Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-03-17
18TH AMENDMENT
FIGHT SDOUBTED
Lawyers Hold Gouverneur
Morris Letter Will Have
Little Effect.
BY the Associated Press.


Possibility Of a Supreme Court re-
view Of the constitutionality OF the
eighteenth amendment on the basis
Of a recently discovered letter, writ
ten by one active in public life at the
time the Constitution was drafted,
was viewed obviously today by law
yers familiar with the proceedings OF
the Nations highest tribunal
While the letter, yellow and faded
by the 1873 years that have passed
since II was penned by Gouverneur
Morris, was presented formally yes
terday to the New York Legislature
at Albany in a petition, constitutional
lawyers here were inclined to believe
the communication failed to raise suf-
ficiently meritoriOus questions to bring
about another decision on the amend
ment.
Letter Found in Book.
Eliot Tuckerman. New York law
yer and former member of the
Legislature. transmitted the letter to
Albany, with acknowledgment of his
inability to take direct action In
Washington. He, however, contended
that the letter found in book. THE
Life of Gouverneur Morris" by Jared
Sparks, itself nearly century old,
upholding the prohibition amendment
had acted in contradiction to the in.
tent of the drafting of the Constitu-
ton.
Tuckermans petition was referred
to a committee and so far there has
been no indication what action those
opposed to the eighteenth amendment
may take, although it is believed that
this is the first time their attention
has been directed to the letter.
Depends on One Phrase.
The petition contended that the
whole constitutionaDty Of the amend
ment depended on the mea ming of one
short phrase in the fifth article of the
Constitution. which deals with the pro-
cedure by which amendments may be
adopted. This says Congress shall pro-
pose amendments whenever two
thirds of both houses shall deem it
necessary"
Tracy, then a United States Senator
said that the idea that two.thirds of
the whole number Of Senators and OF
the whole number of Representatives
are required by the Constitution to
propose an amendment is certainly
correct" Tuckerman reminded the
Legislature that the eighteenth amend
ment was proposed by two-thirds Of a
ma jority of both houses, but not by
tWo-thirds of the whole memberships.
Court Must Consent.
Impressed with the Supreme Court s
oft-repeated procurement that the
amendment represented the sentiment
of the people. and the earnest support
which the court has given to its en-
forcement, court observers declared
that something more than a technical
construction given the Constitution by
one of it's trainers would be required
TO reopen the matter.
Discussing methods of bringing the
question again before the court. the
suggestion was made that in all proba-
bility it would have to come in petit
ton asking permission to raise the
issue. thus leaving the matter of grant.
ing the permission entirely to the dis.
erection of the court
While under the Constitution New
York State could itself come into the
court as litigdnt in certain appella mt
proceedings, il cannot seek the juris-
diction of the court in such a case as
is involved in testing the prohibition
amendment. without il is declared, OBJ
tanning the consent of the court