Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-03-07

Decision by the United States Su-
preme Court that the prohibition
amendment was properly adopted by
| the States is declared by the country
to have been expected, and 1t Is recog-
nized that Federal Judge William T.
Clark of New Jersey was dealing In
technicalities which could not be ef1ec-
tive in multiplying part OF the Con-
stftution. The contention OF the lower
court that the convention method OF
ratification has merit however, Is ac-
cepted by q part of the public as
reasonable and a proper subject Tor
future consideration.
"The proposition that part OF the
Constitution might be unconstitutional
was so spectacular that few among the
radical vets can have had very high
hopes for the fate of the decision once
It reached the Supreme Court" thinks
the st. Paul Pioneer Press, while the
Kansas City Star. remarks that the
supreme Court unanimously has re-
versed him, by implication repudiating
his effort to rewrite an article OF the
Constitution in conformity with his
personal views on political science.
The Cleveland Plain Dealer holds thar
"the Clark decision and its reversal was
not even a skirmish," and the Indian
apolis Star feels that the lower court
decision struck even the most ardent
opponents of prohibition who were
grasping at straws as Offering little
chance for reversal of the dry policy Of
the country"
"What may be surprising Is that any
person actually could believe that the
eighteenth amendment ever Will De
upset by a legal technically" AYERS the
Little Rock Arkansas Democrat. The
Lexington Leader states: las matter
of fact, the Supreme Court, In 1920, had
already decided that the amendment
was legally adopted and was in every
sense a proper exercise OF power on the
part of Congress and of the people
| through their Legislatures. No one who
was not influenced by prejudice expected
the court to reverse ITSELF" The Wor-
cester Telegram hopes that this de-
ciSion will end the many attempts 10
convince people that the eighteentn
amendment is unconstitutional tnaI
"silch attempts have merely brought
confusion and have not in any way
helped to solve the vexing liquor
problem"
"Without examining the merits OF
Judge Clark's decision" states the MIL
waukee Sentinel, st may be pointed out
that the Supreme Courts decision Is IN
accordance with the recent tendency Oh
that august body, which grows more
pronounced as the years go by. to be in
fiuenced strongly by public policy rather
than to cleave to the letter OF the law.
And even the great body OF citizens
which abominates the efghCeenIh
amendment and all the abuses 1t mas
nurtured must concede that the tend
ency in the Supreme Court is good;
that it encourages that progressVenesS
of law without which, as the great
Roman jurist, Ulpian, pointed out l,IOO
years ago, Justice cannot outlast the
generation that installs her."
There was vastly more to 1t, advises
the Pittsburgh Post-Gazette, than
mere academic difference of opinion.
Numerous commentators pointed out
that if Judge Clark had been upheld
there would be the anomaly that the
Constitution itself might be disclosed as
unconstitutional. If amendment x
should be found to nullify amendment
". then every other amendment might
be capable of knocking out another.
There would be confusion worse con-
founded. There might be some comfort
in finding that we did have a United
states Senate, through Its having been
elected under an invalid constitution,
but on the same grounds we also would
not have President or any other public
ofIscer. The Clark ruling might have
made hash of the whole constitutional
structure"
'aThe doctrine upon which Judge
Clark's decision was based was too finely
spun to have any weight. declares the
| Charleston (S. CO Evening Post, with
| the conclusion that "the Nation is not to
be rid of its folly by so simple device
as an adverse ruling by the courts
against the method Of adoption, nor
should it be-" The Birmingham News
offers the analysis of the matter: I'm
holding the eighteenth amendment In
valid because IL was ratified by State