Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-12-18
CONTROL OF LIQUOR TRAFFIC
ALLEGED CLASH OF FEDERAL
AND STATE JURISDICTIONS.
Senator Tillman Wants to Know
What Legislation is Necessary.
Local Option Frustrated.

Senator Tillman today introduced the
following resolution and asked immediate
consideration:
''That the committee on interstate COM
merce be instructed to consider and re-
port by bill or otherwise what legislation
Is desirable or necessary to enable the
states in the exercise of their police
powers to control the commerce Of liquors
and all alcoholic beverages within their
borders, so as to aid the cause Of tenn
perance and to prevent the encourage
ment by the United States government
Of Illicit dealing in the same"
Explaining his purpose in the matter,
Mr. Tillman said 1t was to prevent, if
possible, the circumvention of the laws in
the interest of prohibition which are be-
ing generally enacted in the southern
states.
Congress attempted in enacting the
Wilson law to protect the people In the
enforcement of their state laws, but the
courts have shaded and shaded down the
protection until there Is practically moth.
ing left of 1t, and I want the committee
to ascertain whether it is not practicable
to give relief. The decisions Of the courts
have been on the ground that the law in
terferes with interstate commerce. and 1t
is on this account that l have asked to
have the 1nveSt1gauOn mace ny tIc ilteI-
state commerce committee.
Mr. Tillman holds the express COM
panes responsible for the evasion of the
state laws. He says they are flooding
the local option part of South Carolina
and other local-option southern states
with whisky, which is sent in from other
states &C. o. D." The Supreme Court of
the United States has held that such traf-
fic cannot be interfered with because of
its interstate character.
Long Discussion Aroused.
When Mr.. Tillman attempted to secure
the adoption of the resolution he aroused
a long discussion. /
Mr.. Aldrich suggested that the measure
should go to the committee on judiciary.
Mr.. Tillman consented to the change,
but insisted that any committee taking
charge Of 1t should first be instructed to
take the ques stion up.
lima" asked Mr.. Kean, want to instruct
states what laws they should pass to
protect themselves from the liquor .traf-
fic"
Mr.. Tillman explained that his resolu-
ton simply sought to define the point at
which the police power of the state be-
gins. AS governor of South Carolina he
had dealt with this question. He want
ed some committee to determine how
far Congress can go In limiting as a
traffic in intoxicating beverages.
Senator Clark of Wyoming. chairman of
the committee on the judiciary, preferred
having the resolution laid over until it
could be worded in a way to allow the
committee to report on it intelligently.
A general discussion concerning the
powers of states and of the Federal gov
ernment was then precipitated. Mr.. Aid
ricn said the question had been before
the committee on judiciary in five or six
Congresses.
The Supreme Court of the United
States. declared Mr.. Aldrich. held that the
sale OF liquor was a matter of commerce
and not of police.
Futility of Report.
Senator Culberson suggested that re-
port of a committee of Congress cannot
add to or take away from the power Of
a state or of the federal government
The Constitution, he said, provides that
Congress shall regulate interstate COM
merce and no act of legislature of any
state could add to o. take from that
power. If 1t be fntrastate commerce
the state alone could regulate II.
THE states" he said, will determine
for themselves how far they may go
and the federal Congress VIII determine
for itself how far the national govern
While all would submit to the action
of the Supreme Court OF the United
States. he declared that even such a de-
cision would not add to or take away
from tho powers delegated py the Con-
stitution.
Aim Of the Wilson Law.
Senator Bailey said the passage of the