The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-10-14


children lead the drunken parents
home from the saloons and in this
way they are a benefit and they
should be allowed to enter the places.
More women of the higher classes
drink than men.
Not long ago 1t was a common sight
to see an intoxicated woman on the
streets of the cities of Great Britain
but today whe ma woman comes reel
ing down the street the people stop to
look at her in disgust. There were
9,42S babies killed in England last
year by drunken fathers and mothers.
AS a whole DR.. Sheldon thinks that
the time is coming when England
will have the necessary prohibitory
laws to stop the wholesale drinking
habit in the empire.
jackson and Hoch Speak.
In the evening session of the thir-
tenth annual convention of the State
Temperance union Governor Hoch
and Attorney General Jackson gave
the two addresses
gates to the "soberest and the clean
est capital in the cleanest and sober
est state in the Union and as usual
told them to make themselves at
home in the state house and through
out the city. Governor Hoch was
much interested in the discussion
which was to follow and he said he
firmly believed that the prohibition
law had ceased to be a question set
tied by the state but that 1t was open
to the whole commonwealth and
would be settled by them.
Attorney General Fred S.Jackson gave
the keynote speech of the whole con-
vention and the speech on which the
fight of the K. S. T. U. would be based.
Mr.. Jackson said in part:
THE exercises of the two powers, the
police power of the state government
and the power of the interstate COM
MERGE in the national government, each
distinct and yet the larger embracing
a supervisory power over the former.
is something like the control of a great
army or fleet by commandments
through the agency of one or more in
ferior officers" From the
standpoint of the manufacturer who
resides in a state where commerce in
intoxicating liquors is legal, 1t seems
fair to him that he should be protect
ed as the manufacturer of other COM
modities is in carrying on an interstate
business" 1t is not the small
amount of liquors ordered in good faith
by the actual consumer in a prohibition
state which causes this question to be
of Importance. 1t is the opportunity
offered to use Interstate shipments as
a shield and device to protect the
breakers of local laws. by pretending in
various ways to be engaged in inter-
state commerce" THE states
have not and cannot prohibit entirely
quors. 1t is admitted by most people
| that such liquors are valuable for medi-
| cal and certain mechanical and scien-
| tific purposes. 1t is necessary therefore
| that they remain for these excepted
purposes legitimate objects of COM
merce. The real purpose of laws for
| bidding the sale is to limit and control
| its use" &. IF the state expects
| the assistance or cooperation of con-
gress in enforcing any of its local reg
1 lA
| Inhalation of the practices not approved
| but must never attempt reasonable
| regulation thereof. The sovereign state
cannot limit or prohibit interstate
| shipments of liquor because of the in
| terstate commerce clause in the consti-
| tuition" 1.-THE question is then,
may congress legally permit the states
| through their police power, to subject
| liquor shipments into their own terri
| tory to local laws? Those who assert
the negative of this proposition. argue
| that the constitution having conferred
the power of regulating interstate com
| merce upon congress, that congress
cannot delegate this power to the
states. and that therefore. congress Is
| powerless to pass such a law. But those
| who assume the affirmative of the pro-
| position say that the proposed law does
| not delegate power to the states. that
| the state already has the power to reg
| ulate it's local affairs. that 1t only
|
| to congress. and on the express condi-
| ton that congress should exercise the
| powers surrendered by the states; that
| all that is necessary to effect remedy
| of this wrong is for congress to deter
| mine absolutely that 1t will not eXer-
| else these powers to regulate commerce
over certain portions of the liquor traf-
fic and that straightway then the
| check now maintained by congress will
| be removed, and that the state may re-
| establish it's authority to enforce It's
| local laws, and finally. accepting the
| promise of the negative. the advocates
| of this law admit, as they must do, that
| congress was invested by the constitu-
| ton with power to regulate commerce.
| but they turn the argument against
their adversaries by asserting that
congress was given full power to con-
troll commerce.; that no limit was i'm
| posed upon 1t as to the agency or the
manner or the extent of the control to
he exercised by the federal Legislative
mower over foreign or interstate COM
| merce. And therefore. that the manner
| in which congress shall act. whether
directly or indirectly. by releasing OF
| reserying its power, is a matter over
which congress is the sole and exclu-
sive Judge"
Mr. Jackson was given great ap-
| plause when he said:
| Congress has ample power to protect
the wild fowls of the air. the hares and
fine foxes and the wild beasts of the
| forest. crag and dell. but no power to
permit the state to protect the lives and
characters of it's wild boys and men,
Codding Is President.
Tho saoond morning session of the