The American issue. [volume] (Westerville, Ohio) 1912-19??, 1928-02-01

hibition There Is, in fact, no prohibi-
ton question in the sense that the policy
of prohibition is an issue. The people Of
this country have already settled that by
putting into the Constitution provi-
sion prohibiting the manufacture, sale or
transportation OF intoxicating liquors for
beverage purposes within the United
States and all territory subject to its jur-
isdiction.' The real issue, the fundamen-
tai issue, is: Shall the Constitution and
the laws of the United States be respected
and obeyed by the people and by the
duly constituted officers of every state
in the Union? Or shall state in its SOW
ereign capacity be permitted to disregard
any part of the Constitution of the Unit
ed States which it elects not to obey?
Obtained Legally and Sustained by High
Court
Before l discuss the question it is inn
portant to review briefly the history of
the Eighteenth Amendment. For more
than fifty years those who favored prohi-
bition proceeded by lawful and consttu-
tional means to win public opinion to the
adoption of the policy they advocated.
During those fifty years they were forced
to submit to the will of an adverse major
ity, which was not yet ripe to follow their
counsels. However unpalatable that sub
mission and however obnoxious the evil
which they sought to suppress, they re-
sorted to no violation OF law to secure
their ends. They were content with a
campaign of education and persuasion
By the slow but resistess enlightenment
of public opinion they finally reached their
goal and the legal steps which the con-
stitution prescribes for the adoption OF an
amendment were duly and solemnly taxi
en- How was this done? First by secur-
ing such overwhelming support OF pub
lie opinion that by two-thrds vote IN
each house in the congress OF the United
States, resolution was adopted submit
ting to the fortyeight states the Eight
zenith Amendment for their acceptance or
rejection The Constitution requires that
the legislatures of three-fourths of the
states shall ratify an amendment before
it becomes a part of the constitution. In
the present instance the legislatures OF
forty-six out OF the forty-eight states, act
ing independently, ratified the Eighteenth
Amendment, and thus it became, in jan
uary, 1920, part of the supreme law
of the land. The validity of the amend
ment was at once attacked in the courts
by the state of Rhode Island, and certain
brewing and distilling interests. In the
Supreme Court of the United States, en-
inent counsel appeared on both sides,
among them CHARLES EVANS
HUGHES, in support of the amendment,
and ELIHU ROOT against it. The case
was ably and exhaustively argued. The
Supreme Court delivered a decision up
holding the validity of the amendment
and putting a quetus on every legal tech
nicality and question by which skillful
lawyers attempted to impeach it. The pol
icy of prohibition is, therefore, firmly an
chored in the Constitution, and every
unlawful effort on the part OF any indi-
vidual or group or on the part Of SOW
ereign state to thwart or defeat it is in
direct contravention of the supreme law
of the land,
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