The sun. [volume] (New York [N.Y.]) 1833-1916, 1908-04-09
PROHIBITION.

WASHINGTON, April s.-The passage Of
laws prohibiting the sale Of intoxicating
liquors In many States has brought to th'
front a ~perplexing question Of State anc
Federal authority, As the matter now
stands Federal legislation is needed TO
make State legislation properly effective
The story OF the case proceeds by way
Of the original package deoision Of the
Supreme Court and the so-called Wilson
bill OF 1890 10 its present status.
The original package decision reoog-
nizes the right Of residents Of prohibition
States to obtain liquor by purchase from
dealers in States where the sale Of intoXi-
cants is not unlawful il the shipment is
made In an original package, whether bot
tie, jug or barrel, The Wilson law gives
to the State under It's police power the
control Of such shipments ION arrival in
such State or Territory Commenting on
this law on December IS Of last year Sem
stOT Tillman said;
Now. that Is the law. The court In explaining
or In Interpreting the meaning Of Congress has
declared that liquors do nt arrive under this act
until they have been delivered TO the conslghee,
and from one degree OF Interpretation toNhothA
they have gone on until they have absolutely turned
loose outside liquor dealers to send whisky into
prohibition territory Sd libltum."
Under this Interpretation liquor dealers
In non-prohibition States are wont TO ship
large collections Of jugs Of different con-
tent and capacity 10 places in prohibition
States. These are sen without specific
orders from patrons and are addressed to
John Doe. Richard Roe or any other name
that may be adopted, The shipment ia
made by eIpressC c. o.. d. As a result thirsty
souls in hundreds Of arid districts may 60
10 an express office. AZ they would go TO a
lawful d~ispensary, and claim a one dollar
or two dollar consignment TO John Doe or
some other and obtain "a much liquor as
they want and a. often az desired 80 long
as their dollars and the John Doe consign-
mentsh hold out. In effect the express office
becomes a sales depot for liquor 10 original
packages.
This practice is manifestly a wrong and
an injury 70 communities which see fit
to prescribe the use Of liquor and to pro-
hibit its sale. Their purpose Is defeated
by decisions OF the Federal courts. and the
position Of the courts is unquestionably
sound, 1t IL, briefly, that liquor is a legiti-
mate subject Of commerce and that a dealer
in a wet State may ship his merchandise
in al original package TO a consumer In a
dry State. Manifestly the traific cannot
be entirely abolished, but its present evils
are open to decided abatement.
Several bills relating to the matter were
presented during the last session Of Con-
gress and some have been presented during
the present session. The indications are
that perhaps after an animated debate a
bill will be passed by which a stop will be
put to some Of the particularly offensive
features Of the present custom. II will
probably prohibit {. o, d. shipments on the
ground that they are sales made in violation
Of State laws. It will probably provide
that all shipments Of the kind in question
shall be made in good faith az a result Of
orders for the goods and that the
names Of consignor and consig nee shall be
There seems little reason 10 doubt
that such bill would be supported by the
courts. 1t is possible that a bill Of larger
may be approved, There are many
who believe that the Federal authority may
surrender a portion Of its control
over interstate m and grant to
States the right to exercise
police power over the liquor traffic at their
They believe that when a cOnsign-
nent Of liquor crosses the State line it shall
there and then subject to the laws Of
he State and fully released from Federal
The pith Of the question is the line between
he authority Of the Federal Government
It's interstate laws and the
authority Of States under their police
overs,