Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-06-05
As TO "uhIGISAL PAoKAGns.n
An Amendment Offered by senator
Gray Adopted iInd Then Superseded

huoPtth ahhh
Iu the United States Senate Thursday the
Senate bill subjscting imported liqlors to
the provisions OF the laws OF the several
states was taken up, the question being on
the following substitute offered by MIR.
Gray to the substitute repo rted from the
judiciary committee:
That fermented, distilled or other intoxi-
eating liquors, transferred as an article of
commerce or brought into any state or ter
ritory f,om a point or place outside OF such
tate or territory for use, consumption, or
sale therein, shall not be exempt, nor shall
the owner or person in possession thereof
ba exempt from the operation Of the laws
OF, or the regulation, control, police, or
taxing power Of such state or territory,
affecting or applicable to all other like
properly, by reason OF such liquors being
In the original package of importation or
transportation as subjscts OF Interstate or
Mr.. Gray's amendment was agreed to-
yeas, 26; nays, 10.
Afterwards MIR. Wilson, Rep, (Towa)
offered q substitute for Mr.. Gray's
amendment, providing thpt liquors trans.
ported into any Atate or territory for
use, consumption, or sale Cor storage
shall, on their arrival, be subject to the
operation and effect OF the laws OF such
state or territory enacted in the exercise
Of its police powers, and shall not be ex-
empt therefrom by reason OF their beiEg
introduced in the original packages.
Mr.. Eustis, Dsm. (La asked MIR. Gray
whether, if his substitute became law,
and IL the brewers who were parties tc
the suit in the recent case before the
Supreme Court were again to ship thsii
packages OF beer to Iowa, the beer could
be aeizsd and conasctted under tho lowe
law, which the Supreme Ooprt had de.
clared to be unconstitutional; or would il
be necessary for the state of Iowa tt
originate another law In other words
was not the unqusstionsble effect of the
amendment to render q state law consti
| tutional which tbs Supreme Oolrt hat
declared unconstitutional?
Mr.. Gray replied that he did not con,
slider it necessary for the state of Iowa Il
re-snaot its law. Tbs only effeot of tn,
resent decision of the Supreme Court
and OF the bill II it became law, woulC
be to withdraw the interruption which
the commerce clause of the constitution
presented to the execution OF the low
law. Tha. was all
MIR. E1stis moved to amend Mr.. vii
sons amendment by inserting in 1t thu
words 'excepting beer" Rejected, ther
being only two votes in its favor.
The vote was then taken on Mr.. Will
sons substitute for Mr.. Gfsy's amend
ment, aud it was sdopted-yeas, 23; nays
90. The bill WAS then passed yeas, "a
nays, 10. Il reads:
That all termentad, distilled, or other In
toxleRtin. liquors or liuuids, transported
iato any state or territory for use, Oonsump
lion, sale, or storage, shall, 90 arrival II
such state or territory, or remaining therein
be Guhjact to the operation and effect OF tn
laws Of such state or territory. enacted Il
the exercise OF the police powers, TO to
same extent and In the aams manner a
though such liquors or liquids had bse
produced in such state or territory, an
shall not b exempt therefrom by reason q
being introduced therein In original pach
ages or otherwise.