Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-02-26
MEMBER OF ASSOCIATED PRESS
MORE LIQUOR LEGISLATION

MORE LIQUOR LEGISLATION
If congress perfects the proposed
legislation asked for by the prohibit
tionists, with a view to the seizure
OF liquors when they reach prohibit
ton states, it will make it difbcult
to obtain liquors in the usual fashion,
for shipments by freight and express
will be subject to search and seizure.
There are a good many constitutional
objections to some Of the legislation
that is proposed. but the judiciary
committee of the senate is striving to
perfect bill that shall meet with the
desires Of the prohibitionists and at
the same time escape constitutional
defects. 1t is pointed out, that if
there is provision for the search and
seizure of liquor as soon as it reaches
prohibition state. some law must
be framed that will accomplish this
purpose and at the same time per.
init liquors destined for a non-prohi.
bition state to pass through a prohi-
bition state without mo1estation. And
1t is held also that it would be an in
reference with interstate commence
TO seize liquors intended for delivery
within a prohibition state at the state
line, by stopping trains and making
search and seizure. But provision
might be made to forbid the delivery
OF the liquor by the carrier to the
constance when it reached its destin.
alton, and this would enable the stuff
to be seized at the terminus of its
journey. A Washington dispatch in.
dicates some of the features of the
proposed bill as follows:
Senator Knox's subcommittee of
the Judiciary committee is still busy
inquiring into the question of per.
fecting the Wilson law so that intoxi.
eating liquors may be promptly dealt
with when they come within the bord-
ers of prohibition state. It has been
developed, as the result of the study
of the question thus far, that great
care will have to be exercised if the
proposed legislation escapes the con-
stitutional breakers on which the EN-.
ployers' liability law went to pieces.
Senator Bacon of Georgia, in the opin.
ion of the majority of the subcom-
mittee, has drawn bill which will
secure the desired result, and it be.
gins to look like that bill will finally
be reported to the full committee.
1t has been the desire of the tenn.
perance people that the law should
be changed SO as to make it possible
to seize liquors the moment .fhsv
crossed over into n.,.ohibition state
Fsabo = IS at this point that the consti.
tutional question arises. Such a law
would result in the stopping of all
strains at the borders of prohibition
states, their search and in a conse
quent interference with interstate
commerce. And this might be done
even if the liquor in question were
consigned to persons not living in
those state. For instance, a ship
ment of beer from Minneapolis t.
Great Falls, Montana, would have tt
pass through the prohibition state o.
North Dakota and under such Law
as the temperance people want, i
would be possible to seize the liquor
the moment it got into North Dakcts
territory and spies would be stationed
for the purpose at all railroad en-
frances to the state. The Bacon bill
Is so drawn as to permit the beer IL
Z question to be shipped from Minneap
oils to Great Falls across North Da
kota without hindrance of any sort
Another shipment of beer might 6,
from Wisconsin to Minot, N. d. I'm
der the law which the temperance
people want, that beer would be seiz
ed at the state line, interfering, a.
the committee seems to eblieve, will
interstate commerce. The Bacon bill
is SO drawn as to permit the beer t.
be shipped to .Minot, but prohibit.
the railroad or express companies
from turning 1t over to the consignee
or to any other person at that place;
In other words, 1T would be subject
to seizure at Minot and not at the
state line. This, it is claimed, would
secure precisely the result which the
temperance people are asking for
and IN a way that would stand the
scrutiny of the supreme court tc