Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-01-21
VALIDITY ISSUE UP
TO SUPREME COURT
Arguments on Dry Amend
ment FiniShed-HugheS
Drops Out of Case.
BY the Associated Press.

BY the Associated Press.
The Supreme Court listened intently
today to arguments attacking and de-
Tending the validity of the eighteenth
amendment.
Surrounded by a calm sharply con-
trasting with the usual clamor of the
prohibition issue, the court took under
consideration the recent decision of
+ Federal Judge william Clark holding
the amendment invalid because i'm
properly ratified.
Solicitor General Thatcher, for the
Government, and Julius Henry Cohen
of New York, supporting the Clark
ruling, delved far into the history Of
the Nation for material for their argu-
mentS.
Chief Justice Hughes withdrew from
the case, announcing he submitted a
brief to the court when prohibition was
before 1t in 1920 and thus considered
himself disqualified.
The decision of Federal Judge william
Clark of New Jersey was based on q
contention that the amendment TO be
valid should have been ratified by State
conventions rather than by State Leg
islatureg.
u. s. Solicitor Speaks.
After brief preliminaries, Solicitor
General Thatcher launched into the
Governments argument.
He said it seemed clear that Article
of the Constitution had conferred ample
authority upon Congress for It's determi-
nation to refer the amendment to State
Legislatures.
He added the article was a mandate
upon Congress and left it free to use
its own judgment in determining wheth-
er the prohibition amendment should be
referred to State Legislatures or con-
ventions.
The solicitor general then reviewed
the decisions of the Supreme Court since
1924 to sustain his contention.
UphOIds Congress Action.
He insisted Congress was at liberty
TO determine in all cases whether a
proposed constitutional amendment
should be submitted to State Legisla-
lures or State conventions for ratifica-
ton.
The decision of the Supreme Court in
| the national prohibition cases deter
mined the question raised by Judge
Clark's decision, he continued
In that case New Jersey raised the
issues presented in the present case,
with the result, he said. that the
! eighteenth amendment had been held
valid by the Supreme Court
| The court in plain language had sup
! ported other constitutional amendments
against similar attacks, he added. In
| closing, he said:
MiscOnceptiOn Seen.
This attack against the eighteenth
amendment falls utterly and completely
to the ground because based upon a
| fundamental miSconception of the
character of the Government which had
been created by the Constitution
Solicitor General Thatcher took only
half hour in presenting the Govern
ment's appeal, although allowed two
hours
| Throughout the solicitor generals
discourse, the court RETAINED from in
terrupting with questions Usually the
justices interrogate counsel with great
| freedom
Mr.. Cohen said such an important
case had not been presented to the
court in years, and that he and the
other lawyers supporting him fully be-
| lieved in their cause.
! Originally there was no power in the
Government to prohibit or regulate the
sale of liquor, he said, except by ar
amendment comforting this power The
eighteenth amendment, he added, was Q
purported grant of such new power.
He said he would attempt to show II
was the intent OF the trainers of the
! Constitution to have such amendments
as the eighteenth ratified by conven-
tons and not State legislatures.