The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-05-29
THE FIFTY-FIRST CONGRESS.
DIsCUSSING THE BILL TO NUJLIFH
THE ORIGINAL PACKAGE DECISION

tutIon alIty and Others Disagree with tn,
supreme Court as to the Rights or th,
States-Senator Edmunds BAGely ne
marks that Kentucky Whisksy IL Bet
ter than Canadian Whiskey-Tho Nous,
Passes tho River aHd Uarbor Bill.
WASHINGTON May 2S.-In the Senate to-dal
Mr.. Sherman Wep.. Ohioh from the Committee
on Foreign Affairs, reported an amendment L
be offered to the Consular and Diplomatic Ap
preparation bill authorizing the President r.
carry into effect the recommendations OF the
International Conference by the appointment
by and with the advice and consent Of the sen
ate. Of three Commissioners to represent the
United States in the Intercontine entail Railway
Commission. whose compensation is to be paid
from the common fund to be contributed by
the several nations Interested: also, to detail
from the army and navy such officers as may
DO spared without detriment to the service TO
serve as engineers under such Commission In
making survey, their expenses to be paid by
the Commissioni and appropriating $4,000 as
the share Of the United States OF the expenses
Of such Commission and survey.
Mr.. Spooner tRep. Wis., offered q resolution.
which was agreed to. calling on the Secretary OF
War for information as to tho completion OF the
work OF indexinG tho official records OF tho re-
bellon. and as to what steps are necessary to
be taken so as TO expedite the work SO that tho
entire publication may be accomplished within
three years.
Tho Senate bill subjecting imported liquors
to the laws OF the various States. was again
taken up, and Mr.. Morgan dem. Aia.) made
an argument against its constitutionaIity In
the passage OF that bill. he said the Senate pro-
posed to take tho first step, which was said al
ways to count most in the journey, especially
when the journey was In the wrong direction.
1t seemed that Congress felt called unon to
make u provision Of law whereby states OF tho
american Uhion should be permitted to lcgis-
power or the right TO legislate upon. lio did
not think that it was in the contemn iation, OF
the fF Etntcs OF the ns Unnn
through thor legislatures, and their pow
ar esS of law aEns by 0 on
Rress Of the United states, The Junction, OF
the States were necessarily confined IN the
Constitution to those matters expressly re-
served to them. aid to those matters over
which they had original jurisdiction and power
at tho time they consented to the formation OF
tho present Union. Whenever that doctrine
was disodGed In respect of such matters AZ
would have entered on IA journey which. when
finished, Mould lind the country a,consoldated
which now existed, and which the bill was
seeking to relieve appeared TO- be that one Of
q, stem Of legislation on the subject OF into1i- |
eating liquors There was n very great diver
sity. II very great contrarlcty avery grent re.
States in regard to the veNed matter OF con: |
trolling the use, manufacture. and sale OF |,
ardent spirits; and there was not any one SUBJ
Ject about which a general act OF Congress |
would have such Il diverse Application as in re-
legislation Of general character by Congress !
that had u local aud peculiar operation. Uni
fSrmy OF legs was as prers1uisite But
bosrins among the sites, The right Of irse
into and from another state. and the right OF
free traffic with each other was the very life
io1Sed not TO the WIZ Tned States nor
10 the States. but to the people and
by 9SR t6or or IF se ens
era Government. The pending. bill was one
to enable 4 state to interfere by its legislation
spirits. That might not be a valuable right.
1t, might be one that ought to be restrain
preme Court had taken from the begin
ming proner view t"at,, tho hoor Gu ,so
sEntess e dfcSfy y ucc eco G 10 the states
tho full assuming OF their police powers for the
control OF the traffic and use OF intoxicants.
any State Legislature e become legislative
tribunal to carry out Ike a, Territorial LeSis,
which he thought it had under the Constitu-
ton. There was no necessity for haste in the
political necessity. about which he was not in
formed: He believed that th9 taer and wiser
aenei o o in
Mr.. Faulkner Dem, W. Va. expressed him
self as In favor OF doing something. OF passing
which now confronted Congress. The ques.
ion had been discussed as / 1t only affected
ected nll those tates in which the system Of
nigh license and OF local option prevailed. If
supreme Court ii involved the question
whether OF. not State could collect revenue
rom the license system, or could permit its
he traffic in Intoxicating liquors; He himself
believed as the people Of his Slate did
rue method OF dealing with the Gussti N.
ie had given notice OF an amendment some;
oy the Judiciary Committee providing that. as
soon us the article OF spirits was delivered TO
he cnnsEnee a. the place Of destination. all
should cease. and It should become subject 10
he State Laws, The substitute, as reported,
iiffeEod from his amendment in some respects.
and In those respects he criticised 1t. lie OBJ ,
ected. Tor instance. TO tho use OF the word
.ested that the object could DO attained by the
Use of the word regulation"
III ttiu nsl'Nh'r unu argued III '"v0F Oh the SUD-
Mr. Pugh Dem. Ala argued in favor of the
;tatos were left BY the rsornt lea5 Ion Of The The
II the pending bill, and the other way was by
n amendment OF the Constitution i would
amending the Constitution: lie was for, sub
lance. not, for form and shadow, and any
sglSlntion that would remedy the evil would |
meet his approval. He thought that tho pend
ng bill would do SO. and no hold that the pro;
osed legislation. as Tho supreme Court had
ecided, was constitutionpl. TO his mind
oil SENSIBLE. The ddieat of lie iii would
,ave the Statos in n most serious prcdica-
lent He believed that tho States had tie
over. without any legislation b. Congress; TO
heir limits. The exercise of that invaluable
light had been Suspended by tho decision Of
le supreme, Court, but It's existence had not
cen affected
Mr.. Call Dem. Fla expressed his entire
ympathy with tho idea that tho Suites hai
bsoute control of the question Of the traffic
Intoxicating liquors, ana was willing TO vote
Dr. almost any bill which would attain that
nd.
Mr.. Call yielded the floor 10 Mr.. Allison Rep.
Oval, who presented the conference report on
be Army Appropriation bill. /,
Mr. ingalls, rep. Kan.) inquired what had
cen done in regard 10 the senate amendment
rohiblting the sale OF alcoholic liquors. beer.
r. wine, nj cantecnS.
Mr. Nilsson said that tho provision had boon !
modified so az to read: That no alcoholic I
quors, beer, or wine shall bo sold or supplied
. emil sted mon in any canteen or post traders {
tore IN any state or Territory In which the T
ala OF alCOnOlt l1iIOrS hear or NvI Ia ]