The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-01-19
GIVE STATES | | s POWER . I
IN LIQUOR I ! TRAFFIC \ c
Senator T]illlnan Urges
I hat Congress Relegate
the Matter to States.
aPOTEN IL CAUSE OF
MISERY AND CRIME

Z
from Discussing Merits
Of Measure-NIuch
Opposition De
velops.
WASHINGTON, January 1s.-rh.
Senate Committee on the Judiciary to-
day took up the various prohibition
measures before 1t and heard Senator
Ti1lman on his bill regulating the i'm
portation OF liquor Into one State from
another. He argued that It was COM
petent for Congress to take a l,and
In this question and relegate 1t to the
control OF the States as a police power.
Senator Bacon asked a great many
questions intended to develop the con-
stituttonal problems involved among
them one which was directed towards
drawing out Mr.. Tillman's opinion on
the difference. between Congress grant
Ing authority to a state to confiscate
and destroy smallpox infected clothing
coming into State. and its granting
the same authority to confiscate ana
destroy whiskey. Mr.. Tillman said that
as matter OF common sense" he
would say that Congress would not
direct the destruction OF the clothing.
but "as matter OF law" Is could au-
thortze the State TO do so.
There could be no Limitation on the
States police power: II 1t should pass
laws that were drastic or silly. public
opinion would deal with them and the
ilawmaktng power.
The Power to Regulate.
A colloquy arose between the two
Southern Senators as to the power of
Congress to designate the articles OF
pointed out that the Constitution does
not define interstate commerce, but
simply gives Congress the power to
regulate 1t.
suppose he said. .twenty-three of
the forty-six States have prohibition
laws. and in the other twenty three
the manufacture and sale OF liquor is
permitted. have the latter twenty-three
States the power to impose the traffic
on the other twenty-thres. and can
Congress 80 legislate and the Supreme
Court SO. direct7"
Responding to this inquiry, Senator
Knox pointed out that the Supreme
Court had already decided to be valid
State laws prohibiting the sale of im-
ported liquors.
Replying to question by Senator
.lIilOupsae
there was some doubt of the right of
Congress to regulate the receipt of
liquor from outside States by individ-i
uals for their own use. This he con-
sidered the only doubtful element con-
nected with the question.
Senator Tlllman called attention to
the Supreme Courts first decision un-
der the Wilson law, saying that the
constitutionalty OF the bill had been
there sustained, and that in 1t the
court had held that Congress has the
power to relinquish its control of
liquor as an article OF interstate COM
merce and let the police power of the
States attach. He begged the com
lntttee not to delay in reporting the
bill. Get 1t into the Senate" he urged.
and let the Senate deal with IT."
Prolific Cause OF Misery.
Asked to discuss the wisdom of the
measure, lie declined. saying tnats"any
student OF human affairs will tell YOU
that v'hiskey is the most potent as well
as the most prolific cause OF crime and
misery In operation In this or any
other country. and he believed it
necessary to invoke the power OF the
Federal government to perfect the reg
u.ation OF the traffic in States which
already have acted in that direction.
Representing the German-Amertcan
all1ance Congressman Bartholdt, OF
MISSOURI, advocated unfavorable action,
by the committee on any Of the res
olutions and bills relating to the liquor
ubject. He said that the alliance has
membership In thirty-six States of the
iUnton, and that the German Anne cans
were not in favor OF government In
lterference with the question Of prolii-
\ 5bition in any way. To his statement
that in passing legislation curtailing
4 Federal liquor licenses. Congress would
I5simply be voting for prohibitions, Sen-
ator Nelson. q member OF the commit
tee. made objection. He said 1t was a
matter OF leaving such a question to
1.-the States. E S
SSs Representative Bartholdt expressed
his disapproyal Of local option or any
laws whatever that would hinder a
citizen from exercising his own judg-
ment as to how much liquor he should
4 lsconsume. He considered that such q.
jcourse would be In violation of the
|sConstitution.
Mr.. Yerkes, former Commissioner OF
internal Revenue, expressed disap-
/ 1SproVal@ @of a. law Withdrawing Federal
j |sliquors licenses In prohibition States on
|sthe ground that 1t puts the States In
4 the position of invoking Federal laws
4 to cause their own laws to take ef-
}Ifect. He believed that the abolition
4 OF : Federal licenses in certain States
and the issuing OF them in others
would put the government In an alb
4 ,surd position. 3. s;5
a Senator Doll!yer. said he had been
Interested for eight years In measures
\ egulating the governments connection
with the liquor traf ic. / and hoped the
|4committee would be able to reach
1 |3solne faVora bles conclusion on tho bills
of that nature before It. IN Il \.
|si6F rther hearings .aWill be held or
! Saturday next al