The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-01-23
DEMOCRATS GIVE
ELEVEN At LEAST
That is Votes for the
Panama Treaty.
THOSE WHO'LL SPEAK
Simmons, Clark of Arkansas, Clay Of
Georgia, Mallory of Florida, and
Possibly Stone Of Missouri.
The Roster OF Confed-
crate Troops.
Especial to News and Observer)

Washington, ID. e.. Jan. Z2.-it - no"
definitely known that at least eleven
Democratic Senators will vote for ratif-
cation of the Panama treaty, among them
being Senator Simmons, of North Caro-
lima, who viii deliver a speech on that
subject in the Senate next week. Other
Democratic Senators who expect to speak
in favor Of ratification are: Clark, Of Ar
kansas: Clay, OF Georgia; Mallory. OF
Florida, and possibly Stone, OF Missouri
Until yesterday Stone was counted
doubtful.
Argument before the Supreme Court
in the James case was concluded this af
ternoon.
Roy Thomas, Of Wilmington, who is
employed here in the Coast and Geode
tic Survey, will be transferred to the
Navy Department as an electroplater.
Within the last week or two Senator
Aldrich, OF Rhode Island, has interested
himself somewhat in the Appalachian
Forest Reserve Bill, and as a result the
prospects fits passing the Senate at this
session have much frightened.
State Auditor Dixon, OF North Caro-
lima, and Governor Montague, OF Virginia,
today laid before the Secretary OF War
a memorial asking a change IN the order
prescribing the manner In which the ros-
ter Of Confederate troops, nov under
preparation by the United States govern
ment, should be made UP. Az many Of
the war records in the Southern States
were either destroyed or carried away at
the close Of hostilties, it Is impossible To
get official proof for many names that
ought to 90 on the roster; hence 1t -
asked that only such proof be required
for placing name on the roster az IS re-
quired by the State in granting pension
The Secretary OF War declined to grant
this. saying he preferred a roster that
would be absolutely accurate as far as 1T
went Thereupon DR.. Dixon suggested,
that since such ruling must work
hardship on many whose names woula
thereby be omitted from the roster,
supplement or addendum TO II be printed
explaining the circumstances and manner
I'm which those contained in it were put
there. The Secretary OF War said the OBJ
lection seemed to be a good one and he
would consider it.
Chairman Mann, OF Elections Commit
tee No. / today referred the Moody vs..
Gudger contest from North Carolina to
Representatives Young, Bates and James,
as a subcommittee.
THE HEPBURN-DOLLIVE BILL.
The House Judiciary Committee now
has under consideration measure that.
II passed, will materially affect temper
ance legislation in North Carolina and
other States
1t Is known as the Hepburn Dolllyer
bill, and gives the State police power
over Original packages" of liquor ship
ped into a State for use Such a meas
ure is being strongly urged by the tenn
perance forces all over the country and
as strongly resisted by the opposing in
terests.
The United States Supreme Court
neisy w. Hardin, 135 u. s., 1909 has
held that any citizen Of State had
right under the constitution TO import
any Intoxicating liquors into another
State, and that in the absence of Con
gressional permission the State into
which such liquors were imported had
no power, in the exercise OF its authori-
ty OF police regulations, to enact laws to
prohibit or regulate the sale Of such IL
quors while they remained IN the original
packages The effect of this decision was
to deny to the States all power to con
troll or prohibit the sale of Intoxicating
liquors transported from one State into
another while they remained in the ori-
ginal packa<es.
To remedy this an act was passed in
1890 declaring that in States having laws
for the regulation and control of intoxi-
eating liquors, such liquors "shall not
be exempt therefrom by reason of being
introduced therein in original packages
or otherwise
This law the court held to be constl-
tutional and valid, but in defining its
scope and meaning (Rhodes W. Iowa, 10
Q. s. 4f5l. the court held that liquors
transported from one State into another
remained under the protection Of the
Interstate Commerce laws until they
were delivered to the consignee, and that
the State law was imperative to reach
them until they were delivered by the
common carrier TO the person to whom
they were consigned.
The effect OF this decision was practi-
cally 10 nullify the act Of 1890 so far as
the transportation and delivery OF in
toxicatjne LIQUORS within the State was
concerned Under the law, az thus con
strued. dealers in intoxicating liquors 10.
cated IN sorne Of the States sent out
their soliciting agents and established |
agencies in other States, ana tooK ORDERS
. be shipped in in "orignal packages