, 1890-05-21

LIQUORS. At the present time the original
package saloons were being organized
in his state. 1t was to put
a stop to such practice and to
recognize In every state the power to
regulate its W internal policy that the
| bill was reported. Vest said he was not
| able to agree with the majority oil the
committee in reporting the bill because IL
would sweep away any exclusive Jurisdic-
ton of the United States over interstate
commerce. The supreme court had de
cided emphatically that alcoholic sumu-
lan,s were articles of interstate commerce
and the power to regulate commerce
among states and with foreign nations was
exclusive power vested in congress by the
constitution. Intimation that congress
might delegate to any state that power was
contained in mere obiter dictum OF that
decision. He Vest commended 1t could
not be done. The supreme court
had decided that the power OF
congress. over interstate commerce was
exclusive. If it could be delegated in re-
gard 10 one article of merchandise (alco-
hold it could be delegated to q other
| article-wheat, corn, rice, oleomargerine,
etc. Was the senate going to make that
new d~eparture2 Was it on mere dictum
u bupfCuc OOuib bOiEk W u" doHh hhC
| barriers of the constitution The real
| question, he SAID, was whether congress
could delegate power vested in it by the
constitution to any state or number of
states. He believed it could not. To do
50 would be to destroy the interstate
clause of the constitution and
all purposes for which it was
e nacted. So far from having
any uniformity there would be in that
case diversity and hostility. The Missouri
river would shut out articles from Kansas,
and SO "onuntil there would be chaos from
one end OF the Union to the other. AT
. o'clock the silver bill came up as un6u-
ished business but was laid aside inform
ally. Vest continued, saying that IT this
bill we're passed it would open up oppor-
t~unitie3 for a successive series OF such
bills Just as emergencies or opinions oil
different states might call for that SOFT oil
legislation.
How long would it be-" he asked,
until another demand was made upon
congress to give permission to all the
states to exclude something else
| tobacco for instance" HUar argued in
favor of the bill unless what was proposed
in this bill Tor something equiva'ent)
could be done it would be the law of the
United States for all future time unless
the constitution amended in that respect
hat any person living in another state or
foreign country could send intoxicating
liquors into any state and dispose OF it
there through agents, and that it should
not be competent for any state authority
to prohibit it. Edmunds remarked
upon 1t as a curious and inter
esting circumstance that a condition OF
things had beer reached when according
to debate and according to judgment the
supreme court states that it had no power
" deal with the subject and congress had
no power to deal with it. The result
was there was In every mar in n state
an inherent individual and personal right
to carry into another state what that state
might consider injurious to Its safety
there to sell it, and that congress had no
power to stop 1t aud that states could net
stop it unless congress gave them that
power. 1t was only necessary to state
such a proposition to show that some
where, either in the supreme court or in
| the senate, there was a fault in logic oil
somebody. He did net feel em
barrassed by the fact thai
the supreme court had takeI
the longest step ever taken within loo
I 1Caio ia Aito CpooiiS tO"etb az
1 ton of power somewhere either In su-
preme court or 10 congress, He did not
believe in Capitalization of power.
Speaking Of importation Of intoxicating
liquors into a state Edmunds claimed that
once they got there they were whether
in the hands OF natives or not, subject
to state liws) and that was what the su
preme couIt would come to within the
next twenty years. Alter further discus
sion the bill went over without action
and the senate proceeded to the consid
Grafton of resolutions in respect to the
memory of the la'e Representative Kel-
ley of Pennsylvania. At the close of tt,
eulogIes the senate, as a further mark o
respect to the memory of Mr.. Kelley, ad
journed.
Senator Hoar today introduced Join.
resolutions proposing an amendment to
constitution providing neither the United
States nor any state shall pass any lay
authorizing the establishment or mainte
nance of any lottery or distribution o
prizes by chance. The Behring sea fish
cries were considered at a cabinet meet
ing and decided. 1t is understood to ad