The semi-weekly messenger., 1908-01-21


lty OF the McaSurc-Scnator bar
thoidt Advocated Action on Any
Measure Relating TO Liquor Sub
JcctS-Furthcr Hearing VIII be
Held Next Saturday.
Washington. January lS.-The SEN
ate committee on the judiciary today
| took up the various prohibition meas
| ures before IL and heard senator u.
X. Iillman on his bill regulating the
importation of liquor into one state
! from another. He argued that N
| was competent for congress To- take
In hand this question and reIegatc II
ITO the control OF the states as a po-
/ lice power.
senator Bacon asked a great many
questions intended 20 develop the
| constitutional Problems involved
! among them one which was directed
towards drawing cut Mr.. Til.nan's
opinion on the difference between
congress granting authority TO "A state
! to contsc2te and destroy smallpox In
fected clothing coming into state
ana It's granting the same authority
| to conflscate and destroy whiskey.
NIT. Til!man said that "as matter
or common sense" he would say that
conrre>l would not direct the de-
! struction % the clothing, but ''as
matter Of law" It could authorize ,ho
( state II DO 50. There could I've no
! limitation on the states police power.
{ If 1t should pass laws shat were dras-
( tic or silly public opinion would deal
with them and with the law making
power.
/ A colloquY arose between the two
/ southern senator's as TO the power or
! congress to designate rhe articles Of
Interstate commerce and Mr.. Nelson
pointed out that the constitution does
/ @. -
J simply gives congress powe~ Ia Teyu-
| late 4; Suppose. ~ said. "23 OF
| The 46 states have prohibition laws
and the other % manufacture and
( sale Of liquor IS permitted. have the
! latter - states the power 10 impose
the traffic on the othcrS3? Nn1 can
congress so lcciSlate and the suprcm"
| court so direct -
! Responding to this inquiry Senator
Erox pointed out that the supreme
court had alcady decided IN be valid
state laws prohibiting the sale OF i'm
ported liquors.
| Replying to n question Ivy Senator
Fulton Mr.. Tillman admitted there
was soma doubt Of the right Of con-
gress TO regulate the receipt OF liquor
| from outside states by individual FOR
their own use. This he considered
the only doubtful element con-
nected with the question.
Senator Tillr1an called attention 10
the supreme courts first decision un-
dc- the Wilson law. saying that tho
| constitutionality OF the bill had been
there sustained aud that In it the court
| held that congress has the power To
relinQuish its control Of liquor as nm
| article OF Interstate commerce and
| let the police power OF the states
| attach.
! lie begged the committee not 10
delay In reporting the bin. Get IL
into the senate" ne urged. and let
the senate deal with IT.
! Asked TO discuss the wisdom OF the
measure. he declined. saying that
amy student OF human affairs VIII
Itch YOU that whigkey IS the most po-
/ tent cs well as the mos, prolific cause
I of crime and misery In operation
In this or any other co"Etry. and he
( believed IL necessary e. invoke IN"
power II the federal government TO
perfect the regulation OF the trafhc
n stT re which already have acted In
tat direction
Ecpresautlng 1ar German Ameri-
can alliance Representative Barthc'ht
81 Missouri advocated unfayorable
action by the committee on any of
. the resolutions ana ILLS relating 20
the liquor subject He said that the
alliance haE membership IN - states
. OF the union and that the German
Al
ernr1cut Interference with the ques-
ton Of prohibition In any was. To
his statement that In passing legisla-
lion curtaiIing federal Ice nsca con-
gress would simply be voting for pro-
hibi.ion. Senator Nelson. q member
% tho committee made objection.
lie said IL was matter Of leaving
such question u the states. Rep
resrn.alive Barthold. expressed his
disapproval of local option or any
/ laws whatever that would hinder a
citizen from exercising his own tudg-
ment as 10 how much liquor he should
D consume. He considered that such
a course would be In violation or the
constitution.
I Mr.. Yerkes. former commissioner
OF Internal revenue. expressed diEao-
proVal of a law Withdrawing federal
LIQUOR licenses In prohibition states
on the ground - puts the states IN
the position of invoking federal laws
to cause their own laws 10 take erect
He beTievcSF that the abolition of FED
eral licenses in certain states and Tho
issuing Of them in others would put
rlre government In an absurd position
Senator DolIIver said he had been
interested for eight years I'm measures
regulating the governments cennec-
tion with liquor traffic and hoped the
committee would be able TO reacn
some favorable conclusion on the
bills cf Ehat nature before II. Fur
ther hearings win be held on Satur-
day merit -