The Montgomery advertiser., 1907-12-19
TILLMAN ON
 PROHIBITION Introduces Resolution in the Senate. BLAMES EXPRESS COMPANIES General Discussion is Then Brought
 On.
BLAMEs EXPRESS COMPANIES
Bill Finally offered Amends wflsen
 Law Relative as To when State Control should Begin.

 man today introduced the following resolution and asked immediate con sideration:
 That the Committee on Inter-state Commerce be instructed to consider and report by bill or otherwise, what legislation is desirable or necessary tt, enable the states in the exercise of their police powers to control the com- merce of liquors and all alcoholic beverages within their borders so as to aid the cause of temperance and to prevent the encouragement by the United States government of illicit dealing In the same"
 Explaining his purpose. MT. Tiliman said 1t was to prevent. if possible. the circumvention of the laws In the interest of prohibition which are being generat- ly enacted in the Southern States
 Congress" he said. 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 nothing left of #. and l want the committee to ascertain whether 1t is not practicable to give relief. The decisions of the courts have been on the ground that the law interferes with interstate commerce. and 1t is on this account that have asked to have the investigation made by the Interstate Commerce Commits sion.'
 Mir. Tillman holds the express com panies responsible for the evasion Of the State laws. He says they are flood Ing the local option part of South Carolina and other local option South- ern States with whiskey which Is sent in from other states e. o. D."
 The Supreme Court of the United States has held that such traffic can not be interfered with because of It's interstate character
 When Mir. Tillman attempted to secure the adoption of the resoIutfon he aroused long discussion. Mfr. Aidrich suggested that tho measure go to the Committee on Judiciary. Mir Tillman consented to this, but insisted that any committee taking charge Of it should first be instructed to take the question up. Does the Senator from south Carolina" asked Mr. Kean, want to instruct the states what laws they should pass to protect themselves from the liquor traffic?"
 MT. Tiilman explained that his res- 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- tion. He wanted some committee to determine how far Congress can go in limiting as a police power the control over interstate traffic in intoxicatinr beverages.
 general discussion concerning the powers of States and of the Federal movement then began. Mr Aidrich said the question had been before the Committee on Judiciary in five or six Congresses.
 The Supreme Court of the United States. concluded Mir. Aldrich. held that the sale of liquor was a matter of commerce and not of police.
 Senator Culberson suggested that a report of 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 reg ulate interstate commerce and no act of a Legislature of any State could add to or take from that power. If 1t be intra-state commerce the State alone could regulate 1t.
 "The States he said. will deters mine for themselves how far they may go. and the Federal Congress will de- termine for itself how far the national power will go." While all would submit to the action of the Supreme Court of tho
 
 such a decision would not add to or take away from the powers delegated by the Constitution.
 Senator Bailey said tn epassage Of the Wilson law was specifically and avowedly for the purpose of permit ting the states to regulate this queg- ton of liquor traffic. This was" he said. 'one of those nasty pieces of leg islatton dragged of in a delirium and such laws are generally found to be wanting" He would have the sover- eign police powers of the States restor- ed in this matter so that there would be no question as to their control up- on the arrival of a consignment. That he considered the essential necessity, Mir Bailey said as the law had been interpreted by the Supreme Court of the United States, the package did not enter State until It's delivery to the consignee, whereupon Mir Tillmau de- clared that if he should send for glass of water. the water might be, in the Senate before it reached him.
 MT. Bailey reminded the Senator from South Carolina that the ordi- nary way he worked is necessarily the way to write it into the law" He added that he had been greatly sur- prised when the Supreme Court of the United States handed down that de- cision.
 Mir. Knox considered 1t unfortunate that the decision of the Supreme Court of the United States had maintained that the arrival of the goods should mean their delivery to the cqesignee.a T don't believe he said, Chat it Is necessary to deal with this matter by a resolution. You are perfectly cer- tain in a short time to have bills pasz- ed which raise the exact question when the whole subject will necessar- fly receive attention. Prohibition is In creasing and will continue to do so.
 After further discussion, in which Senators Bacon, McCumber. Knox and Tillman participated. Mir. Knox sug- gested that the whole difficulty could he reached through bill.
 "Draw one" suggested Mir. Tillman whereupon MT. Knox prepared an amendment to the Wilson bill provid- ing that the control of the State should begin as soon as the package is with. in the borders of State and before or after delivery to consignee."
 Mir. Tillman then withdrew his reso. hutton and offered the bill. which wal