Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1913-02-09
LIQUOR BILL VOTE
IN SENATE MONDAY
Fate of Sheppard. Kenyon
Shipment Measure TO BE
Determined

Monday viii decide the fate Of the
Sheppard-Kenyon bill, which pro-
hibits the shipment Of liquor into
States where prohibition laws are
Ia effect The bin. which will
reach its final vote on Monday. was
originally presented By Senator
Kenyon. Of Iowa. and vas reported
iayorably from the Judiciary Com
mlttee Of the Senate In its pres
ent form II provides that any State
shall have full control over liquors
which have been shipped In inter-
state commerce from the moment OF
their arrival within the borders OF
that State
Few questions that have engaged
the attention OF Congress Ia recent
years have occupied more OF the
time Of the committees Of the two
houses, and have brought 10 this
/ city more men and women from all
parts of the country 10 urge its
/ adoption. or 10 oppose n. than this
bill, which Involves some highly in
tricate and important constitutional
questions This problem Is not new
but has occupied the attention OF
Congress OF and on for many years
When the question was before the
Judiciary Committee several years
ago the ma iority OF the committee
decided that, In view OF the fact
that no state has as yet passed laws
which prohibit a person from re-
ceivlng and consuming liquors. II Is
not within the province OF Congress
to enact laws which take from such
consignments OF liquor their charac-
ter as Interstate shipments. and sub
jet such shipments 10 the police
powers OF the several states. II is
true that many states have laws
which prohibit the manufacture and
sale within their borders OF intoSi-
eating liquors But 1t has not yet
been disclosed that such laws reach
the case Of citizen OF such prohibi-
ton state. who may purchase liquor
from another State and have II ship.
ped 10 him for his own use. and with
no intent on the part OF the buyer
~ violate the laws OF his State en-
acted against the manufacture and
sale within such State OF intoxicat-
Ing liquors
The point has been made in con
nection with this discussion that
until every state In the Union has
enacted laws which prohibit tne
manufacture and sale OF liquors. or
until State has actually prohibited
the drinking of liquors by any citi-
zen within It's borders. il is not pos
sible for Congress, even making al !
loWance for the broad powers en-
braced within the commerce clause l
oi the Constitution. to pass laws |
which shall attach State laws to in I,
tcrstate commerce or which contain /
the elements Of the proposition that |
Ht"rstate commerce may be- inter |
ier.d with either by Congress or bv .
thc state in the transportation OF I
products that are not subject 10 such .
Inhibition as has been imposed by
Congress upon diseased meat. lot
terry tickets explosives or other ar
ticlcs VIGOROUSLY recognized as so
Injurious 90 the public health and
safety as 20 be legitimate objects
of the laws Of Congress against the
transportation of such articles in
the commerce between the states.
The Importance of this question
extends beyond the proposition re.
,pectiug the evils OF liquor drinking
pr the sale Of intoXicauts among the
'eople OF any community. An is a
question of Federal power under the
commerce clause of the United
States Constitution
The opinions OF the lawyers CON 4,
'erning the questions involved In
be- hill are SO conflicting that IL Is ,
impossible 90 adducc from them any /
light upon the Coustitutionality OF
De proposed law I'm the Congress ,
no years ago the able lawyers OF !
be- Judiciary Committee OF the SEN
.te. which included such distin-
ulshed men as present secretary OF I
tate Mr. Knox. Senator Rayner. OF
iaryland. Who recently passed I
way, and Senators Bacon OF Geor- /
ia. Nelson OF Minnesota. and 9th q
r.. reported directly upon this $
uestion UNFOLDING non-control by Z
Congress- a
The courts OF the different states 2
nd the Supreme Court OF the a
'nited States have from time TO S
line given opinions bearing upon a
he questions involved In the pro- {
osed Law and have cleared up some b
bscure points In dispute. but the 4
ital question whether liquor. ship
ed from a dealer In one state direct I
a consumer in another state. NAV /
y Congress be subjected 20 the laws 8
Z the latter State before the con- 4
.gnment OF liquor has reached the a
archaser. viii eventually have to
p decided by the Supreme Court. n
The Num- Electric Company is /
wing 20 per cent reduction on :
nnfrL. fINfmrD. al. rrDnl. nrlr 4