Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-05-10

this would of itself stop TIE use OF
liquor; and IL this class were al.
ways treated fairly by those who for
personal or political reasons use
their ignorance and intense devotion.
to the cause for selfish ends, that
the question could be and would be
solved as becomes rational men. con-
trolled by reason and patriotism
rather than by hysteria and blind,
malignant partisanship.
"The state is one of a number OF
States, and not one can legislate con-
trary TO the constitution of the Unit
ed states and the Interpretation
which the courts have made of that
instrument.
THE State can by law forbid the
manufacture and sale OF liquor with
in her borders, but the State can not
prevent its manufacture or sale In
any other State, nor can 1t prevent
the shipment of liquor In unlimited
quantities from any other State into
the state of Tennessee.
"Under the interstate commerce
clause of the constitution OF the
United States and It's Interpretation
by the court, liquor is recognized
as a commodity of trade. jus. as
-four, clothing, shoes or any other
article.
"The State is as powerless to pre-
vent shipments of liquor to tho peo-
pie of Tennessee as 1t Is to prevent
the shipment of any other coumod-
ity which may enter in.o into rstate
trade.
at follows. therefore, that until
the United States Government: itself
forbids the manufacture and sale OF
LIQUOR, or refuses to allow Its ship
ment to State, It IL not ossible
to have a prohibition law. Those
who claim the contrary either do not
know better or, knowing better, de-
ceive the people.
"A law to prevent the anufac-
ture and sale of liquor In tie state
can have only one effect, and that
could be to send from Tennessee to
other states all the money the peo-
pie now spend for liquor, and would
in no wise prevent the use OF liq-
uor, which Is the end desired by
such law, or 1t has no legitimate
purpose at all
ASIDE from the reasons I have
heretofore presented why an act 10
prevent the manufacture and sale oil
LIQUOR should not be passed, there
are other considerations which In
volve the attitude OF the State to-
ward her citizens who are engaged
in this business.
THE manufacturers NJ beer and
liquor have invested large sums OF
money at the invitation of the State
and pay the taxes required by her
laws. An act to destroy the value
of their plants would be confscatior
and without compensation OF any
sort.
IF an individual should apply 9
torch and burn property to th'
ground he could be held responsible
both civilly ard criminally for hi'
act.
"If the State applies the torch o.
statutory conhAation there is NJ
remedy, for the State Is sovereign
and has power to destroy. But with
the power, and with no redress b!
the individuals, should not the Stat
be slow to apply the torch?
And II 1t does, in the exercise
of its sovereignty, should 1t not com
pensate the citizen for his loss?
I'm my opinion no Statc shout
exercise the power to deprive thu
citizen of the use Of his property o
to destroy a business II has made lie
climate. without just and reason
able compensation, and the fact tina
the State has power can not ant
ought not to change the attitude o
the sovereignty sfrom the protecto
to the punishment of its people.
I'm my opinion. the choice whicl
| 10 iOblCdliy anu iheNi''p'S P'SSSh'"'
Is between regulation and control b.
: law of the liquor franc, and secre
or open violation OF the law. II !
the crisis. between openness and eva
: sion. between fairness and hypoc
risy, between real temperance AM
its counterfeit. Any law that will
not be respected and can not be EN-
I forced ought not to be placed upol
p" the statute books. a law that will
brew lying and deceit In the peop
is not a temperance measure, blu
q an intemperance measure. A ma
: who buys liquor in a public plac
: recognized by law may be doin
Q himself and family an injustice, blu
IL he obtains 1t in the Illegal clut
0 or from the express agent under
fictitious name. or from bootleg
: ger, he certainly does the sam
n amount of damage. and has the add
: ed load to bear that he has been
partner In deceit and the laws eva
y sion Convinced, as | have Away
J. been, and now more han ever, tina
IN 10 ar faflttrn "a N