The Washington herald., 1910-04-17
ASSAILS GALLINGER BILL.
Lawyer Points Out
Drastic Features OF Measure.


Opposition 10 the Gallinger bill for the
further regulation Of the liquor business
in Washington is not confined to the
Capital Henry c. Maine, Of Rochester,
an authority on constitutional law. has
sent a letter 10 the District Committee
strongly assailing the measure on consu-
tutional grounds. as follows.
20 oxford street Rochester y. Y. March n. 1870
To the senate Committee u the District Of Col.m-
bia. WSshnEou D. c.
Gent emeu-I write % enter TTUteSt 10 TC7Ir Com
mitteo on the District of Columbia against the
fsv0rahs Consideration ~ the bin. Senate 5i.o-
To better regulate the trafc 10 Intoxicating liquors
in the District u Columbia.
The measure may De properly termed bill % se-
cure prohibition Of the liquor traffic IN Che District
by indirection through the imposition Of such din
cult reouipments that even business houses. long
established and favoTably known. cauno, comply.
Although the hIl bears sour nsine, ] cannot be
eye that YOU favor those provisions % consent from
five squares Of owners and renters and Of PEOPLE
living within 90 feet 81 proposed liquor store
Men long IN tlr business must comply with these
drastic and degrading conditions when present D..
ceuses expire. and many Will lose the useful erlH
ment - their property and be compelled 90 abandon
business OF retire 20 remote sections In those sec
lions too drastic requirements prevail
The hill follows too closely the system az that
irresponsible predatory, and untaNed corporate n
known as the Anti-Salcou League. Tins destructive
system is based the amazing sCphisry that prop
cry in liquor and its manufacture can he property
and not property az aud the same ume-prpI-
ertv for rnlrpoes - taxation. bat not property when
some cult Of asitatcrs desires 30 destroy l without
compensation, or mourning any ct the penalties Of
taching 10 that form Of rapine.
But IL is a Just conclusion 81 law and common
sense that articles Of lawful commerce under the
law Of nations and the statutes Of the United states
property within the meaning ot the BIN %
night and the fourteenth amendment
The hill Of rights declares that mo person shall
be deprived Of life. liberty. NJ properly without
due process n law nor shall private property d.
taken for public use without INST compensation
No legislative body has any power under this
clause 70 lCSislate property out Of eGiSeDce. and
no Legislature or CCugrss can delegate such power
60 voters And finally. no court can grant such
power So Wherever such power Is exercised 10 l.
| usurped. Congressman take oath 20 support the
Constitution ard DO not take oath to support conf
decisions whether IN the Dred scott case - me
Kansas prohibition crse Congress Is o. should b.
/ guided by the Constitution which IS iu constant
force and efficiency. while decisions are ephcmeral
/ The Constitution rTJlibi's the erection q trad.
! barriers between tthc States but the cult nov
/ dCstru ng millions < property hy mere Chanc
ballot i erecting tradc barriers cutting Of revenue
I and shifting the uudeu Cf taxation without thl
COZ sent q Congress. The Union is actually htiu.
dissolved by this cult which pioduces nothing but
I SpSc.aI si'etl'e u @hAtNilN-
The method Is 20 degrade and dtnounce and 9,
hold that thu hill q rights is % he executed oDli
as subject 10 -heir personal opinions ard only n
| respect 70 those forms Of property they approve
! And u IS a curious fact that some apQareutll
intelligent assent g., these ast0lrdiug PROPOSE
tiosis The effort 10 delegate the power q prohibi
/ ton 10 Hawaii New Mexico. and Arizona Is bassC
ON this theory. While thc truth Is. Congress cauno
destroy vested rights or any legal property By
legislation aud therefore cannot delegate the powu
! 10 destroy without Just compensation
! find upon examining history and oar own condi
tons under the Ualgu efforts e the paid agents N
/ the Anti-Saloon league that in the matter If tht
\ arbitrary and summary cGnisgiion or destruction
/ cf lawful property We are bNt little behind tht
/ French T,rrcriSts IN l1e3
4 When any form = rroTe~'y i wrested from IN
/ ample protection Il constitutional guarantees. tE
! Fundamentals q free goT sTnmsnt are undermined.
! You're, ven trlly. -. ....-
! tSiguedl PENRY e. MAINE