Daily press. [volume] (Newport News, Va.) 1896-current, 1907-12-19


certain whether 1t is practicable to
giv5 relief. The decisions OF the
courts have been ON the ground that
the law interfefes with interstate
commerce and. 1t Is on this account
that have asked to have the inves
LEGATION made by the interstate Com
mcrce Commission
Biamcs the Express Companies.
MIR. Tillman holds the express com.
panies responsible for the evasion of
the state laws. He says they are
flooding the local option part of South
Carolina aud other local option
Southern States With whiskey which
is sent in from other states c. .. d.
The. Supreme Court OF the United
States has held that such traffic can
not be interferod with because OF its
interstate characteE
When Mr.. Tlllman attempted to
secure the adoption OF the resolution
he aroused n long discussion.
Mr. Aldrich suggested that the
measure should go to the common
Judiciary.
hut insisted that any committee TAX.
ing charge of 1t should first be in
structed TO take the question up.
Does the Senator from South Car
ollna.' asked Mr.. 'Kean, want to III
struct States what laws they should
pass to protect the States from H.
quor rafrlc?''
Mr. Tillmnn oyniainnJ thot 1T, ,.o,
olution simply sought to define the
point at which the police power or
the State begins. As Governor OF
South Carolina he lrad dealt with TIE
question. He wanted some commit,
tee to determine how far Congress
can go in limiting as a police power
the control over interstate traffic In
intoxicating beveridges.
Discussion On Stated Rights.
Senator Clark of wyoming, chair
man of the committee on the judici-
airy, preferred having the resolution
laid over until 1t could be worded in
a way to allow the committee to re-
port on It intellIgently. A general
discussion concerning the powers of
States and of the Federal government
was then precipltated.
Mr.. AldrIch said the question had
been before the committee on judici.
nry in five or six Congresses.
The Supreme Court of the United
States, concluded Mr.. Aldrich. held
that the sale of liquor was matter
of commerce and not of police. Sen
n tor Cuihorcnn onpcncto5 tt,t a ,,o,nr,
of the committee OF Congress can
not add or take away from the power
of a State or OF the Federal govern
ment. The constitution, no said, pro-
vides that Congress shall regulate in
terstate commerce and no act OF a
legislature of any State could ada
TO or take from that power If it be
could regulate IL.
"The State" he said. twill deter
mine for themselve how far they
may go and the Federal Congress will
determine for itself. how far the
national government will CO."
While all would submit to the ac-
ton of the Supreme Court of the
United States he declared Tat even
such a decision would not add to or
take away from the powers delegated
by the constitution.
Views Of Senator Bailey.
Senator Bailey said the passage oil
the Wilson law was specifically and
avowedly for tho purpose of permitting
the States to regulate this question Of
the traffic.
This was he said, "one OF those
hasty pieces of legislation dashed
off in delirium and such laws are
generally found to be wanting"
He would have the sovereign pc
lice powers OF the States restored IL
this matter so that there would BIZ
no question as their control upor
the arrival of consignment. Tha
he considered the essential necessity
Mr.. Bailey said as the law had
been interpreted by the Supreme
Court of the United States. the pack
age did not enter State until it
delivery to the conslgnee. whereupon
Mr.. Tillman declared that il he
should send for a glass OF water, tn
water might BIO in the Senate before
1t reached him,
Mr.. Knox considered 1t unfortunate
that the decision OF the Supreme
Court of the United States had main
tanned that the arrival" of he goods
should mean their delivery to tn
consignee.
81 don't believe" he said, ut /
necessary to deal with this matter b
a resolution. You are perfectly Ger
tain in short time to have bills pre-