The times. [volume] (Richmond, Va.) 1890-1903, 1890-05-22
POWERS or THE STATES.

The debate In the United states Senate on
Tuesday ON the merits Of the Wilson bill,
which subjects imported liquors to the pro
visions Of the laws OF the several STATES }"
contrayention of the recent decision OF the
sunrcme Court 20 the contrary, was one OF
remarkable interest. because, as Senator
Iloar pointed out. the question inNoNeu was
on the boundary line between two cohhic''"s
powers. the police power OF the S'a'e anu
the exclusive power Of Congress over inter-
state commerce. so fer as the discussion III
the senate threw any light on the SUBJECT
neither the States nor Congress had an!
right TO deal with the question, the arsu-
ment being just as strong III iaNor OIL 'h'
one as Of the other position.
Under the operation Of the Supreme Court
decision. intoxicating liquors can Dc miro
duced into prohibition states ana SOFA 'hele
in the original packages by agents, ana this
is now being done i'm Iowa, the state most
directly concerned in the recent dccis'oh' III
the opinion of Senator Vest, expressed IN
the Senate debate, this could not be pre-
vented by the passage of national law
Granting TO the state of Iowa, for instance,
the right 10 enact special prohibition legis-
Iation. inasmuch rs this would sweep away
the exclusive jurisdiction of the United
states over interstate commerce. lie con-
tended that this exclusive power OF Con-
oress could not be delegated, and he sup
ported this position by references to the de-
cisions of the Supreme Court. If 1t could
be delegated in regard to one article OF mer-
chandise. it could be delegated in regard to
any other article, and alcohol, he urged,
could not be brought within that list Of arti-
cles over which the state should have spe-
cial Jurisdiction on account Of It's reserved
police power TO protect the lives ana health
of its citizens.
Senator IIoar took strong ground in oppo-
sition TO Senator Vest upon the broad prlncl-
nile that Congress had the right TO delegate
TO the States the power to exclude such an
article as alcohol, because there did not eN-
ist "a community anywhere where the dan
GER of permitting the unrestricted SAFE OF
intoxicating liquors was not recognized
and guarded against by public authority
For that reason a distinction should be
drawn between such an article as alcohol
and such articles as wool, oleomargarine
and the like, which could not he included
in the same dangerous list.
1t was an interesting feature Of the debate
that the leading Southern speaker should
have opposed so strongly measure which
diminished the centralized power of the
National Government, by compelling 1t tC
delegate to the states part Of it in a spe
cial instance manned, and that the same
measure should have found its most power
full advocates among men whose whole po
llitical careers have been marked 10y Il deter
mination to cripple the States, and concon
trate all power in one central government
1t is not improbable that the Wilson
bill will become a law; and if it does So IT.
ultimate effect will very possibly be TO eX
tend the limits within which Congress cai
delegate the powers granted to 1t by The
Constitution. This will have a considerable
tendency to preserve the autonomy OF The
States. which is most desirable, as the gen
eral disposition appears now to be to reduce
this autonomy to the lowest point.