The Mena weekly star., 1908-01-23
PROHIBITION IN S[NAIE
Committee on Judiciary Discusses the Various Measures Regard-g \
 ing the Liquor Traffic.
CONSTITUTIONAL PROBLEMS INVOLVED
Senator Tillman Argues for His Bill Preventing the Importation of Liquor From "Wet" State Into One Which Has Prohibitory Law-The State Laws Are Valid.

Washington, Jan. 19.-The senate committee on the judiciary Saturday took up the various prohibition meas ures before 1t and heard Senator Till man on his bill regulating the impor- tation of liquor into one state from another. He argued that it was com petent for congress to take in hand this question and relegate to the con trol of the states as a police power.
 Senator Bacon asked a great many questions intended to develop the con stitutional problems involved, includ- ing one directly towards drawing out MT. Tillman's opinion on the differ ences between congress granting au- thority to a state to confscate and destroy smallpox-infected clothing coming into state and it's granting the same authority to confiscate and destroy whisky. MT. Tillman said that "as matter of common sense" he would say that congress would not di- rect the destruction of the clothing, but "as matter of law" 1t could au- thorize the state to do so. There could be no limitation on the states police powers if 1t should pass laws that were drastic or silly, public opinion would deal with them and with law making power.
 A colloquy arose between the two southern senators as to the power, of congress to designate the articles of interstate commerce and MT. Nelson pointed out that the constitution does not define interstate commerce, but simply gives congress power to regu- late 1t. Suppose" he said, "23 of 46 states have prohibition laws and in the other 23 the manufacture and sale of liquor Is permitted. have the latter 23 states the power to impose the traf- fic on the other 23! and can congress so legislate and the supreme court so direct?"
 Responding 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, MT. Tillman admitted there was some doubt of the right of con- gress to regulate the receipt of liquor from outside states by individuals for their own use. This he considered the only doubtful element connected with the question.
 Senator Tillman called attention to the supreme courts first decision un- der the Wilson law. saying that the constitutionality of the bill had been there sustained and that in it the court had held that congress has the power to relinquish its control of liquor as an article of interstate commerce and let the police power of the states at tach.
 He begged the committee not to de- lay in reporting the bill "Get it into the senate" he urged. land let the sen ate deal with it."
 Asked to discuss the wisdom of the measure. he declined saying that "any student of human affairs will tell you that whisky is the most potent as well as the most prominent cause of crime and misery in operation in this or any other country" and he believed it nee essary to invoke the power of the fed eral government to perfect the regula- tion of the traffic in states which all ready have acted in that direction.