The Washington herald., 1908-03-21
FACES THE BUGABOO
Senate Wrestles with Pro.
hibitiOn Question.
SENATOR CLAY IS MERcIFUI
Withdraws Amendment when He Is
Assured of Early Report by sub
committee of Judiciary Committee
on Bills Aiming to Overcome "orig-
fnaI Package" Decision of Court.

The Senate was brought face TO face
with the prohibition question yesterday.
For a time it looked as II the members
OF the Upper House would have TO vote
yes CT mo- on a proposition that -he
Federal government should delegate TO
prohibition states the right to exercise
police power over intoxicating liquors from
the moment they cross the borders OF
those States, instead Of after the liquors
had been delivered 10 the consignees.
When the situation had assumed cTiti-
cal stage It was simDlified by the with
draval OF the prohibition amendment on
the understanding that the Committee on
the judiciary would report TO the Senate
next week whether such an amendment
was compatible with the Constitution.
Senator Clay, of Georgia, brought the
matter to a head. Georgia is prohibition
Sta.e, and its legislature had instructed
the Georgia Senators TO obtain the enact
ment of a Federal law to give the State
authority over liquor when it crossed the
State line. An amendment having that
end in view was offered by Senator Clay
10 the mail subsidy bill. In substance,
the amendment provided that liquor shall,
upon arrival within the borders OF the
State and before or after delivery to the
conslgnee in such State or Territory, be
subject to the operation and effect of the
laws of such State or Territory"
GnIIinEer "wilI Cooperate"
The purpose Of the amendment was to
overcome the Original package" decision
Of the Supreme Court, that liquors inn
ported as articles Of interstate commerce
woce not subject to the State police
authority until after their delivery to the
person to whom consigned. Under this
decision the State had no authority over
liquors upon their arrival in the State,
and not until they had been delivered.
When Mr.. Clay offered his amendment,
MIR. Gallinger. in charge OF the subsidy
bIE said he would cooperate cordially
with Mr.. Clay, but he hoped Mr.. Clay
would not press it until the judiciary
Committee. which was considering all
such propositions made a report. as Mr..
Gallinger was informed the committee
would do so shortly.
M Clay discussed the question from a
constitutional standpoint He argued thar
port Of this contention pointed out that
fourteen sections Of a general bill had
been added 70 a private pension bill
by the Senate and that the Senate had put
general legislation on eight appropriation
bills which he had before him. He under
stood. he said that the Committee on
Judiciary which had been considering
the various prohibition measures offered
in the Senate would report on Monday,
but indicated that the question might as
well be disposed of at once.
subcommittee In Defended.
Mr. Clark. Of Wyoming. chairman Of the
judiciary Committee, explained that a
subcommittee Of the Judiciary Committee
hsd been considering the several prohibit
ton amendments. and with some en-
phcsis. declared that this subcommittee
had taken up the question promptly and
energetically in the desire 10 bring Il
before the Senate promptly.
After some further discussion Mr. Clay
agreed 10 Withdraw the amendment. with
the understanding that ;he committee
would make a report next week on the
several prohibition amendments before IL.
A subcommittee OF the Judiciary Com
mittee has decided by a vote of TO >
that the several prohibition amendments
along the line Of that proposed by Mr.
Clay are unconstitutional inasmuch as
III Y provide for the exercise Of police
power over an article Of interstate COM
merce from the moment Of its arrival
in a State. whereas the Supreme Court
has decided that the article does not cease
10 be an article OF Interstate commerce
until its delivery to the consignee.
Members of the Senate who take this
view declare that prohibition States can
easily overcome the constitutional Objec-
ton by enacting laws prohibiting the
''use and possession" OF intoxicating
liquors within their borders