Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-12-26

News, that the power Of amendment
should not be given to something less
than 1900 men, who, under pressure Of
an organized minority, may vote against
the convictions Of the majority Of those
whom they represent" The Philadel-
phia Evening Bulletin states that "even
| If the opinion rendered shall be set
aside, Judge Clark will have rendered o
| national service in focusing attention
on q point of constitutional obligation
that ought to have most careful and
serious consideration. That paper
agrees that "the opportunity for effec-
tive argument will come before Congress
and the people in support of a more
satisfactory submission Of amendments
In the future"
''If Judge Clark Is wrong in his con-
tention that the amendment has never
been properly ratified" asks the Fort
Wayne News-Sentinel, then why did
/ the Constitution stipulate two ways
by which the Constitution could be
amended? Ratification by State legisla-
lures, we think, was provided as .
means by which sovereign powers Of the
State governments could be surrendered
to the Federal Government, but ratifi-
cation by conventions was established
as the only proper means by which
powers reserved to the people could be
sacrificed to the National Government"
X y X
zone needs no legal training" thinks
the Little Rock Arkansas Democrat, ito
appreciate the wisdom of the judges
statement, We have often wished for
some statute akin to that of mortmain
to remove the dead hand of tradition
from the domain of ideas
When Judge Clark talks of the dead
hand Of tradition he strikes respon-
rrv, ~ TNra1I
looks forward to the final decision in
the highest court with the thought that
there Is always the chance that final
decision may be a big surprise" The
Passaic Daily Herald states that what
the Supreme Court will do about 1t Is
any mans guess"
Recalling the Wadsworth-G Garrett
resolution "for the addition of pro-
viso to Article v Of the Constitution
which would require the election OF at
least one branch of q legislature before
acting on q proposed amendment" the
Boston Transcript adds that the reso-
luton els still before Congress, and
concludes that perhaps in the ultimate
working out 1t may be found more
practicable for the people to act Through
State conventions in certain cases than
to go the whole distance implied In the
Wadsworth- Garrett resolution.
Court to upset long established inter-
probation and resultant practice" de-
clares the San Francisco Chronicle, ad-
ViSing: I'm view of the effect on other
constitutional amendments which might
spring from Supreme Court acceptance
of Judge Clark's opinion, we can under
stand his rather transparent lack OF
hope that he will be sustained by the
Supreme bench" The Dallas Journt
Il SNfx dc
ment for the cause assigned would Sert
ously cloud the validity of other opera
tive amendments and might develop
endless complications.
Voicing the opinion that "the eight
zenith amendment Is altogether consul
tutional," the Akron Beacon-Journal
advises that Judge Clark seems to have
decided the case before his court in the
light Of what should have been done"
"The whole idea may be academic.
The amendment still lives and operates
at the same old stand, despite Judge
Clark's technicality," AYERS the Savap
nah Morning News, and the Chicago
Daily News comments: "1tTemains Tor
the Supreme Court to decide whettf@
as Judge Clark suggests, the tenth
amendment to the Constitution ACTUALLY
limits, and was intended TO limit, tho
authority Of Congress to choose tia
metQOu Oh cIIcCtlIlB IebA11Ctht1V1 VI COAs~
stitutional amendments. Do the words
used in the tenth amendment justify
the contention that conventions werc
contemplated in its reference TO tho
people? Has any Federal court ever
rendered a decision that can be citec
in support Of Judge Clarks important
distinction? The judicial answers to
these questions thus far have been
negative, and even lawyers opposed TO
prohibition are forced to admit that
they do not really expect the Supreme
Court to af1rm the Judgment or uphold
kha reasoning Of Judge Clark