The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1897-06-30
The bill. in enactment of which the

The bill. in enactment of which the
South Carolina Senator is so much
interested, provides for amendment
of what is known as the Wilson law
Of 1890 That law places all liquor
transported into a State or Territory
subject to the operation and effect
Of the laws of such State or Territory
enacted in the exercise of its police
powers. The amendment eliminates
The police power clause, leaving the
imported liquors subject to all the
laws of the State juSta as liquors made
in the State are.
The purpose of this amendment
is manifest. The decision of Judge
Simonton is that the South Carolina
law is not an exercise Of the police
power, hence this Wilson law does
apply to liquors brought into the
State in original packages.
The Wilson law was introduced
especially with reference to the orig
inal package decisions that destroyed
the effect OF the prohibition laws of
Iowa and other States. 1t is a short,
specific declaration that the State
laws shall control, despite the claim
that Interstate commerce is inter-
fered with. In its language that law
is as follows:
BE it enacted by the Senate and
House of Representatives of the
United States of America, in Con-
sress assembled, That all fermented,
distilled, or other intoxicating liquors
or liquids transported into any State
or Territory or remaining therein for
use. consumption, sal e or storage
therein. shall upon arrival il such
State or Territory, be subject to the
operation and effect of the laws Of
such State or Territory, enacted in
the exercise of its police powers, to
the same extent and in the same
manner as though such liquids or
liquors had been produced in such
State or Territory, and shall not be
exempt therefrom by reason of be-
ing introduced therein in original
packages or otherwise
1t is claimed that the effect of the
Simonton decision, if there is no
further legislation on the subject,
would be to render the prohibition
law of Maine practically null and
void: and, on this account, if on no
other. Senator Tillman has the sup
port in his efforts to amend, not only
of the New England Senators, but Of
Speaker Reed, as well. 1t is upon
the support OF the Speaker that Sen
ator Tillman banks in his claim that
the proposed amendatory legislation
will get Through Congress at this
session.
In accordance with a resolution
adopted by the Senate some days
ago. the Senate committee on Inter
State commerce has jdst submitted
an interesting report in which the
question Of what constitutes the
police power of a State is gone into
at some length. In stating the case
the report says:
The Dispensary law of South Car
olina is an enactment for the .pollc-
ing and controlling Of the liquor
traffic, and the question to be decid-
ed is how far Congress went in the
Act above quoted, or how far it may
be willing to go in relinquishinS its
constitutional right to regulate In
ter-State commerce to the several
States in exercise of their police
powers.
In this connection there is first
given this well-established definition
of the police power, which has been
sustained by long line Of decisions ofthe
Supreme Court
The police power includes all measures
for the protection Of life, the health, the
property, and the welfare of the inhabi-
tants, and for the promotion Of good or
der and the public morals. 1t covers the
suppression of nuisances, whether in
furious to public health, like unwholesome
trades, or to the public morals, like ganlb-
ling houses and lottery tickets. The police
power extends to things not only intrin-
Scally dangerous to the public health,
such as infected rags or diseased meat, but
to thiLgs which, when used in lawful
manner, are subjects Of property and of
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