Every evening, Wilmington daily commercial., 1922-09-26
PROHIBITION AMENDMENT.


Tho Eighteenth Amendment has
becn In operation about two years and
. half. II ls about time that we should
note the effect II has had on the pub
lie. and pay some attention TO It's dis
AstrouA consequences to the Coneti-
tuition Of the United States.
When the Constitutional Convention
Of 1887 had completed It's labors and
submitted the Constitution to the
States for their ratification there was
much d&ssattsfactfon with It because 1t
did not clearly specify what powers be-
lonEed to tho general government and
what powers wcre reserved to tho
States. Tho conventions OF several
states refused to ratify It on that ac-
count. An implied promise was then
made that II the states would ratify
the Constitution rs 1t stood a sufficient
number OF amendments would be pre-
ssntcd to Congress at tho earliest op-
portunity. to meet their demands.
Accordingly. at tho first session Of
the hrst Congress, which met In New
York City on the fourth Of March.
1889, the first ten amendments TO the
Constitution were proposed and re-
ceivcd sufficient number OF votes.
They wSre declared in force on Decem-
Der Is, 1871. These amendments met
all the demands OF the states and were
known as the ''Bill OF Rights" They
include variety of subjects but only
four will be given here as they have a
direct bearing on the subject
Fourth Amendment-The right OF
the people to be secure In their per-
sons, houses, papers and effects
against unreasonable searches and
seizure shall not be violated, and no
warrants shall issue but upon probable
cause, supported by oath or affirma-
ton. and particularly describing the
places 20 be searched and the persons
and things to be seized.
Eighth Amcndmant--Exce bafl
shall not be required, nor excessive
fines Be- imposed. nor cruel and un-
usial punishment inflicted.
Ninth Amendment-The enumcr-
alton in the Constitution OF certain
rights shall not be construed to deny
or dlsparage others retained by the
people.
Tenth Amendment-The powers not
delegated to the United States by the
Constitution, nor prohibited by st to
the states are reserved to the states
respectively or TO the people.
The Eighteenth Amendment COM
pletely nullifies the Tenth Amendment
and the strict enforcement of the Vol
stead law violates the Fourth and
Eighth Amendments. We see how un-
lawful searches and seixures have been
made. and how some Of the Judges in
our Federal courts impose excessive
ftnes. Moreover. the Vclstead lnw ie
vicious because It Is a cowardly piece
OF GLASS legislation. The rich man "A
allowed to stock his cellar, while the
man OF limited means, who cannot DO
80, Is liable to be hailed before t1e
court at any time for having more
than one quart OF liquor in his pos
session. That provtso WIS inserted
to st!le the opposition OF tho rich,
and % far II has worked very wen.
The Constitution, once the bulwark
Of our liberties. has been reduced to. a
thing OF shreds and patches
Washington. IN his Farewell Address
10 the American people. sounded a
warning against the adoption OF such
amendments to the Constitution. In
Cat address he said: The spirit OF
encroachment tends TO consolidate the
powers Of all the departments in one
and thus TO create, whatever the form
of government a real despottsm. II
in the opinion OF the people, the dis
tr1butaon or modification OF the con-
stitutional powers be in any particular
wrong. let it be corrected by an
amendment In the way which the
Constitution designs-but let there be
no change by usurpation. for though
this. IN one instance, may be the in
strun,ent OF good, Il is the customary
weapon by which free governments
are destroyed. The precedent must al
ways greatly overbalance in perma
nent evn any partial or transient bene-
nj which the use can at any time
yield"
How prophetic are the words OF
Washington, One could almos,
imagine that he were living ar the
present time. his description Of pres
ent day conditions is 50 clear.
Although the Eighteenth Amend.
ment was passed by constitutions
means. and although IL was declared
constitutional by the Supreme Court
1t ie still an amendment by usurpe.
ton because it usurps the powers OF
the States and tends to consolidate
the powers OF all the departments ir
one, and thus 10 create, whatever IN,
form OF government, a real despotIsn
and because * Is the cuetonar-,
weapon by which free government
are destroyed.
Senator Stanley OF Kentucky statet
his views very forcibly on that sub.
1ect before the Bar Association o.
New Jersey. In that address he said
The Volstead Act is but one OF 8
multitude OF sumptuary regulations in
volving complete revolution in, tn,
scope and character OF Federal leeis
lation, for whenever by amendment O,
otherwise you make centralized
government, not the citizen. the sourc.
and repository OF all power. you vii
no. have amended. you will hav,
abolished the Constitution OF tn,
United States"
President Harding is in favor of en-
forcing the law because il is the law
but in recent address he said
Contempt for the law in the Unite,
States is prevalent on a scale tha
threatens 10 undermine our YER,
foundations"
The Eighteenth Amendment is be
Ing violated because IL is unreasonable
1t Il legislation TO control the appe
lite Of man. That can never be done
1t is a subject that does not properI,
come within the scope OF any govern
ment. They might as well pass a Law