Show A 11 Momentous Controversy ALTHOUGH II tho state of Utah is bono dry 13 by A- A L ALTHOUGH virtue of or its own enactment antedating ting the federal therefore not amendment to the constitution and is directly concerned in tb the fight which is is' is to is-to to b ho be made mado in the United States supreme court to determine tho the validity of tho the e eighteenth amendment Acting Acting- Governor Gover jo no nor r Bennion's Benmon's decision to join the of other her prohibition states in defendi defending the amendment will be he indorsed bythe by bythe t the he majority tr of the people in wh whoso so name he lie acted The proceedings in the court are understood understood under under- stood to ha have e been instituted by the state of or Rhode Island whoso hoso general assembly after voting yoting against t ratification I last St year r ordered its attorneys attorney general to to contest the thc validity of the amendment and the cn enforcement enforce enforce- enforcement I ment act The supreme court has lIas granted permission for the suit to be brought and tho the contest promises one of the most interesting and famous discussions and decisions in our constitutional history The Rhode I Island brief avers that in the exercise of its inherent and exclusive e right to manage and control its internal affairs as a 3 separate community and independent state in order to provide pro revenue and encourage industry it had Imd allowed manufactories of intoxicating g l liquors to tobe be bc established and received ed moneys for licenses to sell liquors and that the eighteenth amendment would lm- lm impair im im- pair r the value of the manufactories and destroy the thc revenue to the great and irreparable injury i of ot the state Furthermore it says 1 The enforcement of the eighteenth amendment will of or Rhode Island 1 of that deprive 6 the people of or the state liberty of ot sel- sel self government o In tho the management and control of their domestic affairs as n n. community which It was thu tho the thc United States to tv very vcr purpose of or the constitution of or them In their sovereign sov sov- sovereign secure cure for them and will whit also deprive c capacity of that power of police and economy econom In tho the thore re regulation of the civil Institutions of or said Maid state tate rotate adapted for the Internal government go thereof which the people of or said Inid state slate have havo possessed I c exercised and enjoyed for nearly nearh three centuries a power never delegated to the United States but expressly reserved cd to the people of Rhode Island b by the people of the tho United States Besides this unconstitutional infringement on the thc police po power ver of or the thc state the br brief e of Rhode Island asserts that the amendment violates the fifth amendment amend amend- ment of the constitution which provides pro that no per- per bon boil shall be deprived c of life liberty or property without due duo process of In law latt nor shall private property be c taken for public use without due compensation and that therefore the eighteenth amendment is usurp atory unconstitutional and void Thus the issues which have been subjects of controversy controversy con con- tro ever eYer since the tho w wave we e of prohibition first began to roll over o the country Issues country issues involving states states' ri rights I and anI constitutional guarantees guarantees are lIa are to b be submitted to 1 final authority for permanent determination not Uy Uv individuals but ut by th tine the states themselves as they should bc be In the meantime the amendment and th the act to enforce it continue valid alid and federal officers will no doubt continue to prosecute cu e transgressors But as 35 stated the issues involved in do not not affect Utah's prohibition ion fat v at all nIl The c controversy is one involving ID oJ the tho right of the government to int interfere with the trio rights of or sovereign o states state Even en if the tho constitutional constitutional tiona amendment is held invalid im Utah litah and ana all theother the theother other uther states having Jm prohibition laws will cont continue nue dry until such such laws are repealed or are declared hn incon- incon o b b by the courts |