The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1909-02-17
lPPElT MEASURE DISCUSSED.
is SENATOR CLIFTON'S AMEND
MENT, NOW ADOPTED, CON-
STITUTIONAL?
Amendment Gives Right Of Judge to
To Both Fine and ImprisOn-Con-
stitutiOnaIity and Delamater Case.

Columbia. Feb. 10.-Senator Applet
yesterday further amended the APP
pelt liquor drummer bill by increas-
ing the fine for conviction of solicit
ing of whiskey from 500 as he pro-
vided in his amendment to $1,000
and increased the term of imprison-
ment to six months instead of one
month as at first provided and also
made 1t within the power of the trial
Judge to sentence to both imprison-
ment and payment Of the fine. This
amendment really makes the bin of
some effect as 1t would naturally de-
ter liquor drummers under such con-
ditions. The bill passed third reading
yesterday. with the amendments.
There has been a great deal Of dis
cussion since the passage Of the
amendment and bill by the senate as
to the constitutionality Of the bill.
Conversation with some Of the sena-
tors reveals the fact that there are
some eminent lawyers In the State
who believe that such bill Is uncon-
stitutional and others who believe
that either the licensing of liquor
drummers or the prohibiting Of them
to solicit orders In this State is con-
stitutional and could be enforced in
spite of the provisions OF the inter-
state commerce law. 1t is also be-
lieved that this bill might come in
conflict with the interstate commerce
act.
Senator Clifton stated that he was
confident that the bill is constitution
al and would not have proposed his
amendment had he thought other
wise.
In this connection the famous Del
amater .case in South Dakota is of
much interest and had considerable
bearing upon the passage Of Senator
olifton's amendment and the consid-
GRAFTON Of the bill as at first proposed
by Mr.. Appelt.
The syllabus Of this case says in
part:
"The general power OF the States
to control and regulate. within their
borders. the business of dealing in,
or soliciting orders for. the purchase
Of intoxicating liquors is beyond ques-
tion.
Il The purpose Of the Wilson act
2b Stat. 713, as q regulation of inter-
state commerce was to allow the
States to exert ampler power as 70
Intoxicating liquors with the subject
of such commerce than could have
been exercised before the enactment
OF the act which enabled States to ex-
tend their authority as to such liquor
shipped from other States before 1t
became commingled with the mass of
other property in the State in the
sale In the original package.
Since the enactment of the Wilson
act. which expressly provides that in
toxicating liquors coming into a State
should be as completely under the
control Of the State as though manu-
factured therein. the owner of intoxi-
eating liquors can not. under the
commerce clause of the constitution
go himself or send his agent into an
other State and. in defiance of Its
laws. carry on the business of so
liciting proposals for the purchase O:
such liquors.
although a State may not forbid
resident therein from ordering for
his personal use intoxicating liquor.
from another State II may for
bid the carrying on within its bord-
ers OF the business of soliciting orders
for such liquor, although such or
ders may only contemplate a con-
tract resulting from final acceptance
In another State"
1t is this last mentioned paragraph
OF the syllabus upon which the claims
OF Senator Clifton seem to be firmly
based as to the constitutionality OF
prohibiting the whiskey drummers
from coming into this State.
Columbia. Feb. 11.-Anti-Prohib