Famed Fingers

Last week the words of a revolutionary statesman rose out of century-old oblivion, cheered Wet leaders. For in the pages of a letter, grown yellow and faded, Gouverneur Morris penned vigorous words 123 years ago that now threaten the legality of the 18th Amendment to the Constitution (commonly known as the Liquor Prohibition Amendment). Aristocrat, rebel, descendant of sturdy Roundheads and men of law, Gouverneur Morris led the fight for the Declaration of Independence in his native state New York, helped draft the U. S. Constitution. His contribution to the Constitution is disputed. However, in 1804, Morris wrote to Timothy Pickering: "That instrument was written by the fingers which write this letter." James Madison wrote: "The finish given to the style and arrangement of the Constitution fairly belongs to the pen of Mr. Morris."

To the State Legislature of New York, last week, onetime Assemblyman Eliot Tuckerman presented Morris's letter, and a petition.* The whole question of the constitutionality of the 18th Amendment and the Prohibition law, hinges, he pointed out, on the interpretation of one phrase in the Fifth Article of the Constitution, stating: "The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to this Constitution. . . ."

The Supreme Court of the U. S. in its first Prohibition decision ruled that the phrase "two-thirds of both Houses" meant two-thirds of a regular quorum in each House;/- the Prohibition Amendment was legally passed under this ruling. But to Senator Uriah Tracy, Gouverneur Morris wrote in 1804: "The idea that two-thirds of the whole number of Senators and of the whole number of Representatives are required by the Constitution to propose an amendment is certainly correct." Under this interpretation, the Amendment would not have passed Congress in 1917; the present Prohibition law is clearly unconstitutional.

Washington lawyers are dubious, do not believe the Supreme Court will reverse itself on the strength of the Morris letter. Wayne B. Wheeler, general counsel of the Anti-Saloon League, archfoe of John Barleycorn was scornful, said: "Morris's opinion was only his lone opinion, in a hopeless minority."

* Mr. Tuckerman petitioned the State Legislature, because a private citizen cannot initiate proceedings in the Supreme Court relative to a review or modification of the Court's decisions.

/- One more than one-half of all the members of a House constitutes a quorum. The Amendment was passed by two-thirds of a quorum but not by two-thirds of all the members.