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The Commoner
VOI,20, No. 3
It intorforoo with constitutional rights, because
tho Constitution itself, provides a way by which
it can bo amonded that is, In fact tho most
important provision In tho constitution. Tho
dead havo no right to bind tho living. A Con
stitution mado ono hundred and thirty years ago
can hardly bo invoked against the recorded will
of. the people recently expressed in an amend
ment adopted in accordance with tho terms of
tho Constitution itself. If tho PRESENT gen
eration now has no right to change the Consti
tution, how long will It bo before it will acquire
such a right? Or, if not this, gehoration, what
generation in tho future will bo able to add by
constitutional methods to a Constitution written
in 1780? Tho Constitution has alroady boon
amended oightoen times and tho nineteenth
amendment is nearly ratlflod.
When tho Constitution was written, slavery
oxistod in many of tho states, an.institution that
had come down from tho most ancient times,
and yot it was abolished. In no stato in tha
Union can a black man bo held in involuntary
servitude.
Tho Constitution provided for tho election of
sonators by stato legislatures, but in 1013 an
amendment was adopted which changed tho
method of electing senators and provides for
election by popular voto Instead of by state leg
islatures. Tho Constitution has also boon so changed as
to authorlzo tho collection of an Income tax and
wo are collecting a graded Income tax, running
somotimos as high as GO por cent on the income.
All of these amendments were adopted accord
ing to tho torms of tho Constitution, by three
fourths of tho states, and this is the only amend
ment that tho Democratic State convention of
New York sees fit to "Unalterably" oppose. And
this opposition is In spite of the fact that this
amendment has been ratified by forty-five states,
Now York Included among tho number. It must
not be forgotton, that the question of ratifW
tion was an issue beforo the voter's of New York
m 1018. The Republican candidate for governor
had recommended ratification' and was a candi
date for reflection. So the, people had full
notlco. Tho Democratic candidate for governor
did not run upon a platform doclarintr the party
unalterably opposed to tho amendment, but
upon, a platform advooating tho submis
sion of the amendment to a popular
vote. Ho was elected by a small majority
land that duo to an unprecedented Democratic
Voto in tho city of Now York aeainst an un--procodonted
Republican vote in the rato out
side, of the city.Why this stronger statement
.,?,9tl0J1 f : rBR thG amendment has been
ratified by forty-live states than before ratifica
t on was completedand when the position of
tho state of New York was still undecided?
Tho second sentence quoted from the platform
would he amusing if it did not deal with a seri-
?ii18 i?."?,1001, Th0RQ Wft0 wrc-to the platform
feel' that the prohibition amendment was im
posed by an active- minority against tho wishes
$f tho groat majority of the American people."
Men who FEEL that a plain falsehood is true
are not safe advisors. Ono does not need to be
well informed to know that prohibition was not
imposed by "an active minority against the
iE? n0tn th,Q, BrQat. ma1rly tho American
people,' On tho contrarv, it was imposed by tho
conscience of a considerable majority of tho
American people, expressed after long delibera
tion, and tho triumph was won over a very
"active minority" a minority led by men- with
out conscience and with money sufficient to em
ploy the ablest lawyers like ox-Secretary Root
for instance-and to corrupt politics ak shown
in many places, and impudent onoutrh to attempt
to terrorize those whom they couldot by?P
Thirty-four states havo gone dry bv stato hr
t on-hearly all of them by popuTaT vote" TJiosa
that went dry by statute, iWstnce elected leg
iBlaturos pledged to continue the policy of pro
hibition. In the states that ratified, the matoi
ity was in many instances overwhelming T th
states that have not gone dry by Ihoir 0w?wt
there is a Very strong minority favorable pro
hibition, as is suown by the popular vote oWt
Take Missouri and California? ill instance'
where they voted directly on the question 0f
prohibition, and Pennsylvania ami New York
where tho Republican candidates for governor
were known to be for prohibition. Governor
Sproul, of Pennsylvania, made his fight forth
nomination on a platform declaring in favnr ?
ratification and he was elected by about a mmr
tor of a million majority over a Democrat n
candidate .who ran on a wot platform luulttUG
WW shall wo say of Democratic loaders vrh
Wp their FEELINGS to overcome their respfct
for tho facts of history? No open influence can
account for this strango "feeling;" what secret
influence is back of it? Why is it that they not
only disregard tho facts but mako tho liquor
traffic an object of worship? They do not deny
that the amendment was ratified in exact ac
cord with tho torms of tho Constitution; thoy
do not contend that the members of tho legis
latures in forty-five states did not know what
thoy wore doing or did not mean to do what they
did but they seem to deny the right of a legis
lature to do on this subject what tho federal
Constitution and the cpnstitutions of the states
authorize.
Why this distrust of stato legislatures? They
are permitted to act upon very important mat
ters. Tho descent of property is a matter of stato
statute; domestic relations and the rights of
children aro defined and safeguarded by stato
statute; life and property are protectod by state
statute, and men are executed by states in ac
cordance with statutory provisions. It is only
when tho legislature dares to lay its hands upon
tho liquor traffic that it forfeits tho respect of
, the men who wrote the New Y6rk platform and
arouses their unalterable opposition. It would,
of course, be a reflection upon tho heads and tho
hearts of the men responsible for the New York
platform, to sav that their opposition is a matter
of PRINCIPLE. There are no such isolated prin
ciples. Nothing but FEELING can explain the
attitude of the these unalterable opponents of
prohibition, and they do well to use the word
"feeling." instead of "conscience" or "intellect'
If the FEELING is due to thrist, it io a desease
that needs a remedy; if it is due to coercion
brought to bear noon them by tho representa
tives of a revengeful and outlawed Ilouor traffic,
it is a dlsfjraco, but whother the feeling that is
so feelingly expressed is a desease or a disgrace,
it is an insult to tho Democratic party and to
the nation.
But passing from the "unalterable" objection
to tho federal amendment, we comq to some
?1e7,en "ore staring; viz., the sentence in
which they declare, not only for the' speedy re
peal, although that is .bad enough, but t0 the
statement that, "until such time a this repoal'
wMb?1ou?ta!,0J;lTt',, "declare the
rfnrht of tho state of New York, "in the exerciso
of its sovereign power to so construe the concur
rent clause of the eighteenth amendment as to
be in accord with the liberal and reasonable
nlTnf01? I)eop1le' If this is not th doctrine'
of nullification, it has no meaning; if it is the
doctrine of nullification, it raises an issue
hl ?an,any.thenow before tnG country.
The right of a stato tonullify the federal Con
stitution was settled in the negative nearly
sixty years aero, and the case will not be re
opened merely o please men with an appetite
or men who want to re-enter a crime-credting
business. And this in the name of Personal
Liberty! The ' statistics show that thoon
is the creator of crime, here and everywhere
.It increases the number of accidents in industry.'
t pauperizes on a largo scale; it disrupts famil
lies; it starves children and increases the death
rate among infants. It is the direct and active
cause behind crimes of every kind. In the cfty
?f,,BJl2nllV?nam' (Ala- the number of murders
reo -ff ?i4' m0r0 than "no-half, rfrom 1 24 i
'i.??;1116 two years following the adoption of
prohibition as compared with the two vears im
mediately preceding. I had occasion to el
am no Oie statistics in Cincinnati and Cleveland
nSw TV foun(1 that crim aa fallen off
in both of those cities during the first w
and that, too, in spite of the fact that the
LTr?P?SitIon was tryin t0 make the show!
?aVwbad fa Possible in order to help it 7n
its fight against prohibition in that state -
Is. it possible for the American people f
?v M1 f rie?( f ? Wnal bSrtneS to nnili
fy the Federal Constitution and encourage lawl
lessness? Is is possible that the Federal S
eminent will permit its. law enforcing powir to
be scoffed at and thus invite violation of ever?
law? If a brewer, distiller or liciuor deaW i? .
violate a federal statute bayWtalS
tation by congress of tho Federal Oonstitnf?
why should any of tho smaller 31 'be'
required to obey the law? If a state ca repudi
ate a federal constitution and one federal
statute by a construction palpably fal J w
can it not repudiate all national TuttaS7
The ssue raised by those who Wrote the New
iPla"rm ls nothing less n that of na
tional supremacy vs. state sovereignty Cnn n
larger issue be raised? Can any gSafer ZS
to law and order bo imagined If a Lfl en?C0
no right to protect itseffToin ? soon,
right has a bank to protect itself from a burr
lar? Aro the dollars of the banker more precS
than a mother'8 children? . Will the New York
Democrats not the Now" York Democracy!!
but tho spurious representatives of New York's
DemocracyWho insolently attack the homol
of the nation will these men say that a
broken-down horse is more deserving of nrotoo
tion from the horse thiof than the boys and cirk
are from the liquor dealer who attempts to
snare them and lead them down to ruin for ro
many dollars per life? If New York's Demo
crats aro witting to endorse the astounding and
shameful performance of tho leaders who as
sumed to speak for them at Albany lately, they
must expect tho contempt of the Democrats of
the nation, for the Democraticparty can not de
scend to the level of those who wrote that plat
form and it can not permit them to sneak for
the democracy of the nation. The right to de
mand tho return of tho saloon as a means of
securing a drink is not an inalienable richt The
right to run a saloon is not included in tho right
to Hfe-one can live without It or in the right
to liberty, for it has nothing to do with liberty
- or in the right to the pursuit of happiness, for it
does not bring happiness. The saloon brings
misery; tt brings vice; it brings crime. It is
dead dead beyond the hope of resurrection.
The Democratic party has. a nobler mission than
to become intoxicated with "feeling" and lie
down in the grave with this monstrous evil
man's greatest evil, the saloon.
"W. J. BUY AN.
Old-time Democracy
Vice-President-Marshall announces himself as
candidate as delegate to the National Demo
cratic convention, and expresses a desire for tho
nomination of a candidate upon "an old-time
Democratic pjatform." The Vice-President in
his st.atemenfof his views is not as happy as ho
usualy is- Hs . style is as a rule, quite clear
and Tiis meaning obvious;: N.oW however, ho
deals in generalities instead'-of -."speaking out in
meeting." The onlv thins: that he says that in
dicates tho trend of his thought is his reforenco
to "Unbridled Democracy." Tho Vice-President
is on record against initiative and referendum;
is this what he refers to by the piirase. "Un
bridled Democracy?" If 80, he will find that
the bridling of democracy can hotter he left to
the RAnubl'cans who. because of the things they
stand for,, have reasoh to, fearthe peopje. Our
Government rests upon the consent of the gov
erned or it. does not. If it does not. it is not
a Democracy; if it dofts. we heed nt be afraid
to lot the TeorIe 'have their w.a?. Nobodv knows
better than the Vice-President,' the frailties of
representatives, for he has seen' representatives
use for their own advantage the Power intrusted
-to them., ,If Mr. Mn,rphall isasldne the ppmo
crafg to have't -confidence in fiim. he oueht to
take, them'into hfs-confidence and apply his gen-'
Gr.ilirieR.to ouestions now before th,'e country, in
order that the voters mav Know liist nor far
they acree with him and to what extent thov dif
fer from him. And. hv the u are prohibition
and sutfrar'e sufficiently "old-time" to suit the
vice-president? '".'.'
EDWARDS BOOM COJtAsPRD .
.
Governor Edwards' withdrawal of his name
from the presidential primaries in Nebraska,
Illinois, Indiana, and other states, ends the
brazen effort of the brewers to wage an open
fight against the prohibition amendment. Find
ing it impossible to make the United Slates "as
wet as the Atlantic ocean," -the representatives
of the liquor trafflcwlll now try to elect a wet
congress and a wet president on a non-committal
platform. The friends of national prohibi
tion will insist on a dry plank and a dry candi
date for a saloonless nation.
WILLIAM 8KTTOMAN JENNINGS
In tho death of William Sherman Jennings
tho South lost one of its trreatestand best men,
He went from Illinois "to Florida when a young
man, and by his rise to fame and growth in
popularity proved anew the irresistible power
of industry when combined with rare ability and
high character. As judge, legislator,, speaker
and governor, he rendered invalUahle, service and
contributed largely to tho development and prog
ress of Florida. His career ' was a priceless
legacy to his family, hs friends and his state.
' W.. J. BRYAN.
5TJ!l.
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