The Montgomery advertiser., 1908-01-19
PROHIBITION BILLS
srNArr coMMITTEE ON yuDICIARl
 TAKE UP. MEAsUREs. T
sen.tor Tulnan wopid Have Congress Regulate the Importntion sf LaQuor Into One State
 From Another.

a4 H
 washington. Jan. 1s.-The Senate romnittae on the Judiciary today took up fine various prohibition measures before 1t ana heard Senator Tiliinan on his bIll regulating the importation or Iiouor into one State from anotner: He argued that 1t was competent TOT Sons rress to take in hand this questi2n gnu regulate it to the control of the states as police power.
 questions intended to develop ine con . stitutional problems involved inciuoins one which was direeted towards draw inr out MT. Tillman's opinion of .ne difference between Congress 6rahtlns authority to State to connscste ana destroy smallpox infected ai ons conin9 into a State and It's srantins the same authority to conhscate ana destrox whiskey. MT. Tillman said that "as d matter of common sense. ne would say that Congress would not ~. rect the inspection of the clothing. put as a matter of law" 1t could auinoii1e inc State to do so. There could De nm. itation on the States police power. m if sbouid pass laws that were arastic t or silly. public opinion would deal wttn them and with the law-making power.
 A colloouy arose between the two gnuthern Senators as to the power or Congress to designate the articles or interstate commerce and Neison pointed out that the constitution does moi define interstate commerce., but sfrnply gives Congress power to regu- late 1t. .'Suppose." he said, twenty three of the forty-six States have pro- < hihifion laws and other twenty-three the manufacture and sale of liquor IS permitted, have the latter twenty-tnree States the powery>to impose the tramc on the other twenty-threef and can Congress so legisiate ana tne supreme Court so direct?'
 RasuondinE to this inquiry Senator Knox pointed out that the Supreme Court had already decided to be valid State laws prohibiting the sale of i'm" ported liquors. . :.
 Replying to question by senator Fulton, Mir. Tillman admitted that there was some doubt of the right of Congress to regulate the rsceipt or liauor from outside States by individ- ussls for their own use. This he con- sldered tho only doubtful element con- nacted with the question. Senator Tfllman called attention to the Supreme Courts first decision under the Wilson law. saying that the constitutionaiity of the bill had been there sustained and that in it the court had held that Congress has the power to relinauish ifs control of liquor as an article or irfaratate commerce and let the police power of the States attach. He begged the Committee not to delay in report ing the bill
 45et It in to the Senate" he urged. a.nd lat the senate deal with it." Ask ed te discuss the wisdom of the meas- ura. he declined. saying that "any stu dant If human affairs will tell you that whfskey Is the most poteM as well as the most prolific cause Of crime and misery in operation In this or any other country" and he believed 1t nee essary to invoke the power of the Fed- eral roycrnment to perfect the regula- tion of the trafic in States that have already acted in that direction.
 Representing the German-American Alliance. Representative Barthcldt of Missouri, advocated unfavorable action bv the Committee on any of the reso- lutions and bills relating to the liquor subject. He said that the Alliance has a membership in thirty-six States of the United States and that the German Arnaricans were not in favor of gov- arnment interference with the question of prohibition in any way.
 To the statement that in passage Of legislation curtailing Federal liquoI licenses, Congress would simply be voting for prohibition, Senator Nelson a member of the Committee, made ob- lection. He said it was 6 matter oi Weaving such @ question to the States. Representative Barthoidt expressed his disapproval of local option or any laws whatever that would hinder citizen from exercising his own Judgment al to how much liquor he should consume He considered that such course would be in violation of the constitution.
 John w. Yerkes. former Commis. sioner of Internal Revenue. expressed disapproval of a law withdrawing Fed. eral liquor licenses in prohibition states on the ground that 1t puts the states in the position of invoking Fed eral law to cause their own laws tc take effect. He believed that the abo. Iition of Federal licenses in certain States and the issuing of them in oth. CTS would put the government in ar absurd position.
 Further hearings on the liquor biIlI and resolution will be held on Satur, day next.
 BFyan's Extended Tour.
 Jva Taw