The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-10-25
SUGGESTS A PLAN
John Marshall Would Control
Interstate Commerce.
Compel One State to Respect
the Laws of Another.
PRESCRIBE THE CLASS
Limit Those to Whom Liquor
Could Be Sold.
Assistant Attorney General at
Omaha Today.

Omaha, Neb., Oct. 25.-John Mar
shall, assistant attorney general of
Kansas, will speak here tonight to the
national convention of the Women's
Christian Temperance union.
He will be given the leading part in
the convention meeting at this time
and will speak to the big assembly on
the regulation of the interstate COM
merce laws in the United States.
John Marshall, report says, is recog-
nized all over the country as one of
the best authorities on this subject.
In handling this touchy liquor traf-
f1c plan the assistant attorney general
has proposed plans for the regulation
of the business and cites the law he
alleges backs up his argument.
Mr.. Marshall gives this out as an
outline of important phases of the
question he will cover tonight:
Points He Will Cover.
This paper is prepared for the pur-
pose of asking. your cooperation in Sc
curing at the hands of congress such
legislation as will effectually prevent
the violation of the law of one state by
the citizens of another state, and CON-
pei the citizens of each state to respect
the laws of the other states, so far as
those states have enacted laws for the
regulation or prohibition Of the sale of
Intoxicating liquor
I'VE contend that law which pre-
scribes the class or classes of persons
to whom Intoxicating liquors may be
sold, transported and delivered will be
a law regulating commerce in intoxi-
eating liquors. If this is true. it neces-
sar1ly Follows that law prescribing
the class or classes of persons to whom
intoxicating liquors may be sold trans
ported Or delivered by persons living
in another state is a regulation of in
terstate commerce within the meaning
of the constitution of the United States
and a law prohibiting persons in one
state from selling to any person or per-
sons other than the class or classes
named, and prohibiting carriers from
transporting to any other persons. and
agents from delivering Intoxicating
liquors to any other than such persons
will be law regulating interstate
commerce. The class or classes of per-
sons to be named as those to whom in
toxicat1ng liquors can be sold should be
those recognized by the state as havins,
a legal right to engage in the traffic in
Intoxicating liquor within such state,
and possibly those who use intoxicating
liquor for some beneficial purpose
druggists, scientists, etc. Such a law
should be prosecuted by the officers of
the United States in the federal courts
Would Have to Go Himself.
This kind of a law will operate on
persons engaged in the interstate sale
riers transporting interstate shipments
of such liquor, and on such carriers and
their agents in delivering intoxicating
liquor that has been sold and shipped
under the interstate commerce laws
Such law will render it impos-
sible for person who is engaged in
the illegal sale of intoxicating LIQUOR
to obtain such liquor from any person
situated in another state EXCEPT that
he goes personally and buys and him
self carries such liquor from one state
to the other. 1t will likewise prevent
the inebriate, the minor, and all other
persons to whom licensed persons are
forbidden by laws to sell or who de-
sire to obtain Intoxicating LIQUOR to
use as a beverage from obtaining
such liquor outside of their own state
Every state of the American Union
has placed regulations and restrictions
around the sale of intoxicating liquor
and has prescribed certain classes of
persons to whom such liquors shall
not be sold under any circumstances.
Under the interstate commerce clause
of the constitution as the law now
exists any person in one state may
with impunity sell intoxicating liquors
in another state in violation of the
laws of the latter. citizen of one
state should not have greater rights in
another state than the citizen of the
latter state. A citizen of New York
must sell Intoxicating liquor under
certain regulations and restrictions A
man in Pennsylvania engaged in the
sale of Intoxicating liquor can sell and