Evening star., 1932-01-26

point the eighteenth amendment Is as
much the law Of the land as any other
part of the Constitution, yet IN con-
sidering its resubmission it should al
ways be remembered that it cannot
claim the same sanction as the original
Constitution. The latter was framed
by the ablest body Of men that ever
attempted such a task, and they were
especially selected for the work. The
Constitution, as thus submitted and
ratified, contained the names Of George
Washington, Benjamin Franklin, Alex
ander Hamilton, James Wilson and
James Madison, and other of the i'm
mortal &c." I may add that not one
of them would have favored the eight
eenth amendment, and IL they could
have conceived of it as a future posi-
bility it is probable that they would
have abandoned any attempt to form
a central government that would die
tate to the citizen what he should
drink.
The eighteenth amendment was pro-
posed to the people in time OF great
hysteria, by a few hundred Senator'S
and Representatives who had not been
elected for such purpose, and 1t was
ratified by a few thousand State legis-
lators who, likewise, had not been
elected with any such mandate.
Moreover, the work of the constitu-
tional convention was the free express
sion of the able men WHO created this
Republic, while it is an unqueStioned
fact that the eighteenth amendment
was submitted and ratified by many
Legislatures under moral dureSs. In
deed, the eighteenth amendment was
bootlegged into the Constitution and
;,oR q
of corruption. hypocrisy and disrespect
for law such as never before existed
in our history.
Apart from this fact, no law which
interferes with individual liberty can
ever be enforced, unless sustained by
a greatly preponderating public senti-
ment. The old Jewish Talmud was
philosophically correct when it said
that custom rises above law. The same
truth was voiced by the greatest politi-
cal philosopher of antiquity, Aristotle,
when he said that laws and even con-
stitutionS could never be enforced II
contrary to the ethos, meaning the
spirit or genius of a people. This his
tory of sumptuary laws in all ages
proves this fact.
Blamed for Lawlessness.
There is a final reason for such re-
submission at this time. Prohibition
is not the only issue before the Amer
lean people. We are living in very try
ing times and have many difficult prob
lens. The question is not a partisan
issue. and If resubmitted to the people
it will go far to clear the decks for
other important public policies. More
over. the failure to submit will simply
intensity the revolt against the law and
the i'll feeling which now exists between
different classes of people. Until thus
resubmitted the question becomes an
irrepressible one, like the old slave
question.
Unfortunately it is within the power
of a minority of the American people
to block the repeal or modification OF
the eighteenth amendment Sixteen
States, with less combined population
than that of my native State, Pennsyl-
vania, can undoubtedly defeat the re-
peal of law which is favored by a
large majority of the American people.
as resubmission would demonstrate. If
thus blocked, the fanatical "drys" need
not suppose that the American people
are powerless. They are not yet the
helpless slaves of system of mora
bondage They still have the ancient
power of the English-speaking race
over the public purse, and II their