Arizona republican., 1922-03-13
rhs New poesrins of ssess.lon

We can understand the main difficulty in the
way Of effective and complete prohibition when
United States opposes the disposition Of the
proposed nineteen new federal judges through the
country without regard to any differences OF senti
ment between the judges and the people among whom
they are sent respecting prohibition That is, it
appears TO be the notion OF this senator that it is
nothing snort OF an outrage impose dry judge
upon wet state.
This was not a privately expressed view Of the
senator. 1t was uttered in the Of remarks on
the floor Of the senate.
It was precisely the same if after the passage
OF the Thirteneth instead of the Eighteenth amend
nent senator had to protest against the en-
forcement of against slavery in those states
where there was lingering sentiment in favor OF
human slavery.
In some Of the border states there is tendency
toward smuggling, and smugglers like bootlesgera
have always enjoyed some local friendly support
With as much propricty senator from border state
might raise his voice against federal judge who, not
a participant in the local friendly sentiment would
be disposed severely to punish smugglers
The time has passed when may speak OF
"wetp states as it had passed when could speak
Of slave states Every state is now dry" state
in law by the highest law of our land, and II II
cannot be made dry in fact not only is prohibition
i fiction, but our constitution is a fiction
II the prohibition amendment had been put
through by "the skin OF its teeth or by trick, or
if it had been adopted suddenly and without fore
bought serious error would have been made in its
enactment. FOR no law be good law that is
not expressive OF the overwhelming mature thought
Of the people, Though the majority Of the people
NAV sometimes be wrong, and sometimes the ma
icritv has been wrong law which does not repre-
sent the majority is mistake
Rut in the case Of prohibition there no such
mistake The prohibition amendment was the cuinn-
na+;on of 4 movement which had been in active
nrorregs in various forms for three-quarters of
century. It was always forward movement and
The country either by statewide prohibition or by
local option was nearly -fourths dry. We are
neakinr now Of the area Of the country and not Of
its population.
As to the sentiment or the country by popula-
t;on that was to be determined later by the vote on
The ratification OF he Eighteenth amendment. That
vote was SO surprisingly enthusiastic and decisive
that the amendment written into the constltu-
ton more overwhelmingly than any other amend
ment. even more overwhelmingly than any OF the
original articles had been adopted by the states or
by the people.
Now if the doctrine that the constitution is to
be enforced by the states the degree only in whcn
the states desire that it shall be enforced we have
all been in error supposing that the principle Or
which the Civil war fought, was established as
the result OF that outlay OF blood and treasure II the
protesting senator is right the country Is pre-
cisely where it when the first gun was llreu On
sumter in the afternoon OF April IL, 1861
If the doctrine Of the senator Is to prevail theh
the men who died at Gettysburg that this nation
under God shall have new birth, and that govern
nent Of the people by the people for the people shap
not perish from the earth" died in vain.
II state may disregard one amendment OF ti'e
constitution it may disregard any other or Inc
whole constitution and the right OF secession mas
then been established.