The Kinsley graphic. [volume] (Kinsley, Kan.) 1890-1940, 1890-05-30
TEMPERANCE COLUMN.
KINsLEY W. c. t. U.
"RUnI HAs A wALKovER."

The press Of the country are rapidly
wheeling round to the view that the
original package decision knocks all
state regulation of the liquor traffic
into smithereens. The New York
Press is the latest to appreciate this
startling fact. and in an editorial con-
tanning some mistake about the inter
state law entitled Rum has n Walk
over" urges Congress to pass Wilson's
amendment without further delay.
We quote few paragraphs from the
Press article;
ION close scrutiny there seems to be
a large load of dynamite in that recent
decision of the United State supreme
court touching the original packages
in which liquor can be carried through
state lines. The gist of the decision
was that no state can intercept these
packages in transit over its territory
because the Interstate railroad law,
which Congress has created, fully per-
mits the transportation of commodi-
ties between states, and, further, be-
cause liquor packages are not exempted
in the operations of that law.
OF course. in the state of Iowa. this
knocks prohibition deadly blow on
the head. 1t completely kills the police
regulations against this traffic which
may be on the books of any state OF
territory of the union. Senator Will
son, OF Iowa, a most able lawyer, by
the way, and member of the senate
judiciary committee, discovers new
and alarming danger in the decision.
lie contends that it practically robs
the state of all police power and con-
troll over the liquor traffic. 1t removes
even the scant barrier of ii license.
Here is "a pretty how do you do"
The court, standing as the Interpreter
and bulwark of federal law, can not
permit a state to impose restrictions OH
a traffic which is not excluded from
Interstate commerce. If il does il
nullifies law of Congi ess. Realizing
the crushing scope of its decision, the
court suggests that the only remedy
lies in petition to Congress. Oh the
part of the states for power to make
such laws as they may think necessary
for the suppression OF regulation of
the rum trade. If Congress had
dreamed, when it passed the inter-
state bill, that it left the states power
less to control their liquor traffic, the
bill would have been dubbed to death
in short order.
The spectacle of the old state rights
Prometheus thus bouDd and helpless
is enough to make Democrats hair
turn white on sight.
We hope that Congress viii not wait
for a petition. The supreme court
could not, without seeming to dictate
to coordinate branch of the govern
ment, have more strongly indicated
the remedy. 1t is the duty of Congress
to take the action suggested at the
earliest possible day. A simple
amendment to the Interstate conn
merce law will suffice'
a concession unlocked for from such
bitter opponent of prohibition is the
following from Sundays Globe Demo-
crat:
Congress can hardly refuse TO pass
law providing that the states may in
their discretion subject imported liq-
ors to the same treatment as liquors
manufactured within their own limits.
Such a measure would simply be
recognition of an idea that has always
prevailed with regard to state police
power, and would not commit Congress-
to any particular form of liquor legis-
lation. In other words, it would re-
nit the whole matter of dealing with
the liquor traffic to the several states,
where it legititnately belongs"