The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1913-02-08
Will VOTE ON
BILL REVIvINC
OLD QUESTION
Senate to Pass on Measure Pro-
hibiting Liquor Shipments
to Dry States
WILL COME Up ON MONDAY
Proposed Legislation Involves
Possible Conflict With the
Commerce Law
COURT MAY HAVE TO DECIDE

Washington, -. G., Feb. Sin ac-
curdanCc with an agreement reached
IN the early part of last month. the
United States Senate on Monday will
decide the fate of the Sheppard Ken
son bill, which prohibits the shipment
Of liquor into states where prohibi-
ton laws are in effect. The bill which
will reach It's final vote on Monday
was originally presented 10y Senator
kenyon of Iowa. and was reported fa-
yurably from the Judiciary Committee
o. the Senate. In it's present form ii
provides that any state shall have full
control over liquors which have been
Slipped in interstate commerce from
the moment of their arrival within the
borders of that state
Row questions that have engaged the
attention of Congress in recent years
have occupied more of the time of the
committees of the two houses. and
have brought 10 this city more men
ana women from all parts of the coun-
try To- urge its adoption. or to oppose
IT, than uls bill, which involves some
bighly intricate and important consti-
utiuual questions. This problem is not
r,w, but has occupied the attention Of
congress OF and on for many years.
Questions Involved.
When the question was before the
judiciary committee several years ago
the majority of the committee decided.
tbat. i'm view of the fact that no state
has as yet passed laws which prohibit
q person from receiving and consum-
MS liquors, ii is not within the PROV
incc of Congress to enact laws which
take from such yonsignments of liquor
their character as interstate ship
mcuts, ana subject such shipments to
the police powers of the several states
J. is true that many states have laws
which prohibit the manufacture and
sale within their borders uf intuXicat-
lue liquors. But it has not get been
disclosed that such laws reach the
case of a citizen of such prohibition
state who may purchase liquor from
another state and have It shipped to
bIm for his own use, aud with no in
',ni ou the part OF the buyer to violate
the manufacture aud sale within such
state of Intoxicating liquors
The point has been made in counec-
ton with this discussion that uut'
every state in tie Union has enacted
F,Ns which prohibit the manufacture
ana sale Of liquors. or until state has
actually prohibited the drinking of
l,t. "a ,nE
urrs II Is not possible for Congress
even making allowance for the broad
powers embraced within the commerce
t'auSe Of the Constitution. To pass laws
which shall attach state laws to inter
state commerce or which contain the
'''ments of the proposition that in
''tsiate commerce may be interfercd
WIN either by Congress or by the state
imposed 10y Congress upon diseased
meat lottery tickets. explosives or
'thtr articles notoriously recognized
az SO Injurious To the public health aud
safety as To be legitimate objects of
Tue laws of Congress sgainst the
transportation of such articles in the
VoVimeice between the states.
'' 'plilOlS Oh tue idWytTS toli- .
''rhlng the questions involved in the
oIil are so conflicting that IL is i'm
posSlble To adducc from them any
"shi upon the constitutionality of the
proposed law. In the Congress OF two
years ago the able lawyers of the Ju-
u"afy Committee Of the Senate,
'h''h Included such distinguished men
90 the present Secretary of State, Mr..
Nn'N' senator Rayner. of Maryland.
no recently passed away. and Sena-
'ors Bacon of Georgia. Nelson of Min
'Sota and others, reported directly
Upon THIS question upholding non-con'
Hol 10y Congress-
y" courts of the different states
aud The Supreme Court of the United
suites have from time To time given
p''lohs bearing upon the questions
lowed IN the proposed law and have
''red up some obscure points I'm dis
ru'o' but the vital question whether
uor' shipped from a dealer In one
le direct to consumer I'm another
'' may by Congress be subjected
=, we laws OF the latter state before
=, consignment of liquor has reached
purchaser, will eventually have to
welded by the Supreme Court.