Judge — December 1, 1928 — page 15: what you’re looking at

Machine-transcribed from the original scan — historical spelling and the odd misread are preserved.

JUDGE The New Challenge to Prohibition Editor, Norman Asthouy YMPATHY S waifs cast astray by the election—the wets who voted for Mr. Hoover. Theirs is a child-like faith that he will find an engineering method of re- storing law, order and also liquor of good quality at fair prices. They have not yet 1 the that before he could perform this desirable miracle he must concede the failure of the experiment-noble- in-motive. Nor do they explain how he could square himself with the Anti-Saloon League, the W. C. T. U. and the rest of the drys whose vociferous support he accepted. It is too much to expect of him. Hope of sal from dry is not to be is hereby extended to those pathetic ion Volste: ound in the White House during the next four or, obviously, is it to be found in Congress. Irs. here Supreme Court. but firmly, the first blow has bi nattack that, it is barely possible nation by toppling the whole era Prohibition, Court, which n struck may astonish y structure of The new challenge before the Supreme on this page only two weeks ago, seems to be preparing. Next week, the New York County Lawyers’ Association wills a committee report which recommends action to’ another test of the constitutionality of the Eighteenth Amendment. The committee report speaks cautiously but its implications are large. It recommends the appoint- ment of a group of eminent constitutional lawyers, with power to bring the question before other bar assoc was forecast ions throughout the country. “If a strong consensus of opinion should develop,” the report says, “that matters not considered by the court on the former hearing should be considered, the fact of such an opinion, on the part of the country over, would undoubtedly bring careful new consideration of the question by the Supreme Court, especially in view of the limited character of the decision heretofore rendered.” lawyers about 2 That decision of the Supreme Court, in 1920, tived four specific arguments against the No opinion was written. No general assertion ¥ laid down by the court which would hamper it in passing upon the challenge now to be submitted. That challenge, as previously stated on this page, is this: either there is no such thing as the Eighteenth Amendment, or else there is no such thing as American citizenship. Technically, the point Ansociate Editors, Riebard J, Walsh, PLL Rosa, Jack Shuttleworth Dramatic Editor, George Jean Nathaa is that where the personal liberty of the people is involved, an amendment can be adopted only through constitutional conventions, State legislatures im- posed the prohibition amendment upon us. This was usurpation, We never granted to the State legisla- tures any power to act as a separate and supreme government curtailing our individual rights. Only wishful dreamers can hope for the repeal of the amendment or even for the liberalization of the Volstead Act in any near future. There now remains only the sweeping challenge, which has never been argued before the court, that there is no such thing the Eighteenth Amendment. * *# * Wittes Thomas A. Edison expressed publicl scientific doubts about troubled disciple wrote to S. Parkes Cadman and asked what about it. The doctor's reply from his newspaper pulpit began, “Mr. Edison noble servant of the public good, but not all his utterances are of equal value.” A profound truth, that, with regard to anybody's utterances. And_ particularly applicable to Dr. Cadms Those snappy come-backs of his went big for a long time. But of late he has scampered to and fro over wider and wider fields of human knowledge, declaring solemnly that such and such is so, and this or that is not so. We begin to think of him in terms of the re ment about Macaulay, “I wish I could b nything as Tom Macaulay is of everythir world, of course, needs positive knowledge and leaders with the cour; of their convictions, yen more sorely, however, it needs honest doubt and preachers with the courage of their incertitudes, some religious dogma, a n's own. yal com- Ss sure of "This Younger Generation Notes. No. 40 in Boston U versity. Three brothers and a sister, ranging in age from eighteen to twenty-three, and with them the young wives of two of the boys, have enrolled s students there, and the whole sextet is singing its way through by giving concerts in the surrounding localities. The Middle West has long known this group, for it has been touring ever since the eldest boy was ten years old. They are proving once more that there are plenty of ways of earning an education and that this generation of ours displays an infinite and glorious variety. are now R.ILW,