The Birmingham age-herald., 1913-02-02
Congress Practically Sure to
Pass One of the Measures
Now Pending
TO BE REPORTED IN
HOUSE THIS WEEK
Strong Pressure Brought on Both
Sides--Some of the Arguments
Advanced for and Against
the Plan
By c. E. STEWART


Washington, February f.-tspeciao
Some time next week the judiciary
committee of the House will repofs
either the Kenyon bill or the shep-
pard bill or the Webb bill. either of
which provides in substance that II
will be unlawful to ship intoxicating
liquors from any county, state OF ter
ritory in the United States into dry
states or counties in violation of any
law Of such counties or states.
These bills have been pending be-
fore Congress for some time and are
being bitterly fought by the liquor
interests and there has been much
learned discussion as to the consti-
tutionality of them, it being alleged
that they would be blow at interstate
commerce. 1t seems to be the opinion,
however. of the big lawyers of the
Senate, that the bill will stand the
test of the supreme court.
Provisions in Alabama
The present local option law of Ala
bama provides now that liquor can
not be shipped from wet districts Into
prohibition counties in violation of the
law. Birmingham, for instance, cannot
ship liquor to Gadsden, and therefore
1t follows that Gadsden Is customer
OF Chattanooga, or Louisville, or Gin
cinnati. The only way that the citizens
OF Etowah county, where they have
elected to make it unlawful to retail
strong drink, may ratronize state in
dustries, Is to go to market; they can
not send or take advantage of Uncle
Sans recently Installed cheap mode of
transportation. the parcel post, or the
express companies.
Blind tiger operators in dry districts
who purchase large consignments of
liquor for the purpose OF violating the
law, OF course. buy it in other states.
and IL Is the purpose of this bin to
make. the seller OF such liquors par
ticeps criminis In the transaction to tho
extent of taking away his and the pnr-
chasers property rights In the ship
mcnt.
Pressure From Both Sides
There has been great pressure
Drought from many sources upon Con-
gress both for and against these bills.
The advocates OF the measure declare
that a unit OF the state of Alabama.
for instance, whieh elects to prohibit
the sale OF intoxicants and where the
state law provides that other districts
Of the state cannot ship liquors into
that unit, ought 70 be protected also
from outside influences which tend 10
nullify their law, Many members of
Congress who are not prohibitionists
in belief. but who concede that the peo-
pie have the right to local SELF govern
ment VIII vote for the bill declaring
that If community makes law pro-
hiblting the sale of liquor by vote
of the people of that community the
laws of the country ought to protect
them in every way possible In the en-
forcement of their local prohibition.
Contentious of Opposition
There are seevral contentious by those
who oppose. The big fight was upon
the constitutionality of the bill. and In
! deed a portion of the Kenyon bill may
be knocked out on that ground, or II may
be dropped from the bill before it is ulti-
malely passed. or one of the other bills
| in its entirety substituted 1or the Ken
yon bill. But as a general proposition,
| it has been agreed that the bill is coll
| stitutional and many decisions OF the
supreme court in similar regulations have
been cited In support OF this contention.
| Another great argument against the bill.
| Is that it Is a blow at personal liberty
There is grave concern that the personal
liberty" OF some Individual may be taken
from him, and that he Will be deprived OF
same II this bill becomes law.
| The bill, of course, does not attempt
to take away the right Of an Individual
to purchase liquor for his own consump-
ton, and private use. a privilege grained
him under the Alabama law. The bill
is striking at the violaters of the law.
who buy liquor for the purpose of retail
ing 1t to others contrary to the law of
their state or county. But the point made
is. how Is it to be known when tne
liquor Is purchased for that purpose? A
purchaser OF liquor may be a large con
sumner, and therefore. order IN large guam
titles. After while some one grows sus-
picious that the big shipments OF liquor
he is receiving are not entirely for his
own use. Complaint Is made. and toe
liquor confiscated or held until the fact
is established that he is either guilty OF
not guilty. and in any event he gets .
lot OF very unpleasant notoriety out Of
the transaction.
At the Mercy of Crank
| Thus, 1t is declared, that any citizen
who orders liquor is subject TO great