Evening Star Newspaper, August 17, 1933, Page 9

LAWYER QUTLINES REPEAL TANGLES North Carolinian Cites Legal| Complications Experienced in Some States. Legal complications being experienced by some of the States in the referendum on repeal of the eighteenth amendment Chaillet’s C. omple.le Funeral Service AsLow § L 365 . e S Chaillet Funeral Home 1804 M St. N.W. NAt. 5522 are outlined by John W. Hester, a North Carolina attorney now assoclated with the Reconstruction Finance Corporation. in a letter to the editor of The Star. ‘The letter follows: “Much discussion is indulged in throughout the country on the part of both wets and drys as to whether the present method of ratification of an amendment to the Federal Constitution is in keeping with legal requirements. This, of course, is natural, as the con- vention method of ratification has not heretofore been used, though such is provided for in the Federal Constitution. But let’s see if what we are doing does square with legal requirements, and in so doing we must find answers to the following questions: Four Major Questions. ‘First, is the calling of a convention for such a purpcse by the Legislature subject to executive veto? The Gover- | nors of Oklahoma, Colorado and Penn- sylvania have exercised such veto. | ~ “Second, may delegates be pledged in | advance or must the convention be de- liberative? “Third, may the delegates be chosen | at large or must they be representatives of smaller divisions of the State? “Fourth, is the Legislature in calling the convention and the convention in | assembly performing a legislative or & | non-legislative Federal function? “Now, the answer to the fourth ques- tion will, to my way of thinking, satis- | factorily answer the three preceding as | well. Al of the first three of the fore- THE EVENING STAR, : L going questions have actually been raised and conceivebly must be an- swered by the United States Supreme Court. “‘One of the question has been treated by the Supreme Court of my State, North Carolina, and the court divided three ways on the subject. The constitution of North Carolina contains the following provision: “‘No convention of the people of this State shall ever be called by the General Assembly, unless by the con- currence of two-thirds of all the mem- bers (not quorums) of each House of the General Assembly, and except the proposition, convention or no conven- tion be first submitted to the qualified voters of the whole State, at the next general election * * * Court Renders Decisions. “The first act of the General As- sembly providing for a convention was declared invalid by the court in an ad- visory opinion because the act named or designated the election a ‘special’ election. And by the way, it must be remembered that this election is to pass on a convention or no convention as well as the selection of delegates. Well, the General Assembly then desig- nated the election a ‘general’ election. In a second advisory opinion handed down on April 26, 1933, the court held the act valid. The opinions were de- livered seriatim, and two, while con- ceding that the changed phrasing of the act made it valid, contended that AR, WASHINGTON, it did not matter at all, as a State con- stitutional provision was inapplicable to the calling of a ccnvention to con- sider & proposed Federal amendment. “This view has the support of logic as well as, by analogy, the support of the United States Supreme Court. In the case of Leser vs. Garnett, 258 U. 8. 130, the court was speaking to the question of the lawful adoption of the eighteenth amendment and in this opinion consideration was given to two different State constitutional pro- visions. The Tennessee constitution provided that: “‘No convention or General Assembly of this State shall act upon any amend- ment to the Constitution of the United States proposed by Congress to the sev- eral States unless such convention or General Assembly shall have been elected after such amendment is sub- mitted.’ Held Federal Function. “And the Missouri constitution pro- vided that: “‘The Legislature is not authorized to adopt nor will the people of the State ever assent to any amendment or change of the Commutlon of the United States which may in any wise impair the right of local self-govern- tsnenl. belonging to the people of the tate.” “It was contended that the Tennessee Legislature, having been chosen before the submission of the eighteenth amend- ment, was unable to ratify the amend- ment and that the Legislature of Mis- souri could not act thereon at all. But * THE NATIONAL X% e S S S————— e = EONARD INSTALLED ALUS FRTIBHT 11 Beautiful Models To Choose From Priced From $99.50 To $346.50 FEATUREYS Save By Buying ight Now—Prices Advance Sept. 1 m ."Bfl. ALUS REIOHT D. C., THURSDAY, AUGUS ST 17, 1933, the United States Supreme Court answered: ‘The second contention is that in the constitutions of several of the 36 States named in the proclamation of the Secretary of State there are pro- visions which render inoperative the alleged ratification by their Legislatures. ‘The argument is that by reason of these specific provisions the Legislatures were without power to ratify. But the func- tion of a State Legislature in ratifying a proposed amendment to the Federal Constitution, like the function of Con- gress in proposing the amendment, is a Federal function derived from the Fed- eral Constitution, and it transcends any limitations sought to be imposed by the people of a State.’ “It is respectfully submitted that the foregoing is the only logical and rea- sonable view to take of the matter, as otherwise we would go to absurd ex- tremes. For example, the Supreme Court of Rhode Island has held that the express provision of the State con- stitution for amendment by legislative initiation precludes the possibility of utilizing State conventions. Again, a startling result would flow from follow- ing the constitutional practice in North Dakota, where it has been held by the attorney general that, because of the absence of express provision for a con- vention, the Legislature itself may in effect act as a convention. Finally, there are many States in which the work of the conventions must be sub- mitted to the electorate for adoption or rejection, which obviously could have | no application to such conventions as the ones under consideration. “Now, I think the test will be sub- stantially this: Was there a reasonably fair opportunity, substantially availed of, to ascertain the will of the people on the subjeot of ], and the meth- ods employed in ulfiil the convention, the manner of the selection of the dele- tes and the conduct of the convention hen assembled will be treated as of secondary consideration.” Blind Composer Honored. Leeds University, England, has con-| ferred the degree of doctor of letters | on Dr. Prederick Delius, the blind com- | L THE WEATHER District of Columbia—Partly eloudy, possibly local showers tonight and to: morrow; not much change in tempera- ture; moderate_southwest winds. Maryland — Partly cloudy, probably local showers tonight and tomorrow; slightly warmer in extreme northwest portion tonight. Virginia — Partly cloudy, with local showers tomorrow and in extreme west and extreme north portions tonight; slightly warmer tonight in extreme west portion. West Virginia—Partly cloudy, prob ably showers tonight and tomorrow; warmer in extreme east porsion tonight. River Report. Potomac and Shenandoah muddy today. Report for Last 34 Hours. ‘Temperature. Barometer. Degrees. Inches. rivers Yesterday— e s Mndmgm 30.10 Record for last 24 Hours. (From noon yesterday to noon today.) Highest, 82, 1:45 p.m. yesterday. Year ago, 91. Lowest, 67, 4 a.m. today. Year ago, 71. Record Temperatures This Year, Highest, 100, on June 9. Lowest, 14, on February 9. Bumidity for Last 24 Hours. (From noon yesterday 0 noon Highest, 99 per cent, at 3 lm Lowest, 53 per cent, at 2 p.m. yes- terday. Tide Tables. (Furnished by United States Coast and Geodetic Survey.) . 1204 pm. The Sun and Moon. 12: 52pm Sun, toda; 5“;? o un, Y .. 1 Sun, tamorrowdls b 59 Moon, today...e 128n.m. 8:10 S Automobile Mghts must be turned on one-half hour after sunset, Precipiation. Monthly precipitation #n inches #n the Capital (current month to date): Month. 1933. Average. Rfico{d ; The Funeral Chapel PIPE ORGAN Service that is Distinctive BUT NOT EXPENSIVE SERVICE is our SUCCESS —_— LIncoln 0524-9244 412 H STREET N.E. CORSS SRR R AR A AR A AR AR S L L AR RN AXAEREEEEELEE TR LTERRRES | % DOCTORS RECOMMEND CHAMBERS CO. AMBULANCES City Call in D. C,, $4.00 Long Distance Calls by the Mile Chambers Co. is one of the largest undertakers in the world. 12 parlors, 6 chapels, 17 hearses, cars and ambu- lances. Our S.E. Branch is one of the finest in the city. Main office, 1400 Chapin N.W. We absolutely guara: tee to be !; the old-time un- dertakers’ price, and not only the largest in town, but one of the largest in the world. You cannot go wrong when you call Chambers. Here is the prices, don’t make your sorrow worse with a big bill to pay; you can get a fine funeral at Chambers for 1 the old-time -nderllkerl price and the use of our chap- els and parlors are Free. These Lists Mean the Whole Funeral t Grey Casket, hearse, cars and all Neat Grey or any $75 :-I:llur: good quality; 595 These are for those who want strict economy These are Funerals of the very, very Best at a very Big $300 Couch anel, e rati - 9165 450-1b. Sol.d Steel $85 $500 Solid Steel Couch Casket, ot §265 One of the Largest and Best Undertakers in the World Main Office New S.E. Branch, 517 11th Phone Lin. 4477 One of the lll‘ st ,EQ!! and Largest Saving and at a Little Cost Vault, best made The Greater Chambers Co. 1400 Chapin N.W., Col. 0432 1 the World: Four Guaraniee January February March April May June July August September October November December 355 Abilene, Tex Albany N Y. Atlanta, Ga Atlantic City Baltimore, Birmingham Buffalo. N. | Enarieston sc hicago. Iil. . 8 0.06 0.02 838 GoE Foreign Stations. (7 a.m., Greenwich time, today.) Temperature. Weather London, England. 28 y | Barts, "Prance t py nee Zirich, Switrerland. | Stockhoim. Sweden Rain today.) Cloudy Greenwich_ time. Rorum-yah Azeres. 76 (Current observations.) §t Georzes, Bermuda %0 | San_Juan, 5% tloqdy | He; R Canal Zone.'. Argentine Radicals Active. | BUENOS AIRES «P—The radical party, overthrown by the 1930 revolu- | tion, has started wooing voters for the presidential election of 1938 by opening | of a chain of grocery stores which ad- vertise “30 per cent savings on meats, vegetables and wines.” CARDCASE, corner masn ave_ and 15th ot containing _about S47. on Tuesday night. a p.m DIAMOND. nmounted diamond. Liberal re- B 28-Z, Star cmce POX TERRII Tews, answers name. of Rew Phonr NAmm.l s Phi_Sigm: R e mond atipe. lost Wed: | POtomac -J. l.ADYS W, ochRGan” sts 40._Liber: BULOVA _ 10 G. D. E. o Wednesdu ATCH, Vicinity 14th mu Call WIRE-HA IRID mmm all "htlt excenl | brown head and ears: 4 months old. Re- ‘mrd u mumm to 3430 Quebec st. n. | wi ATCH_White gold, oblong wrist L Vatin, with white gold band near Capitol. Reward. Return Bellevue Hotel. R Any Family Can Afford Ryan Funeral Service We Keep the Cost Withiri Your Means Through the years this organization has grown and prospered, because our service has always been high class and our charges reasonable. $ AMBULANCE SERVICE Handsome, new, unlettered ambulance. ny- where in Washington. . Phone AT. 1700- 1701 James T. Ryan FUNERAL DIRECTOR 317 Pa. Ave. S.E. Atlantic 1700-1701 + A9 IMONROE DOCTRINE | Proposal to Scrap Pact In- jects New Thought in Trade Program. By the Associated Press. Suggested scrapping of the century- old Monroe Doctrine has injected a new element into thought being given just now to building up more profitable trade relations between the United States and #ts Latin American neighbors But the advisability of abandoning the signpost, put up in 1823 by Presi- dent Monroe. against European tres- | passing in America’s back yard, prom- ises to be much debated if it yond the suggestion stag: Coming from Chat the Senate Foreign Re tee, right after his return from the Lor: don Economic Conference. the sugge r! tion invited considerable atter | Asked if he planned to take active when Congress reconvenes, the N Democrat did not say he would, but his | pronouncement indicated his attitude should the proposal to discard it be advanced in the Senate. fttman seid of it: “It 1 an qutworn doctrine. Tt is a Iwnmnt thorn in the flesh of South d gets be- American countries. We do not nee it to protect the Panama Canal t tory.” The wisdom of its abando questioned, howe ential Democrat California. “Why should we?” he said McAdoo, high in adm: 3 cils, agreed there app: was les need now for the Monroe Doctr but pointed out it simply was a policy of warning European powers not to extend | colonization to Latin America and should not be found objectionable by those ttllnlm dince the United Statés does not use #t and go in and boss its nejghbors. ment was McAdoo one glose student of pan-Amer- ican affairs, Senator King, Democrat, of Utah, came the opinion that the doc- | trine “will still exist on the books. but | will undergo a different interpretation whenever occasion arises than was giv years ago.” | Its abandonment. he said. cc be made £airly without | Latin American nations D. C ACTOR DEAD | Robert W. Christy. Stage as Robert Brott, 8peclal Dispatch NEW YORK, August Christy, native of V known 'to the stage as Ro died in Manhattan S X Succumbs. own on to The S plication of ailment | He was 55 years old and made his first appearance as an ac t Waller in “Henry V" about Mr. Christy was in Cha production of “The Sp: Brady's productions of and “The Young peared in vaudeville with Cla: ingwater. Funeral services will be morrow, with burial in plot in Kensico Ce: MRS. LAMBERT DIES | Widow of Motor Dealer Succumbs at Garfield Hospital. Mrs. Edith E. Lambert of Washington for 11 year: day at Garfield Hospital. She was the widow of Walter E. Lambert, vice pre: dent of the Lambert-Hudson Motor Co. who died here last Ma Funeral services w Tow at 2 pm. at the Church of the Transfiguration, followed by 1 Loudon Park Cemetery in Ba She is survived by two children, Wal and Jean. Gets I.and Judgment ALEXANDRIA, Va.. A cial) —The sum of $5,368 wa: George B. Frascr yesterday by the United States Cou 3 rectangular section of land, located be- tween Memorial C; Rive lay Works, demned for construction of the Mour Vernon Memorial in the northern part of this city. also ap- de G here to- rs’ Fund a re it died Tues- S| be held tomor- leled by Good News. Mrs. M. Taylor of Birkdale, England collapsed and died just after she he that her 10-year-old daughter had won & scholarship, (Earh nt BURKE. - haukn. ‘ Reward. | RSO wife of 10 | ‘Anderson, devoted mother of H. Anderson’and Mrs. Marie M dsughter of Mrs. Amanda Curt aiso”leaves many other munm host of friends. Rema: s nn T, Rhines tune -1 uneral_Prida 3t e trom the mm Bapt] Brentwood, m, rial Cemete: BEALL. JOSEPH Interment 18 Glife_on ger- Congressional Cemetery. BELL, BERNARD. Departed this Tuesday, August 15, 16 ing illness, ARD of Harriet B, Johnson Bernard Bell, r Funeral Friduy, p.m, from, the W FORD, MARIE. 1 1033 MARIE Molle Roy and Sister of Ev Wiite hradtora, Faheral Friday 18 at 3 pm, from the W. funeral church. | BRAUNER, RICHARD. | 1 bom. Reintives and friends | fmiitea {o atiend | crAIG, ROSE B On T g uS p.m.. from her late residence. Infer- ment Fairfax Cemetery, Fairfax, Va. 13 DE, LOSS, MARION WEBSTER, On Wednes- RARION WEBS e of the late ‘Herbert ay, A and friends Congressional Cemetery. DEMENT, ADRIAN Iy Rél P Piterment 18 On Wednes- ence Hos- NT. be- R lorence Dratha. FAERINGTON. DR deuly onday — JOHN MICHALL ‘urupm. FRANKE. LENA € sid GREGG, AMANDA I\, at 4 2.1 HARTWIG HARVEY. CHARLES HARVEY, CHARLES D. Com KAUFMAN. JOSEPH DANIEL LAMBERT. EDITH ELIZABETH ELLA M SCHRODT TENNYSON, SIMON P. O THOMAS, JOEN COLUME In {Hemnrtam. CAMPBELL. MARY C KENNEDY PEARSON. WILLIAM, FUNERAL DIRECTORS. J WILLIAM LEE'S SONS CO. FUNERAL, DIRECTORS CREMATORIU? MASSHAVE INE LINCOLN 5 e CHAS. S. ZURHORST 01 EAST CAPITOL ST. Lineoln_0: W. W. DEAL & CO. 816 H ST. NE. LINCOLN 8200 Phione West JOHN R. WRlGHT CO. }oseph F Birch’s Sons AAC BIRCH) 3034 M Qt \ W. o ituched hoie Phone NOrth 0047 Miisnea The FUNERAL GEO. A. COMLEY Artistic Floral Designs by Exp Night Phones: Clar. 130-J-1 or 2 Gude Bros. Co., 1212 F St. Prompt Auto Delivery Service Artistic—Expressive—Inexpensive GEO, C. SHAFFER IVE FLORAL EMBLEMS AT PRICES. PHONE NAT. 0106 Spen'Brenines ™ {4th & Eye CEMETERY L/ ROCK CREEK CEMETERY- sectis shaded 5-site 1o |t Adaress Bot 414 5. Fhence. za El conducted l‘)%d‘ 30 ln cemetery. OLD o ’?mnu OICE _6-GRA g:nk VE B‘C’J Hil, bargain. ‘fldlul Box 383:X, §&¢‘n S Bars 5