The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1896-02-29
THE BILL WILL DIE.

It is Useful and Important Legislation.
Therefore 1t Can't Pass.
From the State Journals Special Correspondent
WASHINGTON, Feb. 2S.-There is no
likelihood whatever that Senator PETERS
bill to prohibit the issuance of licenses
by internal revenue commissioners to
persons in states and counties where it is
unlawful to sell liquors will ever become
a law.
Even if it should get a favorable re-
port in the senate and be passed there it
would die in the house. This is shown
by the report of the house ways and
means committee on bill exactly like
Mr.. PETERS.
The committee rejects the bill which
was introduced by Representative Denny
of Mississippi for the following reasons:
"The bill is based upon the notion that
the commissioner of internal revenue
grants or issues license for the sale of
liquors under the laws of the United
States This is an entire misconception
and unwarranted by anything contained
in the laws or practices of the govern
ment.
"AlI that the United States does OF can
do under existing laws is TO levy tax
upon that occupation wherever and
whenever it finds any person exercising
it. Its sole purpose is to obtain revenue.
The government does this without any
inquiry as to whether or not the occupa-
ton is legally pursued under local state
laws If the occupation is unlawful by
virtue of the local laws the United
States does nothing whatever to make it
legal or to prevent punishment thereun-
der.
"Persons engaging in the occupation
are required to purchase a special tax
paid stamp which is thereupon delivered
to him and is to be conspicuously ex-
posed in his place of business. In this
manner the United States aids rather
than otherwise the local authorities in
ascertaining who are pursuing this occu-
patton. The tax paid stamp is legally
considered but little if anything more
than a receipt for the amount of taxes
levied by the federal law.
The most extreme prohibitory law in
the state is not. therefore, interfered
with in any degree by the issuance of the
United States special tax stamp. Wreck
less persons, in spite of such laws, en-
gage in such sales, and the effect of this
bill, if enacted into law, would be to for
bid the collection of the special tax from
these persons and the issuance of the
stamp to them, while liquor dealers in
other states are required to pay the tax
1t might be worthy of inquiry whether
this would not be obnoxious to the con-
stitutional provision that 'all duties. i'm
posts and excises should be uniform
through hout the United States
SIN the license tax cases the supreme
court held that the special tax levied by
the United States, instead of being an en-
couragement to the sale of alcoholic
liquors in violation of law, is a discour-
agement additional to the fact of the
local prohibitory law, and declared with
obvious propriety that it would be ju-
dicial anomaly to hold that because a
person had engaged in business made
unlawful by the local laws he therefore
could escape from tax under the internal
revenue law.
because of the somewhat widely ex-
tended i'm IMPRESSION to which the bill under
consideration seems to respond, the COM
mittee has thought proper to present this
statement of the law. For these reasons
the committee recommends that the bill
do not pass"
This seems to dispose, as far as this
congress is concerned. of bill for which
there has been a general demand by pro-
hibitionists the United States over.
THE NEosHO's ANNUAL OVERFLOW
Congressman kirkpatrick viii Try to
Prevent Harm Done by Floods.
From the State Journals Special Correspondent
WASHINGTON, Feb 29-An effort is
being made by Representative Kirkpat-
rick to get an item of $4,000 inserted in
the river and harbor appropriation bill
for the improvement of the Neosho
river in Neosbo and Labette counties.
This $4,000 is simply for the making
of preliminary survey to determine
VIII at is necessary to protect the bottom
farms in those counties from the yearly
overflow and whether the plan is FEAST
BILE.
The section of the Neosho to be i'm
proved is from the northern line of Neo-
sho to the southern line of Labette. 1t
is hoped by Strengthening and improving
the channel of the river to save the de-
struction of crops which is accomplished
every year by the overflow of this river.
Representative kirkpatrick has been
working to get this item in the river and