The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1907-12-31
TIIr NOITHS IEApIIisfIlP.

fare q The couniry thar 70 load IN
securing political homer for any ia
vorite son The southern statesman
ship that has ~on the admiration Of
the world has been rue 20 high sdcais
in government After the Mar Re
tween the states ard Reconstruction.
when the South sent - the Senate sosh
mlnent ex-Confedcrate soldiers -
Vest. Vance. Ransone and Gordon, =
is related that Senator Matt CaTpen-
ter. a staIwart Of Rep~ublicanisra. said
Il do not believe a thing you believe
bout theories Of government. but j
am glad 10 see you back becsuse you
won't steal or he silent when men n
hlgn places steal II was this moral
nbre Of honesty. as we'll as ability and
constructive statesmanship. that gave
the South prirnacy for more than half
the years Of the Republic and that
mas made It's leaders respected even
when in such a minority they could not
shape legislation. The late senator
Hoar, OF Massachusetts,. in one OF the
last public speeches OF his lie, paid
this tribute TO the southern character.
The American people have learned
to NOV as never DtAoit liz tSRf4kf
of the Southern stock and 70 value rs
noble contribution to the American
character, its courage IN war, is At
tachuent to home and state, lis loNe
of rural life. its capacity for great Al
lection and generous motto Its apt
ness for command. aboVe all its con-
stancy. that virtue above All virtues.
without which no people can be IONS
either great or free. After all. the
fruit Of this vine has a flavor not %
- e--,.,1 - lrI-E n-n. raaZ ~ all ThE
great and magnificent future which Is
before our country you are 70 contft-
butte a large share OF both strength
and beauty"
Mr. Hoar truly said the South will
contribute a large share OF both
strength and beauty" in our. magnih-
cent future. To-day the South is
leading in solving the hardest problem
of the ages-the liquor problem. II is
setting the pace for temperance that
means more in economics than the
currency and the tariff question. and
in so doin~ is showing that It's public
men are far in dvanc of those in
other sections of the Republic. The
are not only in the several States re
stricting and prohibiting the liquor
traffic, but in Congress they are seek
ing to make such legislation moro ef-
fective. only last week Senator TIL
man. who has left his permanent inn
press upon constructive legislation in
his own state, introduced a bill TO pre-
vent the importation of Whiskey into
prohibition territory and made a SEN
sible speech in advocacy OF his bill.
elicitinc a significant utterance from
Senator Knox, Of Pennsylvania, in APP
prevail of the character OF legislation
proposed by Senator Tillman. In that
debate Senator Bacon, one of the
ablest lawyers in that body. discussed
the decision of the court in q brief
way, pointing out the ~difhculties but
also pointing out that there was a way
to follow the Supreme Courts decision
and protect prohibition territory. Sena-
tor Bacon said:
cit would be proper at this time, if
it were practicable, to go into al an
alysis of the decisions Of the Supreme
Court upon this question, but | wish
to call attention to the fact that
throughout those decisions there runs
the general recognition of the propo-
sition that the question of interstate
and the powers under the
interstate clause are of
two kinds: First. TIE questions which
are ornamental and essential to the
exercise Of interstate commerce: and,
second, the questions which, in the
of the court, are incidental.
The court recognizes and announces
in no uncertain words that SO far as
the functions of interstate commerce
are damen and essential, no
act OF Congress can effect the same.
but that so far as those functions are
incidental legislation can be had So
far as the proposed legislation is con
cerned, it is really restricted to the
field of dealing with such matters OF
interstate in regard to the
buying and selling and importation of
liquors, as are Of an incidental char
acter.
4 am not sure that I am correct in
my illustration; possibly / am not far
wrong: and if the specific point is not
correct it may serve for an illustra-
ton as to the difference between the
fundamental and incidental. As stat
ed by the Senator from Pennsylvania.
the great Fundamental principle Of
interstate m is the right OF a
man to make a contract, and 10 have
the contract executed, for the pur-
chase of goods in one State to be de-
livered to him in another. Under
the decision in the original package
case the court held that the right did
not terminate simply with the deliv-
erv Of the goods, but that it extended
to the further right to sell in the or
iginal package the goods thus deliv-
cred. The Supreme Court, in con
STRUNG the Wilson law recognized the
fact that there could be a restriction
in that particular. and that while it
was thus the fundamental rieht Of
the party to nave the goods delivered
to him. the right to sell was an incl
dental right which could be contrOll-
ed by Congress-. and was controlled +
by Congress in the Wilson act. There
are four or five decisions upon the
subject, and that distinction is bound
to run throughout the whole Of them
there is . field of legislation in
which the matter can be practically
dealt with.
Mr.. President. il has come to be
an exceedingly important and acute
question in the proposed legislation
by Congress. / was very much sur
prised the other day when | saw a
of the number of States in
there was either total or par
tial prohibition of the sale Of liquors.
A large majority of the States have
total or partial prohibition.
The number of those which now have
total prohibition is increasing and it
is going to continue to increase. and
80 1J,- / -L1,,lI - 49, II