The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1930-01-18
New Yorker Contends Provision
Never Properly Ratified
by States
MUST BE APPROVED AGAIN
Reratification Required Within
Seven Years, by Third
Section Joker

Washington, Jan. 18.-R-Arguine
that the eighteenth amendment had
by its own terms become invalid,
Representative Laquardia, Republi-
can, New York, today raised a point
Of order against appropriations for
prohibition enforcement included in
the pending treasury-post office sup
ply bill.
The New Yorker contended the
amendment had never been properly
ratified, basing this assertion upon
the third section of the amendment
which says the amendment shall be
imperative unless 1t shall have beer
ratified as an amendment to the con-
stitution by the legislatures Of the
several states, as provided in the con-
~stitution, within seven years from the
date Of the submission thereof to the
states by the congress-"
This section. he said, came into
force when the amendment as a
whole was first ratified by SO states
Coming into force at that time. he in
terpreted it q stipulating then that
it must again be ratified by SO states
Or at the expiration Of the sevcn-year
period the entire amendment became
imperative. Ten states, he said, had
gone through what he saw as the
necessary procedure Of a second rati-
fication.
Cant Crush It Aside
Asserting I'VE cannot ignore section
! three or brush it aside as meaning
less" Laguardia said we cannot &C.
! cept the theory which some will urge
| that it had reference to the ratifica.
| tion Of the amendment and has nov
no force n effect"
! The section must be construed, HI
said, with the same rules of construc.
ton applicable to other sections o,
the amendment. The mere fact, he
continued, that the section described
the method of REHABILITATION to be
the same as that required for orr
ginal ratification indicates section
three is a novel provision In u con-
stitution limiting the life Of the
eighteenth amendment unless certain
contingencies in the future shall
have taken place."
Laguardia described how the ORR
ginal amendment, now section three,
was offered in the senate by the late
Senator Harding of Ohio. providing
q date before which the amendment
must be ratified.
Doubt At Time Of Vote
"There was great doubt" the New
Yorker said. lin the senate as well as
in the house as to the force and ef-
feet of section three as part of the
constitution and as to its meaning
ss such should the amendment be rat
flied. Congress voted for it with its
eyes open. The amendment was SUBJ
mitted to the states under the pro-
visions of the constitution as it then
existed. If this particular amend
ment had not been ratified within
even years there was nothing to pre-
vent the states from ratifying 1t lat
er.
80 that. to say it is applicable only
to the date or time Of original SUBJ
mission, has NJ force. for the states
were not bound to any such Nmita-
ton until section 3 became a part Of
the constitution itself. That being
SO. it cannot be said then it Is appli-
cable to something that has already
happened. Section three necessarily
means the article must again be rati-
fled as therein provided In the period
therein provided, or else become In
operative a therein provided"