Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-03-25
Roofs Amendment
Position Held Sound
To the Editor Of The Star:

To the Editor Of The Star:
In regard to the proposed suit by
Rhode Island to challenge the validity
of the eighteenth amendment on the
ground that it was not submitted to the
people at constitutional conventions, the
press of March % quotes Senator Borah
as saying that such contention IS
absurd, and that the vets ought to
have based their challenge on Con-
gress' overstepping of the CONSTITUTION
by imposing the Seven-year limit Wnen
no limit is allowed under the Const-
tuition. and also expressing surprise that
so eminent wet as Elihu Root mad not
raised it instead Of attacking on other
lines.
A moments consideration will show
that the absurdity of position belongs
to Borah, and not to Root. and the
LEGISLATURE of Rhode Island in indicat-
ing the line of attack in the bill author
i2ing the suit
The Supreme Court has held in many
cases involving the issuance OF ponds
by municipalities that when such ponds
are issued under constitutional law
and the power to issue is unqueStlonable
the bonds will not be invalidated be-
cause of any irregularities in comply
ing with the law under which they are
issued, but where there is want OF
power in the municipality to issue at
all such bonds are invalid. and no
amount of regularity in compliance with
the law can validate them. Speaking
from memory, this was declared to be
the law by the Supreme Court In
case involving bonds of the town OF
Evanston, Ind, and also in the case OF
Union Bank of Richmond VS.. Town OF
oxford
Senator Borah doubtless overlooked
the fact that the Supreme Court has
already upheld the power OF Congress
to attach time limit for the ratiilca-
ton of an amendment to the Constltu-
ton in the case of Dillon V. Gloss, 700.
U. S. 1868, in which it held that the
seven-year limit within which the
eighteenth amendment must be ratifled
was reasonable.
Applying this by analogy to the eight
eenth amendment, If it was proper
amendment and within the Dower
of the Congress to submit to the States
for ratification, and was ratlfied by
three-fourths of the States, no amount
of irregularity in its submission would
affect its validity. and all irregularities
would be cured by the ratification.
Mr.. Root was too sound and able
lawyer to have overlooked any prac-
ticablc line of attack in the suit brought
by him to test the validity of the eight
zenith amendment. He doubtless con-
sldered this point and discarded 1t as
not only futile, but as one calculated
to iniure his case rather than help it,
because of its utter triviality.
The contention of Mr.. Root in nut
shell, which was perfectly sound, and
the only possible ground of valid attack
upon the amendment, was that the
amendment was attempted legislation
under the gliise of a constitutional
amendment, and was therefore not
properly an amendment of the Consti-
tuition, and also that it deprived those
States that refused to ratify it of the
powers they never delegated to the Fed
eral Government and which they ex-
pressly reserved to themselves In the
Constitution, and which were never to
be taken away from them except by
and with their consent. If this con-
tention is sound, and there is no doubt
of 1t, in my own mind. there Is then
but one way by which the Federal Gov
eminent can rightly acquire these re-
served rights of all the States and that
is by a surrender of them by all of
the States in constitutional conven-
ton called for the purpose and attended
by all the States. and In which all the