The Indianapolis journal., 1890-07-19
Their Views on the Supreme Court Decision
and on the Right Of Congress to Adopt
the Proposed Remedial Measures.
Features of the Propositions Under Con-
sideration, and Wherein They Differ.
Argument of Messrs. E. B. Taylor. Adams of III
inOis, Culbertson, and Reed and Henderson
of Iowa-VOte to Be Taken Monday.
ORIGINAL PACKAGE MEASURES.
Their Consideration Begun I'm the House
How the Propositions Vary.


Their Consideration Begun I'm the House
How the Propositions Vary.
Special to the Indianapolis Journal
WASHINGTON, July decentralization of
the original package question was to-day
begun in the House after q brief squabble
over the rule by which it was brought MP,
and on Monday next the vote will be taken.
There are now three distinct propositions
before the House; the Wilson bill. so called,
being the bill as it passed the Senate; the
substitute reported from the judiciary COM
mittee. by which all articles which may be
the subject of interstate commerce are to
be subjected to the same conditions and
the Adams amendment, by which an orig
inal package is defined and all sales made
by importers in any other form declared
illegal Which of these may be adopted,
or whether any of them will be. is now
very problematical. Changes of convic-
tlons are continually going on, and members
who few days ago expressed themselves
very confidently upon the subject are now ell
at sea as to how they will vote. IL has been
day of surprises. When the rule for the
consideration of the bill was reported at
the Clerks desk il was generally under
stood that the contest would develop as
one between the views embodied in the
amendment reported from the judiciary
committee and the substitute reported by
Mr.. Adams. and so strong was this view
that Judge Taylor. chairman of the COM
mittee, and Mr.. Adams, were recognized as
controlling the time during the debate. 1t
soon became manifest, however. that the
committees substitute would have but few
friends, as being too sweeping in character
and partaking too much of delegation to
the States by Congress of certain of it's
power. a thing which that body cannot do.
almost entirely between the Wilson bill and
the Adams proposition. Between these the
divergence is great. The former proposes
to make State regulations attach the mo-
ment the LIQUOR enters the State. The lat
ter allows it to come in and be a subject of
one sale In defined original package be-
fore local law attaches
The debate was opened in q brief speech
by Judge Taylor, who Outlined generally
the scope of the proposed legislation. He
was followed by Judge Culberson, of Texas,
who made the argument of the day. The
latter took the ground that both the bill of
the Senate and that of the committee were
vicious in that they transcended the pow
ers conferred on Congress by the Constitu-
tion, and would be SO held by courts. for
the reason that they gave to the States
power to legislate touching subjects of in
terstate commerce., a right which subsisted
only in Congress, and could not be dele
gated. He could see no relief from the
existing situation save in another decision
by the Supreme Court. which should over
rule the recent one, or else in constitu-
tional amendment. The speech was legal
argument without an attempt at OratOrical
effect. and during it's delivery he was sur
rounded by all the ablest lawyers In the
House, and enjoyed an attention such as is
seldom witnessed in that hall.
Mr.. Adams followed. and, while yielding
concurrence in many points with Judge
CulbertsOn, sought to find remedy along
the line of the decision of the Su-
preme Court by defining and limiting the
term original package" SO that the decis-
ion should not be made cloak under which
to conduct, in defiance of State enactment
disreputable form of the traffic, as has been
attempted IN various places.
Mr.. Reed of Iowa followed in defense of
the committee proposition, and was sub
point of delegated authority, which both
cred him not little. Judge Taylor soon
came to his rescue, insisting that the pro-
posed legislation was not q delegation of
power. but that it will exercise within GER
tain boundaries only. This argument was
an extremely technical one. and was ap-
preciated only by the lawyers present.
Mr.. Morse then took a hand at the puzzle,
reading a carefully prepared speech. dur
ing which many members retired to the
N K-rn nCf hnn nlxrac
from the close attention they had been Civ
| ing to the other speakers. The Massachu-
setts statesman elaborated on the evils of
intemperance, launched out in free criti-
what a well-regulated community, uncursed
by the rum-seller, should be, but offered no
aid towards solving the puzzle.
The second speech of the day, in its i'm
portance, and the best oratorically, was
| that of General Henderson, of Iowa, who
| closed the days discussion. After tribute
| to his State and the Supreme Court. he de-
| clared the line to be the recognition of the
| absolute supremacy of the State in its pO-
| lice power within it's borders and the like
| supremacy of the Nation over interstate
! commerce; that the government might, ii
| it saw tit. absolutely prohibit the importa-
| tion of any article, and 80 in like manner
| it could, without any delegation of power.
| liquor by recognizing in an interstate-com
merce provision the police regulations of a
| State.
| Such was the line of the first days de.
bate. The interest is not merely that of the
Representatives from prohibition States
or whore local option has considerable
I sway. but it Is shared equally by the Rep
resentatives from States wherein license
laws are in force under which there is a
| considera BILE revenue to be derived from
such licenses. If the decision of the Su.
| preme Court is to stand unaltered, these
are threatened with a deluge of shops sell
ing original packages not subject to the
license laws. to the manifest diminution oi
the local revenues. and. it is urged by those
| who favor the Wilson bill, not even sub
| ject to the Sunday laws. or those forbiddine
the sale Of liquor to minors. or on days OF
| election-in fact. rendered exempt from al
| State or local regulations whatever. Party
lines are not drawn, and many members on
both sides realize that. vote as they may
| it is likely to cost them numbers of vote.
this fall, and are under their breath freely
matchmaking the Supreme Court fol
| having involved them in a muddle tn,
escape from which is anything but ap
| parent.