Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-12-26
Anti-P Prohibition Decision
Classed as Purely Academic

Some Americans hold that Federal
Judge William Clark Of New Jersey by
ruling that the prohibition amendment
was not legally adopted has failed in
his Interpretation of the Constitution.
Others regard his argument in favor of
approval by conventions in the States
as a brilliant and logical discussion of a
fundamental question, but believe that
the United States Supreme Court would
rule against him, because Of the posi-
BILE effect on the Constitution in other
respects. A third class, assuming that
the point raised is new, await the deci-
sion Of the highest court with great
interest Critics of Judge Clark view
the discussion as purely academic in its
revival of ideas held by some trainers
Of the Constitution.
His decision is the opinion Of one
judge only, and 1t will come before the
highest court" says the Albany Evening
News, pointing out that "the Supreme
Court has already passed on the consti-
nationality Of the amendment, although
perhaps not on this precise point, and
1t Is hardly likely that it will reScind
its decision The st. Paul Pioneer
Press advises that "the total results
after the higher courts have reviewed
the decision in all likelihood will be that
an interesting discussion was started"
Testimony to the interesting nature of
the point raised is given also by the
the latter describing 1t as somewhat
amazing"
"Prohibitionists are not seriously con-
cerned and anti-prohib itiontstS are not
seriously elated over the decision" con-
tends the Charleston Is. O. Evening
Post, with the conclusion that "the
Constitution Is construed with great
liberality by the Supreme Court when
questions Of a political character are
involved, and this prohibition busi-
ness is most decidedly political in its
character, and Is to be determined by
public opinion and not by juridical de-
cree" Arguing that the "wetS, while not
abandoning the hope Of support in the
higher tribunals, await the verdict with
out much enthusiasm" the Salt Lake
Deseret News states that "the legal issue
will be carried forward by the drys with
all speed and earnestneSs."
X X X
1.-THE decision must be Of academic
interest" thinks the Milwaukee journal.
1T Is not strange, with vast numbers of
people dissatisfied with prohibition, that
an attempt should be made to under
mine the foundations OF the law or that
Judge should be found to give the
When a law Is unpopular, but not I'M
popular enough to insure direct repeal,
its opponents may be expected to ex-
plore the bypathS for possible relief.
Such bypath has now opened. Those
who are walking it with Judge Clark
doubtless see rosy visions, but it rests
with the Supreme Court to decide
whether traffic may be resumed. Even
the most Sanguine may well doubt the
Supreme Courts approval"
Article v of the Constitution" ac-
cording to the Houston Chronicle, duly
ratified by the people more than hum
dred years ago, Is part of the ConSti-
tuition, and to hold that the power there
given to Congress to determine the mode
Of ratification does not in truth give
that power is just monkeying with the
organic law" The Cincinnati Times
Star comedies that Judge Clark has
raised and brilliantly argued an inter-
esting point" but maintains that "the
way to get rid of the evils of prohibi-
ton is not through the judicial branch
Of the Government" The Ann Arbor
Daily News dismiSses the matter with
the statement: 1T answers no ques-
ton; it merely raises one" The Madi-
son Wisconsin State Journal records
that 1.-The view is almost unanimous that
the amendment will not be wiped from
the statute books by court constrllc-
ton"
Although. Judge Clark has been
hailed Is q liberal judge, his theories
about the way to amend the Constitu-
ton would, II put into practice, prove
excessively conservative, NJ suggests the
Jersey City Journal. The Youngstown
Vindicator states, eff Judge Clark's
decision helps to bring it about that
amendments viii be made hereafter only
by State conventions, expressly called
q very real service"
1.-THE arglament Is not lightly u be
dismissed" SaNu The Buffalo EVeulDN