Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-01-28
ORIGIN OF HEPBURN BILL.
II Is Final Step in Legislation Begin
ninu With Wilson Bill

Les MOlneS, Jan. Zo.-InlS Dill To
make liquors subject to the laws of the
state into which they are shipped and
which passed the house yesterday, was
drawn by Judge D. Ryan and Mr.. Frank
s. Dunshee of .Des Moines. and has been
pressed upon the attention of the con-
gress by the Anti Saloon League of this
state. Mr.. Silas Wilson of Atlantic has
been sent to Washington on several oc-
casions to help the bill along. 1t was
introduced into the house by Mr.. Hep
burn of this sttae, and on the judiciary
committee received the support of
Judge Thomas. representing Iowa on
that committee.
The bin is the final step in the liquor
legislation beginning with the So called
Wilson" law. During prohibition days
in Iowa, the liquor makers discovered
that they could ship liquor into this
state in original packages and sell it
here in those packages. Large original
package shops started up in every city
and for time liquor was dispensed
with free and high hand. the prohib-
Itory law being utterly nuilified.
In desperation the congress was APP
pealed to and what came to be known
as the "Wilson bilr' was framed and
passed for the express purpose of rene
dying the situation in Iowa. 1t pur-
ported to transfer the jurisdiction over
liquors shipped into state to the state
police powers, on the arrival OF the IL
Quor in the state. This law effectually
killed the original package business in
Iowa, and the shops which had sprung
up like mushrooms folded their tents and
faded away.
But the law was tested by an Iowa
man. T. III. Rhodes of Washington
county. He was tried in the district
court, Judge d. Ryan presiding. for yio-
lating the law by the inshipment OF or
fginal packages OF liquor. He was
found guilty in Judge Ryan's court and
a fine assessed. An appeal was taken
to the supreme court of Iowa, which, in
an opinion by Justice Kline, upheld the
contention of the state and affirmed the
decision of the lower court against
Rhodes.
He took an appeal to the United
States supreme court, as was intended,
contending that the decision of the Iowa
courts confiicted with the rights of in
terstate commerce shipments. Despite
the fact that federal courts had re-
peatedly held that such shipments be-
came subject to the state police power
on reaching the boundary of the state.
the United States supreme court held
that the police powers of the state could
not apply to such liquors until after
they had been delivered to the pur-
chasers within the state, as the ship
- a. ~. AZ!
goods were delivered.
This decision was not rendered until
after the mulct law went into effect, so
that 1t now only affects the prohibition
counties. Under 1T a large quantity of
liquor is shipped into these counties,
c. o. D., and delivered to purchasers.
decisions Of the state and
federal courts on this subject has led
to great confusion as to whether the
business may be legally carried on. AS
a matter of fact it proceeds to consider
able lengths and has been great trou-
BILE to the Anti Saloon League and to
temperance people
In order to remedy the matter and to
so fix the law that there can be no
doubt about the authority of the state
of this character as coon as they enter
the boundary of the state, Mr.. Dunshee
assisted by Judge Ryan, prepared the
following bill which has been intro
duced by Mr.. Hepburn, as related:
BE it enacted. ETC., that all fer
distilled or other Intoxicating
liquors or liquids transported into any
state or territory or remaining therein
for use, consumption. sale or storage
therein, shall upon entering or upon
arrival in (within the boundary of
such state or territory be subject to the
operation and effect oe the laws of such
state or territory enacted in the exer-
else of its police powers to the same
exterft and in the same manner as tho
such liquids or liquors had been pro-
duced in such state or territory, and
shall not be exempt therefrom by rea-
son of being introduced therein in origi-
nal packages or otherwise
This really is q re-enactment of the
famous Wilson bill'' with the addition
Of half a dozen clauses. The Wilson
bill" said simply that liquors shall
upon arrival in such state or territory
be subject to the operation of the
avs of such" instead of liquors Shall
upon entering or upon arrival within
he boundary of such state or territory
be subject to the operation and effect
If the laws of such state or terri
.ory," etc.
1--WE have every reason to believe