Evening star., 1932-11-13
REPEAL MACHINERY
COMPLICATED PLAN
Parts of Required Action May
Mean Special Acts by
Congress on States.
BY WALTER TRUMBULL.
Special Dispatch to The Star.


graduate faculties at Columbia Univer-
sity. believes that the ultimate solution
Ct present prohibition evils lies in the
repeal of the eighteenth amendment.
Asked for the precise machinery by
which that amendment and the Volstead
act could be done away with, he said;
You can't couple those two things.
They are entirely different. Tne
Volstead act could be amended almost
instantly, but the whole subject OF the
repeal of the eighteenth amendment is
q highly complicated matter. Amend
r1ents to State constitutions have been
repealed, but, in the case of the Con-
stitlltion Of the United States there
not orlv never has been an amendment
to repeal an amendment, but there
never has been any amendment wnlcn
has mentioned any other part OF the
Constitution.
Repeal" continued DR.. McBaln,
s'hrst would require tWo-Ch1rdS ma
iority in each branch Of Congress Tnen
Congress would decide whether the act
would go for ratification to the StaIe
Legislatures or to State conventions
The law in this regard reads, as Con-
press shall direct Congress IN the
mast always has sent constitutional
amendments for ratification to the
LEGISLATURES, but it is my opinion tnat
in this case the amendment would De
sent to conventions"
Absolutely No Precedent.
Gould the President veto repeaI?"
Or. McBain was asked.
No" he answered. Such an amend
Ynent is not submitted TO him and the
Supreme Court has held that 1t neeo
not be-"
If repeal were sanctioned by CON
sress and then sent to State conVen-
finns for ratification" said the inter-
viewer. what would be the next stepg
when would such conventions be
called? Is any time set for calling
them within a certain period after re-
peal is approved by Congress!
There is absolutely no precedent,
renlied DR.. McBain. There is no way,
of course, to compel any dry State 10
call 2 convention There is no pro-
vision governing by whom it should be
called. For the holding OF a conVe1-
tIon a State naturally would have 10
make provision and appropriate money.
1T is true" went on DR.. McBaln'
sthat most States have provisions Tor
the details of calling State conventions,
DUG some SLhISS I1dNC AAO oA~AA -
visions. Congress would have TO MAKE
some sort of general law. 1t might say,
'in such States as have provision Tor
the calling Of a State convention, the
usual procedure shall prevail 1t
might say. there shall be q convention
in each State consisting OF so many
members from each congressional dis
trict, or. so many members to each
Congressman
Can't Force Governors.
DR., McBain called attention to the
fact, that, owing to the reapporClon-
ment of Congress, certain States nave
no congressional districts, but elect
representatives at large. He said that
under present conditions there was no
time set for calling such conventions
within a certain period after repeal,
but that Congress might possibly set
one. But he also pointed out that In
certain States Legislatures meet only
every four years, while in others they
meet every two years and in still others
every year. Congress could not COM
pei them to meet. Special sessions OF
State Legislatures may be called only
by the Governors Of such States. A
dry Governor might constantly delay
the calling Of special session, al
though the Legislature ultimately would
meet.
DR.. McBain said that, while Congress
might decree that a special election be
held not later than certain date, II
the Governor did not choose to call the
Legislature there was no way to COM
pei him to do so. The doctor was OF
the opinion that Congress itself cannot
set UP election machinery In the States,
because of the complications involved,
such as the enormous detail and the
tremendous cost.
How would the delegates to such
State conventions be choSen?" was the
next question asked Dr. McBain.
They might he nominated" he said,
''in the same fashion as Congressmen
IN the States are chosen and elected
either at general November election
or at special election. But" he added,
"some States have no provisions for
special elections, and the Legislatures
would have to agree on such provisions.
State Legislatures, however, would be
under no compulSion to act when the
eepeal was referred to the States"
Expects No Early Action.
Asked how soon repeal act could be
but into effect, DR.. McBain said that
such Sn act should provide for delay
Of at least year, as it was in the
case Of the eighteenth amendment.
Such delay would be necessary because
many States now have no prohibition
laws and would have to be given time
to prepare for the change. Regulations
would have to be made concerning how
and when drinks of alcoholic content
might be sold and license bureaus es-
tablished. Provisions also would have
TO be made for Federal license
The doctor doubted If the So-called
"lame duck" or short session Of Con-
gress would do anything about repeal
or even modification, although the Vol
stead act could be repealed or modified
by a majority In each house. In that
case such an act would have to be sub
mitted to the President for his approval.
In case of a veto it could be repassed
by two-thirdS majority in each house
ef Congress over the veto.
Questioned as TO the possibility Of an
appeal by the drys to the United States
Supreme Court, DR.. McBain said
IF Congress merely raised the pres
ent alcoholic content Of one-hah Of
4 per cent and did nothing else to the
Volstead act, there probably is no way
This, however, would not legalize the
! sale Of beer and wine in the States
which have prohibition laws"
DR.. McBain went on TO say that II
Congress licensed the manufacture and
+ sale of beer and wines, the matter
could in that case be taken to the Su-
preme Court. In such an event DR..
McBain thinks that there probably
would be no appreciable delay in q
decision.
fcopyright, 1882. by North American News