Middlebury register. (Middlebury, Vt.) 1886-1937, 1890-08-01

legislation, to undertake to choke them
off, because you can not do it, and In
undertaking to do it you only enact a
law which in practice is nullity. and
thereby bring the law into contempt,
which 1t is always an unwise thing to
do.
Now, in dealing with this question
Congress very wisely (and if it did not
do this it would be very unwise) lays
down the broad general law and says to
these different States, with their differ
erent classes of population, including
Germans. Irish, Italians, Swedes and
Norwegians, all of them bringing to this
country their national and diverse hab-
its in regard to "A great many of these
matters, we lay down the broad general
rule, for example, that intoxicants shall
not be sold in State if it is against the
will of its people formulated into law.
That is regulation by Congress and it
is proper regulations; it is the sort of
regulation which necessarily grows out
of the system of government under
which we live and nothing else would
be tolerated.
The recent decision of the Supreme
court justified his view of the situation,
he thought, and justified the proposed
legislation as we'll If he believed the
court would reverse its decision within a
year he should be content to bear the
evils resulting from it for that period
But do not think we are at liberty to
reason that way. 1t is perfectly well
known that the personnel of the distin-
guished gentlemen who joined in the ma
I t,it ~ N;,,t 20 -,,I
den changes of opinion. They are not
chickens. They are men of ability, ma
turity and great learning, and it is not
supposable that the men who deliberate
ly made up that most erroneous and un-
fortunate Judgment are going to reverse
it. Meantime here is the situation.
Here is popular demand for action. and
here is presented the instant necessity of
conceding that the States should resume
the control of the subject, and if they can
not do it in any other way, then under
an act of Congress. IT in time to come
the Supreme court shall come to better
mind and correct the decision, think it
will hold this law, as it ought to hold it,
to be nullty. | think the time will
come when the Supreme court will so de-
clare, because this power, as Judge Har-
Ian, Judge Gray and Judge Brewer said,
in the unanswerable dissenting opinion
by Judge Gray, is power reserved to
the States, and hence Congress has moth
ing to do with it. But we have not
reached that point yet, and do not think
we can hold our breath or that we ought
to hold our breath and bear meanwhile
the intolerable evils of this food of inva-
sion of this accursed traffic from one
State to another"
Mr.. Stewart, in answer to question
said he was opposed to the proposition
of Mr.. Adams of Illinois, because he re-
garded it as ''a recognition by Congress
in this period of the nineteenth century.
in the face of the universal sentiment of
this country-a recognition by Congress
of the traffic in Intoxicating liquors.
Now. | am opposed to any recognition of
it at all except such as will remit to the
States the whole question, and permit
them to do what they choose in regard
to it. Now, as to the bill reported as a
substitute, | am perfectly willing to sup
port that, though l think that perhaps
under all the circumstances it would be
better to pass the Senate bill, because
that meets the present emergency, and
the present emergency is great one."
In conclusion Mr.. Stewart said:
| ask the gentlemen present to look
upon this as practical question, strip
ping it of all political bearings, or its re-
lation to this or that party, or the other
party. | am very sincere in my express
sion of judgment that every man who
hasany regard for the great principle of
the right of self-control and self-govern.
menf must see, if he looks at this matter
as it certainly appears to me, that some
action is necessary in order that the
States may resume and maintain control
over this great matter of police regula-
tions, so far as it affects the question OF
intoxicants. Should the Senate bill be-
come law it will restore to the States
control of a traffic which all experience
has shown to be the prolific source OF
crime, pauperism, and every form of hu.
man misery and degradation.