The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-07-09
STATE MAY STOP THE
LIQUOR TRAFFIC.
Federal Government Merely
Imposes a Tax.
This Does Not Licens. One 10 [ngsgs in the
Manufacture or Sale Of Liquor in Stale
Where it Is Forbidden.

For some weeks there has been much
idle talk to the effect that there may be
conflict between the State and Federal
officials growing out of the enforcement
of the Watts act. BY request Of the edi-
tor of this paper Senator Simmons has
written letter containing carefully
prepared opinion showing the absolute and
exclusive right of State to prohibit the
manufacture as well as the sale Of liquor.
1t is clear, able, conclusive, and is as
follows:
My Dear Mr.. Daniels:
At your request, ] promised to give
you a written opinion several days ago
and some OF the authorities showing the
right OF a State to prohibit the manufac-
true, as well as the sale, OF liquor
/ am surprised that any question as to
the power of the State in this behalf
should have been raised for after rather
close study OF the question | find that no
constitutional question, which has ever
been the subject OF doubt, and contro-
hersy before the Supreme Court OF the
United States has been more thoroughly
and completely settled than the power OF
State, without let or hindrance from
the general government, not only to regu-
late or restrict but to partially or abso-
lately prohibit within its territory and
jurisdiction either the sale or manufacture
OF whiskey or anything else reasonably
adjudged by the discretion OF its legisla-
ture deleterious to the health Or morals
OF the people.
The United Statets government has alb
solute power to grant authority to do any
thing in cases where the Constitution
gives the Federal government control of
the subject matter upon which the au-
thority given is to operate as for illus
tration. in matters connected with inter-
state and foreign commerce or the licens-
ing of vessels engaged in that commerce.
over these and some other subjects the
Constitution gives the general govern
ment exclusive control and if the States
may exercise authority over any branch
OF these subjects they do so with either
the express or implied consent of the gov
eminent.
On the other hand, the United States
government has no power to grant au
thority with reference to a subject lett
by the Constitution to the control Of the
States, as for instance, with reference to
the domestic or internal commerce or trade
OF State. The regulation of it's internal
commerce is as exclusively under the con
troll of the State as the regulation of for
elgn and interstate commerce is under the
control of Federal authority-and neither
may touch upon the power and authority
OF the other.
Nor does nor has the United States au-
thoiized or attempted to authorize either
he sale or manufacture oil liquor in this
or in any state. 1t has the right to i'm
pose a tax on liquor manufactured or sold
by State authority and to employ appro-
pirate measures and regulations to collect
this tax and to prevent and punish its
evasion. This it has done and nothing
more, nor will it attempt to do anything
more Indeed, the act of Congress ex-
pressly declares that these internal
revenue measures shall not be deemed to
authorize the commencement or continu-
ance of any business not authorized or
permitted by the State, and it designates
what is usually spoken of as a United
States license to do a liquor business not
rs a license but as a special tax certi-
icate The United States Supreme Court
says this legislation was merely declara-
tory of an existing right in the States and
to remove a certain misunderstanding that
had become more or less general and
that with or without it the government
has no power to authorize traffic in liquor
in State, and that license or permit from
the United States, however written. would
only signify that the tax imposed l'y the
government having been paid the National
laws would not further interfere or OBJ
struct the business
The decisions of the United States SUI
preme Court to this effect have been uni-
form and repeated, but / will only quote
two or three OF them.
In United States We. Vassar and eight