The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-09-09
Another Letter From Lyle
A Dickey.
Would Like to See Congress Pass
Bill Similar to the Will
son Law.
Honolulu, H. l., Sept. s, 1899.

Editor Pacific Commercial Adver
tiser: My yesterdays letter 10 you
was not directed against the expedien-
cy of licensing opium in order to get
revenue from an evil that you say can
not be suppressed, but against your
contention that the attempt to sup
press it will be "a struggle with the
power and public opinion of America"
l do not think that in determining pub
lie opinion the customs laws outweigh
the fact that no State or Territory has
ever licensed the sale of opium except
as a medicine, that many States have
special laws against giving it away to
be smoked, and one against it's very
possession except on physicians GER
tificate; and that courts nave called
the smoking habit IAN insidlous and
dangerous vice, lOathsome, disgust
ing and degrading habit" and am per-
sonally of the belief that license
would outrage public opinion in the
States; but this is, of course, a matter
of weighing evidence, which each may
do for himself.
But in your editorial this morning In
referring to interstate commerce ana
original packages you touch on point
of real danger. Some time ago, it was
decided by the United States Supreme
Court that the clause in the united
States Constitution reservlng to Con-
gress the right to regulate interstate
commerce, prevented any State or Ter
ritory from interfering with the sale OF
liquors or any article in the original
package in which it entered the State
or Territory. The result is stated by
Federal judge in I'm re Van Fleet
43 Fed. Rep. 1861:
ct is a notorious fact, and part OF
the public history of the country, OF
which the court is bound to take judi
cial notice, that the decision in Lelsy
VS.. Hardin led to the opening up IN
the States which prohibited the trahc
in liquor, or imposed a high license tax
on the traffic, of what were popularity
called Original package houses Liquor
imported in packages of all forms ana
sizes, but all original packages, was
sold in these houses. The in
vaded communities were powerless to
protect themselves. They could Meth
er regulate, tax, restrain, nor prohlD1t
this traffic.
Congress was appealed to for relief.
Petitions flowed in upon it praying for
Immediate action. 1t acted promptly,
and with more celebrity than ordinarily
characterizes the action of so large
deliberative body, and the President
approved it's action"
This law, known as the Wilson bill,
provided that all intoxicating liquors
and liquids, on entering State OF
Territory. were at once subject to the
local laws, and an Iowa man was
promptly arrested and convicted for
moving a box Of liquor from car TO
a freight depot, incidentally proving
the Wilson bill to be constitutional.
If the Wilson bill extended to opium,
any importer on taking 1t from the
Custom House would be liable to ar
rest under our present law Ior having
it unlawfully in possession, and no
opium could be lawfully and safely I'M
ported if the police were at all vigil
liant in watching the Customs House.
Opium would needs be struggled II I'M
ported. But without law like the
Wilson bill it will not only be impos-
sible to prevent sale, but Impossible
TO regulate" or license it. With free
dom to sell openly in original PACKAGES
of any size no one need pay license.
The, Government might make money
by licensing places for smoking or
onium dens. but in no other way can
anv money be made by license. All
nersons who wish either to suppress
the opium traffic or to see the Govern
ment earn money from an opium-l1-
cense law should unite in an effort to
get Congress to pass law similar to
the Wilson bill, providing that all
onium coming into any part of the
United States shall at once be subject
to the local laws.
Yours respectfully,
IVIEA DICKEY