Evening journal., 1890-07-19
ORIGINAL PACKAGE TALK
An Interesting Subject Debated
in the House.
TO REMEDY THE IOWA DECISION.

Can Congress Delegate to a State the
Power TO Regulate Commerce Ia nss-
tilIedisplrits?--A nIember SAYS the B1,s
Would Bring About Commercial Chaos.
WASHINGTON, July 19.-In the house the
original package bill was debated. Mr. Il.
3. Taylor In advocating the measure said
that never had such blow been given to
state sovereignty and state rights as had
been given by the ascertainment that under
the constitution Of the United States the
citizen Of o foreign state might take into
another state any property that was sub
iect of commerce and there sell it without
liability OF taxation or the burden Of taxa
tion. He did not advocate the bin from any
prohibition sentiment, but because the best
interests Of the people demanded it.
An Appeal from All Quarters.
Mr.. Cnlberson (rex.) said that congress
was appealed 70 from all quarters to apply
some remedy for the grievous mischief and
local disorders wrought by the recent de-
cision Of the supreme court II was said
that the supreme court, alarmed at the
ruin it had wrought and the confusion
which had followed that decision, had in
vited congress to exert its power to arrest
the inevitable result.
In its decision the court had expressly
declared that all such laws as interfered
with the right Of an importer to sell ia
original packages were nul and void for
the reason that the jurisdiction OF the
police power Of the state did not regulate
f4n Il. ,f tt,f.,
constitution vested exclusive power in con-
gress to regulate commerce in distilled
spirits among the states how could con-
gress assent to the regulation Of that COM
merce by the states2
The Eneet Of the senate BIZ.
The effect Of the senate bill would be to
transfer power vested exclusively in con-
gress to the states, and the states them
selves would execute a power which they
had parted with when the constitution was
adopted There was no power in congress
to substitute an agent to do its constitu-
tional duties. The senate bin rested on
the false and falacious theory that the
states might rely on congress for grant
Of power to regulate the traffic ia intoxicat-
ing liquors
For one he was not willing to vote for q
measure that made his state a mendicanb
asking for the privilege Of exercising the
police power abe had never delegated to
congress, and which was inherent ia her.
II tho house substitute should become n
law IL would be as we'll to strike from the
constitution the clause giving congress the
right 10 make commercial regulations, or
commercial chaos would ensue. When this
proposition became law our great COM
mercial supremacy would topple and fall.
z Il 4
portation Of Intoxicating liquors it could
exclude tobacco, and il could 70 further
than guarding the health and morals of
its own citizens; it could protect its own
products against those of other states. ID
would he better to amend the constitution
rather than 20 mangle it By these make
shifts.
An Illinois Opinion.
Mr.. Adams Qlls.) did not believe that the
remedy for the original package saloon
could be found ia either of the proposed
measures He favored a substitute, defn-
| ing the original package Of intoxicating
liquors in bottles as a case containing not
less than dozen bottles and not in bottles
as a cask containing not less than five
| gallons.
Judge Reed Speaks.
Mr. Reed, whose decision as Judge was
overruled by the decision of the supreme
court, spoke in favor Of the proposed legis-
lation. He did not believe that on a re-
hearing Of the question a different result
would be arrived at
Any lawyer who studied the dissenting
opinion OF the court would see that every
possible phase Of the question had been
discussed fully before the decision was an
nounoed. II any relief was to be given the
people it lay in the direction pointed out
by the pending bills They delegated no
power To the state. They merely exercised
the power delegated TO congress to regulate
commerce among the states.
MIR. nIorse's Strong Words.
Mr.. Morse Mass supported the bill. He
said: All the injury done to the people by
impure food, by ravages of the smallpox OF
the yellow fever sunk into insigniiicance
md were a mere bagateile as compared to
the injury TO the people from the liquor
traffic which this decision Of the supreme
court let loose. Any man who believed in
any sort Of restriction Of the liquor traffic
should unite in supporting this measure.
MIR. Henderson TallSs
Mr. Henderson (la.) said that no decision
rendered by the supreme court since it had
decided that human soul was proper
article OF merchandise had so excited the
feelings Of the country as the original
package decision
While he was willing to recognize the
decision as the law he was unwilling to
submit to the operation Of that decision il
there was lawful remedy, and he believed
that there was. Let gentlemen not forget
that the supreme court in throwing this
legal thunderbolt into the republic did
not fail to send with il a cure. 1t cried out
TO congress, while we believe this to be
our duty, we believe it is your duty to
remedy the evil" The people Of the coun-
try, without regard TO party or politics,
appealed to congress for its action, and for
one he would not hesitate to act Adj
| lourned
senator Reagan Apologlzed.
WASHINGTON, July 19.--The senate dis
posed Of sixty-three pages of the sundry
civil service bill and adopted several
amendments 70 it, During the debate Mr..
Reagan referred TO Mr.. Dolph as being al
ways on the side of special privileges and