution continue to execute
it, The evidence follows:
Article VI of the Constitution sun
ports the Federalist contention in the
following words: "The Constitution
and the laws OF the United States,
which shall be made in pursuance
thereof, and all treaties made or which
shall be made under the authority OF
the United States shall be the supreme
law of the land, and the judges in
every state shall be bound thereby,
anything in the constitution and laws
Of any state to the contrary notwith-
standing"
The power of appellate jurisdiction
was vested in the Supreme Court par
ticularly to protect on appeal the re-
served rights of any state and any Of
their people, not merely of the states.
The prohibition amendment was rati-
fled by the legislatures under the polit.
ical pressure of clamorous partisans
who demanded ratification to support
the war acts of the Democratic major
ity In the Congress of 1917. This
amendment, never submitted to the
people, abolished by it's prohibition of
the manufacture, sale or gift Of intox-
ieating beverages a 300-year-old right
of Americans, guaranteed as private
property and business enterprise, in
the Constitution and prior amend
ments. Where did the legislatures find
authority for ratification of this sur
render OF an independent right OF
american cltlZens, specifically eX-
empted by direct words in the Consti-
tuition from such surrender by the
states?
1t is clear that the Supreme Court
exercised vested judicial power in it's
decision validating, as to the reserved
rights of the people to hold undis-
turbed any form OF private property,
the Volstead act. The responsibility
rests upon the coalition members of
nationalists of both parties who RAM
med the act through in spite of the
veto of President Wilson, and also
regulated its terms of judicial review
in such manner that the court, if it
found any specified violation of private
New-York tribune., 1922-09-03

suppress the manufacture, sale or gift
of alcohol and alcoholic beverages in
any state; to arrest on suspicion, with
out accusation, warrant or trial, any
one found In possession of beverages
alleged to be alcoholic, or for the sale
of commercial alcohol; to search any
papers Of owners, even Of suspected
owners, and to search for and seize IN
any building or plant and conhscate
both stocks and buildings; to treat rs
criminals rich end poor suspects. So
far the enforcement Of the set has
stopped or wiped out several domestic
industries TO furnish an exclusive mar
ket to moonshiners and smugglsd liquors
Of foreign manufacture, TO the profits
principally OF people Of the British
doninions. The remedy rests with
the people.
RAYMOND F.. DODGE sR.
Weehawken, N. j., Aug. 20, 1922.
New-York tribune., 1922-09-03
To the Editor Of The Tribune.

To the Editor Of The Tribune.
Sir: Does the Supreme Court get
the power to declare any statute that
in its judgment is in violation of the
Constitution unconstitutional from the
Constitution ?" A recent letter of Lee
j. Vance to The Tribune included this
question, and charged that the argu-
ment of Hamilton in .sThe Federalisty
was based upon assumption" from
which, elaborated by Chief Justice
Marshall, had been dedueed the doc
trine that "this power belongs to them,
that is, to the courts" 1t requires ex-
smination.
Hamilton in ''The Federalist,n No. 7s,
distinctly admitted the lack Of direct
words in the Constitution granting iu-
dicial power to pass upon the validity
of acts of Congress. But he consid-
cred the lack was covered by the gen
erai vesting of sole judicial power of
appellate jurisdiction in the Supreme
Court over all cases, both as to law and
fact. of Federal cognzanee, with such
exceptions and under such regulations
as the Congress shall make He con-
tended that every court in the country
in the exercise of its judicial power
could construe legislation in the spirit
OF the Constitution, and that the Su-
preme Courts power was vested in the
Constitution.
Hamilton pointed out that the Judi
ciary in this country, unlike that of
England, has no voice in making legis-
iation; conversely, that Congress and
the President have no judicial powers
TO construe laws; that Congress cannot
be permitted to declare the constitu-
tionality of its own acts; that the fune-
tlon of the President is to execute, not
make laws and that the Supreme Court
is vested with judicial power of orig
inal or appellate jurisdiction over all
cases arising under Federal laws and
also those of concurrent state and ma
tional legislation.
Neither Hamilton, Marshall, nor DR..
Nicholas Murray Butler, who was also
cited by Mr.. Vance, claimed a nower
in Supreme Court decisions to invade
state jurisdiction except upon specific
subjects of Federal cognizance. That
claim is nationalist doctrine, not
Federalist. They agreed that the court
had sole appellate jurisdiction in all
cases arising under Federal legislation.
Any other view would deprive the Su-
preme Court of its power to protect by
its decisions the rights of the states
and the people against tyranny by act
of Congress.
Hamilton also pointed out that the
Supreme Court was vested with appel
New-York tribune., 1922-09-03
Bavaria s Stuart

To the Editor of The Tribune.
Sir: Some one once said that Dar-
wins idea Of q tragedy was beauti-
full theory killed by an ugly fact. (I
shave the name wrong, as am
relying on very hazy memory) Per-
haps beautiful joke or sarcasm which
meets q like fate may be equally
tragic.
The beautiful joke of which this is
apropos is that one quoted in The
Tribune from "The Kansas City Star"
to the effect that with all the mo-
narchical planning going on in Europe
1--WE wonder we don't hear of the
Stuarts showing themselves again"
The ugly fact which kills the joke is
that we do. There is no man of the
name now alive, but their heir and
present-day representative is Rupert
Of Bavaria, of whom we hear good
deal. NJ A. HOWARD
Aurora-on-Cayuga, N. Y, Aug. 2S,
1922.
New-York tribune., 1922-09-03
Police Field Days
Good Games in a Good Cause-Sub-
scriber Uneasy About Funds

To the Editor of The Tribune:
Sir. Once more we are all invited
and very maay of us personally so
licited by uniformed members of the
force to purchase tickets for the
games Cat Jamaica racetraek this
year1 to be held on the field days, Sep
,ember 3 ard ie. for the benefit OF the
police relief fund
have been, and am now. firm be-
lever in the cause for whose benefit
these games are held annually. From
personal experience can affirm that
any one who purchases a ticket and
attends the games will reap more than
his dollars worth Of enjoyment.
But there are many thousands of
people who purchase not one ticket but
numerous tickets for these games,
from year to year, with no intention
of attending. They purchase tickets
for the benefit of the police relief
fund.
Here is a public solicitation, CON
ooSbSo iaiGSiy NY PSISoubl CALLS dt
your ofsiee or at your home by mem
bers of the police force. Large sums
of money are taken in and public
accounting should be rendered A
widely published statement Of gross
receipts and total number Of tickets
sold should be issued, with detailed
statement of expenses and a final
showing of just how much was turned
in to the treasury Of the fund.
This is not asking too much on the
part of the subscribers. Yet cannot
recall that sueh public accounting,
at least in sufficient detail, has been
made as to the results of former field
days. EDWARD S. FIELD.
New York, Aug. 81, 1922,
New-York tribune., 1922-09-03
Letters to the Tribune's Editol

right in any one or NOR points, was
rebarred by the act from invalidatinE
the whole Volstead act.
1t was repetition OF the political
cunning of hybrid members responsible
for the fugitive slave act. And Abra-
demand reversal of the validation of
the act by tho Supreme Court, rendered
after the election Of President Buch-
snan. He declared as follows:
eve do not propose that when
Dred Scott has been decided to be a
slave by the court we, as a mob, viii
decide him TO be free. But
we nevertheless do oppose that de-
cision as political rule which shall
be binding on the voters 90 vote for
nobody who thinks it wrong, whieh
shall be binding on the members of
Congress-, or the President to favor
no measure that does not actually
concur with the principles Of that
decision. We propose 80 resisting
it as to have it reversed if we can
and new judicial rule established
upon this subject"
We may call this right Of the peo-
pie to change every department of both
Federal and state governments when de-
prived OF common rights by Congress
or any state legislature. Is there
reason for change of legislators who
bind in acts of Congress the sole judi
cial power able to inyaldate their
acts?
For the second time in American his
tory thcs Supreme Court upheld in the
Volstead act its authority from Con-
gress granting Federal marshals tyran-
nical powers te invade any state; to
New-York tribune., 1922-09-03

important part in the defense of Man
haitian. II is the desire of our chief
that tha army be prepared for such an
aeveHtuaiity. As part of that prepare
tion, il is necessary that our airships
and airplanes indulge in night fiying.
A flight over Manhattan had been
planned for the airship C-2 as part
of this training. However, this fight
was to have been made at such an
altitude as would not endanger the life
Of any of Manhattan's inhabitants
The trip over Manhattan was aban-
doned because of the weather condi-
tions, which would have REQUIRED ay-
ing at an altitude so low as to be
dangerous TO Manhattan.
In the present development of aero
nautics aud in the absence Of landing
fields. radio communications, meteoro-
logical stations, beacons. and other aids
to air navigation, flying under condi-
tions which our military pilots must be
trained to meet is at many times
hazardous and otter accompanied by
unavoidable losses. There does exist
a very slight and unavoidable danger
to civilians as a result Of cur neces-
sary military training flights. However,
the chief of air service has and will
continue to instruct his personnel that
they at all times must so conduct their
fights that the danger to civilians will
be so slight as to approach the ir-
redueible minimum.
AS the preceding statements rep
resent the facts OF this trip and the
true attitude of the chief of air serw-
ice, he greatly regrets that your edi-
torial may have led She inhabitants of
Manhattan Island to believe that he or
any of his officers was careless Of
their safety. Especially so, as che
trip was undertaken to provide data
to be used for their future protection
in case of an emergency.
d. S. SEATON,
Acting Chief of Division.
Washington, .. c., Aug. 25, 1929.
New-York tribune., 1922-09-03
What Causes WARP
Not Division Into States--Philip
Kerr Contradicted
To the Editor of The Tribune.

To the Editor of The Tribune.
Sir: Philip Kerr states his belief
that the fundamental cause of war is
the division of humanity into separate
independent states. His opinion is no
more than an echo of the peace con-
ference Being close to the principals
in that affair, his ears still ring with
their long drawn babble.
His statement is controverted by the
unbroken peace between ourselves end
Canada and the thousands of miles of
unfortifed boundary between us. 1t
is further controverted by the war be-
tween our North and South, some sixty
years ago, fought for the very reason
that they did not constitute separate
states.
Peaceably disposed nations have long
since found and practiced the way to
settle their differences in friendly
fashion.
Mr.. Kerr assumes that war is always
bad On the contrary, in world of
evil it is not infrequentiy an alterna-
I tive to other things that are worse.
1t is inevitable when selfshness gains
the upper hand; and selGshness is not
an indefinite thing to be ascribed to "A
nation. 1t is concrete evil thing ir
the hearts of the individuals who make
up the nation. The source of war is
to be found in the evil character of
man and nowhere else.
Mr.. Kerr is in error in stating that
the best that separate states have been
able to do is to look with indifference
on their neighbors.
We fought Spain to set Cuba free.
Our temporary control of Cuba was
with view to the benefit of Cuba
only; so our control Of the Philippine
Islands is temporary and based on what
we can give and not on what we can
get. 1t was not the fault of our peo-
pie that we did not go to the aid of
France until we were ignominously
kicked into the World War by Ger
many. And to-day there is consider
able sentiment among us that duty
points us TO a war on the unspeakabIe
Turk for the rescue of our Armenian
ally
In the meantime we may regard with
something like contempt that spineless
thing, the League Of Nations, which
takes no step to hinder France from,
selling arms to the Turkish butcher
and in which no English or Italian
voice is raised to compel action to res
cue the surviving Arnienians and TO
avenge the 100000 slain since the ar
mistice The prophet Amos sums IN
the matter: "Can two walk together.
except they be agreed?s The United
States thinks not.
CHARLES E. MANIERRE.
/ New York, Aug. as,G2ss
New-York tribune., 1922-09-03
The Public 8 Voice
Cor of Mo Trihnne.

To the Editor of The Tribune.
Sir: Your correspondent James A.
Blaine asks In to-day's issue: what
Can the Public Do?"
The public, If less 'Gong suffering
could months ago by letters to the
President, Governors and Congressme
have made it SO plain that protec-
tion is needed for those who will work.
for property and travellers, that pro-
teetiye action would have been forced
That is all that is needed in the case of
both big strikes.
Isn't there precedent enough in
Grover Cleveland's action closing a
Chicago strike and rioting? 1t Ger
New-York tribune., 1922-09-03

tnly the audience that is affected by
E. B. O. conditions. The picture is the
same at all times. The picture is good
or bad, depending upon the E. B. O.
state of mind Of the audience. The re-
porters are affected in the same way.
and praise or condemn it for the same
reason as the audience.
There is an annual rise and fall of
tho E. B. o. 1t is lowest in May, June
and Jaly. In August it commences to
rise, and reaches its highest in Novem-
Der, December and January. In Febru-
ary it begins to decline, until May
The best time of the year to put on
new play or to release motion pic
ture is during rising or high E. B. O..
JOHN NORTH, M. D.,
New Rochelle, N. Y, Aug. 20, 1922.
New-York tribune., 1922-09-03
CT. Flight
Power Of Supreme Court
Anship ,-2's light
NO Entry IN the Log the Effect That It Circled Over
Manhattan--Air Service Statement

To the Editor Of The Tribune.
Sir: The chief OF air service has d.
reeted this efslcc to invite your atten-
ton TO the statements contained in
an editorial sppearing in the July al
issue Of your paper. This editorial Is
entitled ~If the Blinsp Had Bumped, z
and it is evident that it's writer was
under the Impression that the airship
C-2 had passed ever Manhattan at
lew altitude.
Ysu are informed that there is no
entry in the airship's log to the effect
that the airship "circled over Manhas-
tam that, as q matter Of fact. this air.
ship did not at any time pass over Man
hastan Island. The CT did come down
to low altitude over Coney Isalnd for
only period Of time sufficient 70 idcn-
tify its location. At that time it main
tanned a sufficient altitude to have
necessary to have bumped anything.
1t then came in and cireled the Statue
of Liberty. At this time, as during it's
entire visit to Manhattan, landing
would have been effected in the water
II trouble had developed. The inhabi-
tants of Manhattan were at no time in
danger from the visit OF this airship.
The above statements are based on
the official report of the trip of the
airship CO.
a.x.x
There is included in your editorial
further statement that "as matter of
fact, IL the version of the trip given by
Captain Kepner, in command, is COR
rect, he is guilty of violating the
ordinance forbidding low flying over
the city, This office referred your
editorial TO Captain Kepner and quote
from his reply as follows: II have
given out no version of the trip indi-
eating a fight over Manhattan, and did
not fly over Manhattan
Is is believed that il this country
should be compelled to engage in an
other war the Army Air Service
would be called upon to play very
New-York tribune., 1922-09-03
Z. B. O. az Dramatic
C.rRic
talnIy looks that way TO an cid Tr,An..
reader. FRANK T.. EMERY
New York, Aug. 81, 1922.

New York, Aug. 81. 1922.
-----..s..
To the Editor of The Trgbpne
Sir. II ~ Young Tribune Eeaa..s !.
young man J weuld 1lke Rim Ia 81.
sider quietly what public opinion roep,
Is. Its power is irresistible when
is the opinion. Of the people. IL ass.
not need the medium Of ballo, !.
produce an efTect; the knowiedgs A. !.
existence is enough have mex a..
indications Of any strong sentimsss 1.
the anthracite strike. nga os &.
opinion that II Mr.. Lewis Isuew -.
Public--I mean the people as a body.
were against IL he never would ka..
dared act and talk as he did.
In 1902 public opinion wan bach :.
the President, and the Prssianns's an.
sestions prevailed: in 1929 no ss,.
thing existed, and the President ssa.
almost alone. Public opinion colnpels.s
She taking Of proceedings aaaiast 4,
Herrin murderers all over tbe ess.
try there was an cutlery sga az ss..
horror. But not so with the Anshu.
cite strike. Not chamber Of coz.
merce, not a board Of trade. two 81 81.
commoEest mouthpieees Of public oss,
ion. spoke. Not promiueat n,,
backed the President in or out sf pa,a.
zeal circles.
Is there any reason why he sbess
have been left almost alone sxe..,
that the people did not care9 III.
politicians were afraid.
AN OLD TRIBUNE READER
New York, Aug. 81, 1922
New-York tribune., 1922-09-03

Says PHOEBE SNOW
Inverstions 7sess,
II tried and trsse,
Are qssickIy f,sst 20 soork
for yoss,
To guard yotsr flight
BY day or night
Upon the Road
of Anthracite.
Evening star., 1922-06-23

BOSS & PHELPS.
\ Choice Selection OF Moderately Priced Homes
That Can Be Purchased on Easy Terms
s1o75o Chevy Chase. D. {.
shower aS fnt Sleeping lights.
So5oo Corner House. Mt. Pleasant.
m n Tn9sq9y s aTss, ] I dSs STs:
rear pc porches hot-Nater heat electric lights
$4,000. Cleveland Park
Delightfully."- DgshGsnia ] ia & ,yDs % cerna g
= AT SsSe n 1e sasa ope Ts % Spacious
s1o5oo 14th St. Heights
decided Ssrsaln Modern n satn asa hd ' e1eien, III heating %
snd side porhe Lot 4orioo
$3.50 Petworh. Vacant.
@ aas @ ] M O doors Aa a 1m ae s l.uni % %
efvsns m @ o @ @
$4,000. Just Off Dupont Circle
the attractive sqna, IN ,s seemed
% es.'s detail efSsS Many and added nSs rpsd
S1325o. Mt Pleasant.
sp,ens R:,n T fm
mediate
$3.50. Brand-New Homes
the section convenient to i4th e. car line,
n and double IN esT % poeSes @ %
SIo.5oo. 18th St.
~ An elsy % fS sme e having % large M Sos ' a
$3.50. Georgetown.
situated dwelling lot 4oIla'; entire
@ Son.sss ss ssa Ss % s s; ss
BOSS & PHELPS
"The Home of Homes.
1Ao6 n St. NV Main 454u.
i4'' MEMBERS OF BOARD.
Evening star., 1922-06-23
INSPECT

Open Daily and Sunday.
The Best Home Values
Offered in Washington Today.
BOO TO 826 L ST. NE.
6 rooms, tile bath, h.-w.l1.,
electric lights, double hardwood
floors, wash trays, servants
toilet, cement front porch,
double rear porches. Both with
and without built-in, heated
garages. For sale by
THOMAS A. JAMESON,
Owner and Builder,
oo6 N. Y. Ave. NV.
Main $3.50.
After $ PM. Lincoln 6I4o-W.
JUST COMPLETED.
Semi-Detached.
CLOSE TO 18th ST.
1343 RANDOLPH ST.
4 bedrooms baths.
Many porches.
Room for garage.
Wide lot to alley.
For sale by any broker or
THRIFT BUILDING co.
Main 76S. Union Trust Bldg.
Evening star., 1922-06-23

1900 H st. Main sss
REDUCTION OF $1,000
FOR A QUICK SALE.
will take $3.50 for either
1906 or 1897 Ingleside terrace
NV. (same as 10Th and Newton
sts.), provided a deposit is made
not later than noon Saturday,
July 7.
These six-room houses were
built to sell for SIo,75o and
$1o,o5o, but I could use a little
cash to good advantage if | can
get it quickly. The houses are
nearly completed and are mod
ern and we'll built, overlooking
Rock Creek Park. The new bus
line passes the door; also handy
to Mt. Pleasant cars. Here is a
chance to save ST. 900 or 81 200
if you can act quickly.
F. C. STEWARD. Owner,
1902 F St. NV.
Phone Main 8o7I or North 6I27.
lO2 18th St. N.E.-Vacant.
Here are three northeast houses that must
and will be sold at . sacrifce-lO2 18th ST..
Kennedy Davis built: ar. h., (. h.. box style;
price, $4, $50: cash. $3.50.
8O2 9th St. NE.
Sr., b., f. h.: two-story double brick ga
rage; price 81. 800; cash. 81. .O00
1907 I St n.e.-6 r., b., l. h.; price. $3.50;
cash. $500. Ruy. from SCHNEIDER. Exclu-
sive Agent, 303 Mass. ave. ne. Line. 430.
Evening star., 1922-06-23
F0R.sALE-H0UsES.
Continued.
MT. PLEASANT

Owner has Just listed with me for sale .
house which I consider by long odds the best
value In this desirable section. Eight large
rooms. hot-water heat. electric light; hard
wood floors npstairs and down: loft deep
sleeping porch; beamed ceiling dining room;
bullt-n refrigerator and vacuum cleaner sys-
TEN: maid's room. Price. 500. Phone Mr..
SrhaafY C0l. HRfA after a n m
Evening star., 1922-06-23
FOR sA1E-HousEs.

SOn1lnue0s
: BEST GEORGETOWN
"a. LOCATIONS.
.' A FINE BRICK RESIDENCE
NEAR CORNER 3lst AND r SITS.
~ DETACHED.
FINE GROUNDS.
LOT S0x1OO
OVERLOOKING THE OAKS"
ASST STsr sEGFEThRT ETReEAsEp OF Ff sTATE. LHT
FINE coNsTRucTioN.
ONLY $4,000.
- ON 31st ST. NEAR R ST.
BRICK AND STONE HOUSE.
10 ROOMS: ELE,FkIc1Sr FATT HoT~aIsH aS6 aIs HEAT
FINE iaMESfhTr HSnh: II TossEss1ds. saas sSpA'N'
LIEBERMANN & HAWN.
PHELAN G. HAWN, I42I F.
MAIN 2o21 PHONES MAIN 1851.
HERE IS A VERY
FINE BARGAIN.
TO AeQUICK BUYER.
'fhTck RRIck RESI- kEs1pESaR' nAshahNi
House u seoMs SokSkhs RAGHs IN wIbE bEA1GE1 af4hl
AsS SHE Has ATS SouR RhHEi hk1ck
GARAGES.
HOUSE RENTS FOR $75 MO.
GARAGES BRING $40 MO.
TOTAL MONTHLY RENTS. $11o.
PRICE FOR ALL
ONLY S13,5oo, WITH
ANNUAL RENTAL OF $3.50.
FINE HOME.
FINE INVESTMENT.
IMMEDIATE POSSESSION.
MODERN HOME.
NORTH CAPITOL STREET.
RLOOMINGDALE SECTION.
SIX ROOMS AND BATH
AND RECEPTION HALL.
METAL WEATHER STRIPPED.
NEWLY rArERED AND PAINTED
THROUGHOUT.
NEW AWNINGS AND NEW GAS. RANGE.
OWNER LEAVING CITY.
PRICE ONLY $3.50
ACCOMMODATING TERMS.
A MOST BEAUTIFUL
MODERN 8-ROOM BRICK
RESIDENCE on BEAUTIFUL
NORTH CAROLINA AVENUE Sc.
HOUSE % FEET WIDE.
HOT WATER HEAT. COLONIAL PORCHES
GAS AND ELECTRICITY.
ONLY $4,000.
ACCOMMODATING TERMS.
MAKE Us AN OFFER.
LIEBERMANN & HAWN.
PHELAN c. HAWN, I42I F.
NJ. 2o21-PHONES-M. 1881.
Evening star., 1922-06-23

663s GA. AVE = LARGE, OLD
frame house; beautiful grounds, lOOx
$50 IT. Less than assessed vaIua-
ton. on terms. Consider trade.
sO7 Allison ST.. petworth--Modern
Groom brick: attic; vacant: ideal
home; desirably located; cheap, on
terms. Consider part trade.
3tO2 11th st.-Modern, tapestry
brick: attic: vacant; practically new:
well constructed; bargain on unusual
terms. What can you offer In part
trade for equity?
351S Park place-Just north Park
road, facing beautiful Soldiers Home
Park. Owing to death, this property
has to he sold. Best Oner takes
equity. Possession.
GO v st. n.w.-s large, cheerful
rooms, newly decorated; new NJ.
lures; plumbing: garage, etc. Could
not he duplicated for $4,000. Re
duced to $3.50. on inviting terms.
Consider clear lot in part payment
for equity.
N. L. RYON CO.. INC.
Main 4591. 1423 ST.