Evening star., 1923-02-22
SAYSU.S. SENATORS
ARE NOT LAWFUL
Texas Failed to Properly Rat
ify 18th Amendment,
Speaker Declares.

Liberty bonds are not Vald-the
declaration of war was not legal
there is IA Senate of the United States,
but no lawful senators-and the sew
enteenth and succeeding constitution
81 amendments are not legal
Because Texas. one OF the thirty
Sin states needed to ratity the seven
teenth amendment providing for dl-
rect election of senators was not
equipped in its Legislative houses L"
do SO for the reason that the l@glS-
IatorS of that state do not Gas re-
quired by the federal Constitutionl
ton.
This is what Walter Holland of
Texas, constitutional lawyer. told
members of the Optimist Club at a
meeting in the City Club today, and
William Tyler Page clerk of the
House of Representatives. succeeding
him on the floor, pronounced this a
serious question"
Quotes From Constitution.
Mr.. Holland quoted directly from
the Federal Constitution and from the
constitution of the state of Texas. to
support his proposition. He called
attention TO clause 3 of article VI of
the Constitution which provides that
members of the legislatures of the
several states shall take the oath to
support the Constitution.
Then he quoted from article 16.
section |, of the state constitution
of Texas which prescribes the oath
of executive. legislative and judiciary
officers of the state. which says that
such officers shall swear faithfully
and impartially to discharge and per-
form all duties incumbent" on them
as holders of their fespective offices.
'agreeably to the Constitution and
laws of the United States" but no
direct reference is made to swearing
to support the Constitution of the
United States.
Ratification UncOnstitutional.
The conclusion that Mr.. Holland
drew WAS that the seventeenth
amendment WAS not valid. since the
Texas ratification was not made in
accordance with the Constitution. He
followed up by stating that since May
81. 1913. the Senate has not been le-
gally constituted. since the amend
ment was put into effect on that date
The Senate has existed, he said but
there have been no senator's.
The result is that there was no
legal declaration of war: no valid
issue of liberty bonds; no succeeding
senators to consider and present an
amendment to the states for ratifica-
tion and other ramificatfonS.
Mr.. Page. who followed him, de-
ciared that such technical PROPOSE
tions and errors We're prevalent in
the history of constitutional govern
ment of the United States. but that
they had never amounted to anything
more than questions.
RnmificatiOns Too Great.
Mr.. Holland mentioned the fact that
he had brought the question up to
representatives of a number OF or
Sanizations interested in the move to
repeal the eighteenth amendment
but they found the ramifications too
great to allow serious consideration
Of taking up a test case on it.
Mr.. Page recited the "Americans
Creed" of which he is the author.
Maj. Johnston of the judge advocate
generals office of the War Department.
told the club what was meant by the
word "discipline,' as follows:
Interest leads to study: study gives
knowledge knowledge makes power ::
power brings confidence; confidence be-
gets loyalty: loyalty make unity unity
brings the result, perfection in men,
which is called discipline in the Army
and efficiency in civilian, commercial
and industrial institutions
President A. NJ. Fisher presided at
the meeting.