Evening Star Newspaper, February 28, 1933, Page 10

A—10 SUNNERS EXPLAINS PHASES OF REPEAL Holds Rejection by State Convention Would Prevent Later Ratification. (Enrror’s Notz—In view of wide- spread confusion following the sub- ‘mission to the States of a proposal to repeal the eighteenth amend- ‘ment, the Associated Press has asked Hatton W. Sumners of Tezas, chair- man of the Judiciary Committee of the House of Representatives and a recognized authority on constitu- tional law, to ezplain the legal phases involved.) BY HATTON W. SUMNERS, Chairman Judiciary Committee, House of Representatives. It is easy to understand the public confusion following the recent submis- sfon to conventions of the proposition to amend the Constitution. There are all sorts of questions in- volved. For in- stance, an_opinion of the Supreme Court may some day have to be written, because in the fifth section of the Constitution— the amendatory section—the two- lettered word “in” 1s used, whereas, in the seventh sec- tion—the one hav- ing to do with the original ratification —another two-let- tered word, “of,” i8 used La & similar eonnection, THs ‘s of the Rep. Sumners. Word “of” in the seventh section makes olear that the Constitution itself was submitted to convention “of” the States, while amendments to the Constitution are submitted not to States in conven- tion, but to conventions “in” the Btates. I am asked specifically whether under that submission, if a convention in a given State should fail to ratify, would that preclude a subsequent convention in that State from ratifying the pro- posed amendment. The probabilities are that it would. Cites Opposite View. If it be assumed, however, as some able lawyers contend, that when the two houses of Congress submitted this proposed amendment to conventions in the States, the whole matter passed Irom the Congress to the jurisdiction of the States, it would seem that the fail- ure of one convention to ratify would no more exhaust the power to ratify than would the failure of one Legisla- ture to ratify preclude a subsequent Legisiature from ratifying. I am not aware that this power has been definitely established. It seems, however, to be generally conceded. The underlying question is, however, does the whole matter pass to the juris- diction of the States, or a lesser ques- tion, does any power pass to the States as a result of the submission to conven- tion, or do the States have any original or reserved power to deal as States’ government with proposed amendments to the Federal Constitution? I seriously question that they have any such power. The entire power to deal with amendments to the Federal Constitu- tion is derived from the Constitution itself, and more especially from Ar- ticle 5. The authority of the two houses of Congress is derived from no incidental or inherent power. It is specifically conferred by the Constitu- tion and must be exercised as the Con- stitution prescribes. Act Under Constitution. ‘The Legislatures or conventions act- Ing with reference to proposed amend- ments act under no commission or power inherent, or derived either from the States or from the people. Their authority to act is from the Federal Constitution. They are agents of the Federal Constitution moving toward its amendment. The Governors or supreme courts of the States or any other agency could have been selected instead of Legisla- tures or conventions. Cites Decision of Court. It was held in Hawke vs. Smith, 253 U. S. 227: “The framers of the Consti- tution might have adopted a different method. Ratification might have been left to a vote of the people or to some suthority other than that selected.” If, however, no act of Congress is passed dealing with these conventions, and the States as governments, never- theless do act in initiating these con- ventions and regulating their proced- ure, assuming that the conventions in their determining characteristics are the same as conventions were at the time of the adoption of the Constitu- tion, I am not prepared to say that the action of a convention 50 created as a matter of governmental comity would not meet the constitutional requirement. In view, however, of the uncertainty and difference of opinion among law- yers, it does not seem sensible to ad- Journ Congress without removing all uncertainty by legislation similar to that which places in the States control :;r:’r the election of presidential elec- e Vienna, Austria, is preparing to hold & technical fair in Mparch. J i = EISEMAN’S SEVENTH AND F Stylish, All Wool © Spring UIT '18 NOTHING DOWN Just Pay $6 INMARCH $6 IN APRIL $6 INMAY At this popular price you will find an abundance of new blues, light tans, rich greys, browns and fancies. Good look- ing, smartly tailored suits of splendid long-wearing all-wool fabrics. See them...open a charge account. Nothing down —just $6 monthly. A-S-BECK S IS NOW THE EVENING STAR, WASHINGTON, D. C, TUESDAY, FEBRUARY 28, 1933. AMERICA’S LOWEST PRICE FOR HAND-MADE TURN SHOES! WHEN A. S. BECK REDUCES THEIR ONE PRICE IT_MEANS SOMETHING. Anyone can add a new lower price to disguise a cheaper quality. But —that’s not our way. A. S. BECK LEADERSHIP in shoe retailing was built upon giving the highest quality shoe at the lowest price for which that quality could be sold. THE SUPERB QUALITY that made A.S. Beck shoes famous value at $5. is even finer today at the lowered price of $3.50. Not one inch of leather or material, not one single stitch of A. S. Beck quality has been changed except for the better. Only the best leathers, the smartest, most ex- pensive styles, the most careful workmanship find their way into A. S. Beck shoes. ONLY A. S. BECK’S HUGE VOLUME MAKES THIS AMAZING VALUE POSSIBLE. Think of it! A.S. Beck has one hundred stores, seven factories, and last year four million cus- tomers. No other shoe retailer in America can duplicate these advantages that enable A. S. Beck to give you this greater value—this new low priee. FOR EXAMPLE, MATCH THIS IF YOU CAN; HAND-MADE TURNED SHOES AT 83.50! All A. S. Beck shoes are made by the expensive hand-turning method except welts and extreme eandal types. Imagine hand-made turn shoes at $3.50, in such profusion, complete size ranges, in such endless style variety! Come — see A. S. Beck’s exact copies of Fifth Avenue, Paris and Hollywood’s latest styles— featured by high.priced shops. Every leather, every_ color, every:style. Just try and resist them now — at A._S. Beck’s new low price. SALON MODERNE - - 539 FIFTH AVENUE - * NEW YORK CITY 1315 F STREET Nearby Stires: WILAINGTON © PHILADELPHIA- -4 Stores ® BALTIMORE . 20 ALL STYLES ONE PRICE .50 THAN FORMERLY AT *5§ A-S-BECK —mm——(TORES THROUGHOUT THE. EAST AND MIDDLE Wll'l——-—-——————-— A