The semi-weekly messenger., 1907-12-20
WILMINGTON, N. G. DECEMBER 90 1907

courts have been on the ground that
the law interferes with interstate COM
merce and it is on this account that |
have been asked to haKe the investiga-
ton made by the interstate commerce
committee"
Mr.. Tillman holds the express COM
panies responsible for the evasion OF
the state law. He says they are food
ing the local option part OF South
Carolina and other option southern
states with whiskey which is sent
in from other states &C. o. D." The
supreme court Of the United States
has held that such traffic cannot be
interefered with because of its inter-
state character.
When MI Tillman attempted to Sc
cure the adoption Of the resolution he
aroused a long discussion.
Mr.. Aldrich suggested that the meas
ure should go the committee on judi
ciary. Mr.. Tillman consented to the
change but insisted that any commit
tee taking charge of it should first be
instructed to take the question up.
Does the senator from South Caro-
lima" asked Mr.. Kean, want to In
struct states what laws they should
pass to protect themselves from the
liquor raffic?
When Mr. Tillman attempted to Sc
olution simply sought to define the
point at which the police power Of the
state begins AS governor OF South
Carolina he had dealt with this ques-
ton. He wanted some committee to
determine how far congress can go in
limiting as a police power the control
over interstate traffic in intoxicating
beverages.
Senator Clark, of Wyoming, chair
man of the committee on judiciary,
preferred having the resolution laid
over until it should be worded in a way
to allow the committee to report on it
intelligently. A general discussion con-
cerning the powers Of states and OF the
federal government was then preclpl-
tated Mr.. Aldrich said the question
| had been before the committee on jill
dietary in five or six congresses. Inc
supreme court of the United States,
concluded Mr. Aldrich, held that the
sale of liquor was a matter or COM
merce and not Of police Senator Cut
berSon suggested report or a COM
mittee of congress cannot add to, take
! away from the power OF state or OF
! the federal government. The constl-
! tuition, he said, provides that congress
shall regulate interstate commerce and
of 1noic1at1Jro nf state
could add to or take from that power
If it be intrastate commerce, the state
alone could regulate it
| "The states" he said. will deter
mine for themselves how far they
may go and the federal congresses
will determine for itself how far the
national government will CO."
| While all would submit to the action
of the supreme court of the United
States, he declared that even such a
decision would not add 40 or take
away from the powers delegated by the
constitution.
Senator Bailey said the passage of
the Wilson law was specifically and
lavowedly for the purpose of permit
ting the states to regulate this ques-
ton of the liquor traffic.
This was" he said, lone Of those
hasty pieces of legislation dashed Off
in a delirium and such laws are gen
orally found wanting" He would have
the sovereign police powers of the
states restored in this matter so that
there would be no question as to their
control upon the arrival Of conslgn-
ment. That, he considered the essen
tial necessity.
Mt Bailey said as the law had been
, interpreted by the supreme court O.
the United States the package did not
enter q state until its delivery to Iht
!, consignee, whereupOn Mr. Tillman d.
clared that if he should send for 6
glass of water the water might be II
: the senate before it reached him.
Mr.. Knox considered it unfortunate
, that the decision of the United States
supreme court had maintained that the
; "arivaT' of the goods should mean
their delivery to the consignee.
/ Il don't believe" he said, that il
= is necessary to deal with this matter
/ by a resolution. You are perfectly
= certain in a short time to have bill:
presented which will raise that exac
l question, when the whole subject vii
r necessarily receive attention Prohi
bition." he added. lis increasing, ant
e will continue to increase"
+ After further discussion, in whicl
+ SoDo+orc Raoon McCumher KnO-
v and Tillmas participated, Mr.. Kno,
f suggested that the whole difficult
e could be reached through bill.
c Draw one" suggested Mr.. Tillmar
s whereupon Mr.. Knox prepared a
d amendment to the Wilson bill, pro
c viding that the control of the stat
t should begin as soon as the packag