The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1932-12-12
JUDGE WARNS
$50 men COULD
BLOCK REPEAL
Act by Convention, Don't
Let Legislatures Act.
He Urges.
CONTINUED From Page Onel

to enforce.
Two years ago. Judge Clark ruled
IN scholarly opinion based on de-
veloping political science as well as
constitutional construction, that an
amendment, such as the eighteenth,
which affects a transfer of power
from the individual states to the
United States" could be legally rati-
fed only by conventions called for
the purpose. He referred to the
state conventions that adopted the
Constitution for precedent.
Even if this decision meets with
a cold reception in the appellate
courts" Judge Clark wrote, 1--WE
hope that it, at least, will have the
effect of focusing the country's
thoughts upon the neglected method
OF considering constitutional amend
ments in conventions"
Vets Still Have Much Work
Until December, 1880, prohibition
reformers had ignored the alterna-
tive clause in the fifth article,
which leaves to congress the option
of directing Publications either by
legislature or convention. After
ward, the convention technique was
accepted as vital item in the wet
reformists methodology.
Today Judge Clark believes the
vets still have work cut out to save
the convention technique from dry
attack and intrigue in Washington.
THE naked repeal which the
majority so Enthusiastically voted for
in electing Roosevelt, and an over
whelming wet congress will be lost
If congress elects to entrust ratif-
cation to the legislatures" he said.
Legislatures are elected, at least
in part, in all states on an acreage
rather than a population basis. That
fact is we'll known.
DRY voters predominant in ru-
raj districts, which have dispro-
portionate voice in legislatures.
Take New Jersey as an example
We had a state prohibition en-
forcement act, the Hobart act. The
lower house of the legislature voted
to repeal the Hobart act by a ma
jority of 7 to /. That house is
elected on population, not acreage.
Repeal of the Hobart act consistent
ly was defeated in the senate, and it
required referendum finally to re-
move it from the statute books.
THE Anti-Saloon League has es-
timated for years that $50 state
senators strategically located in
small, dry states would be able to
block repeal of the eighteenth
amendment"
Warns on Modification
Viewing the controversy dispas-
sionately, Judge Clark believes that
the vets face numerous dangers in
Washington. One is that, the fight
for legalized beer may divide their
forces; another, that the drys, whose
ability as political tacticians he does
not deprecate, may be able to delay
and compromise proposals to weaken
the repeal forces.
The vets, he holds, would be wiser
to reserve their most effective fire
for repeal, and not waste it on beer.
THE proposed repeal or modifi-
cation of the Volstead act" he said,
lis controversial. Furthermore, such
action will be subject to review by
the supreme court. 1t is possible
that modification act may be held
unconstitutional That would COM
plicate the situation.
Sacrifice Repeal for Beer?
"It likewise is possible that in
lobbying for beer, or beer and light
wines, that part of the vets may
be persuaded to enter into deals
with the drys. They may sacrifice
repeal for beer.
For example, two of the most
powerful Hobbies are those of the
brewers, and of the American Fed
Grafton of Labor. 1t is possible, al
though I make no attempt at proph-
ecy, that the brewers, satisfied with
beer, might be willing to trade with
the Anti-Saloon League forces.
AN alliance between the brewers
and the Anti-Saloon League?
Stranger alignments than that have
occurred in Washington"
The brewers, it was observed, are
lobbying for the unrestricted sale of
4 per cent beer-as a soft drink
in soda fountains restaurants and
groceries. They, presumably would
be wholly satisfied with an amend
ment of the Volstead act allowing
them to vend beer and might, in
exchange for votes, agree not to
press with other aiiti-prohibition
clements for the convention method.
The same course of reasoning was
applied to the problematical attitude
of organized labor.
Delay might, it was suggested,
work to the advantage of the Anti
Saloon League and allied bodies.
With beer legalized, the dry lobby
lists may be able to defer action
without too much risk of public
clamor. The lag between November's
expression of the public will may be
artificially heightened.
Distrusts Compromises
Bishop E. C. Richardson of the
Philadelphia Methodist Episcopal
area, president of the league, sum-
married. the dry position in an adj
dress at the anti-repeal conference
last week in Washington. He said:
when the furore aroused by the
indiscriminate use of large sums OF
money contributed by wealthy peo-
ple has died down, and the country
has come to a sober second thought,
it will be glad to have the eight
eenth amendment in the Constitu-
ton"
Judge Clark, dubbed the hero of
repeal in a recent New York City
newspaper headline, agreed with the
Anti Saloon League officials that
delay will be useful to their cause.
Then the legislative battle may
enter the field of compromise. Judge
Clark mistrusts the prediction of
politicals toward compromise-to-
ward satifying every one.
ELsIIS T