The American issue. [volume] (Westerville, Ohio) 1912-19??, 1931-05-01
Address Against Repeal Of State Prohibition Laws
Delivered the Senate by Hon. James Barbour the Occasion of
the O'Grady-McDermott Bill, March U.s. 1881

1.-The solemn duty which confronts us
now is not one that calls for action on the
part of any senator on the basis of his
individual wish or belief as to whether
prohibition on the one hand, or, on the
other hand, unreStrained use and traffic
in liquor in Illinois should be the subject
of legislative action; nor yet is 1t prop
oSition as to whether ones constituents in
his particular senatorial district have by
a majority vote expressed themselves for
or against the repeal of the Illinois pro-
hibition act
My remarks today, and my vote on
the roll call, will in no sense register
conviction that the state of Illinois stand
ing by itself should be prohibition state.
It do not regard ones personal views
on that subject as entering into or hav-
ing any bearing as to the way abid-
ing citizen and an oath-bound public OF
fetal must vote if he fulfills the obliga-
ton which he entered into when he was
installed in Office to support the consti-
tuition of the United States.
"On four different occasions, in Janu-
airy of the years 1917, 1921, 1925, and 1929,
I have stood with tWenty-four other SEN
ators, all from even numbered DISTRICTS
and I have been sworn into office upon
each occasion by judge of the supreme
COul6 VI CllG SOdOe Vi 1lllllOlS, dIlu L, dllu
all of you my fellow senators, likewise
upon your entering upon the discharge of
your official duties took the following
oath:
CITES OATH OF SENATORS
"I do solemnly swear that will sup
port the constitution Of the United States
and the constitution of the state of Hi
nois and will faithfully discharge the du-
tinc of senator npr0r6inp tn tho hnct nf
my ability; and that have not knowing
ly or Intentionally paid or contributed
anything, or made any promise in the ma
ture of a bride, to directly or indirectly
influence any vote at the election at
which I was chosen to fill the said Office,
and have not accepted nor will I accept
nor receive, directly or indirectly, any
money or other valuable thing, from any
corporation, company or person, for any
vote or influence 1 may give or withhold
on any bill, resolution or appropriation,
or for any other Official act
""This constitution and the laws of the
which I have SO many times sworn to
support provides in Article VI, Section l:
This constitution and the laws of the
United States which shall be made in
pursuance thereof shall be the SUI
preme law of the land; and the judges in
every state shall be bound thereby; any
thing in the constitution or laws of any
state to the contrary Notwithstanding.
1.-The senators and representatives be-
fore mentioned and the members of the
state legislatures, and all executive and
judicial officers, both of the United States
and of the several states, shall be bound
by oath and affirmation to support this
constitution
81 regard these various oaths that I
have taken, because of the requirements
of the constitutional provisions quoted, as
mandatory on me to support, and not to
nullify, the supreme law of the land.
The Eighteenth Amendment of the
United States provides:
"'Section l. After one year from the
ratification of this article the manufac-
ture, sale, or transportation of intoxicat-
ing liquors within, the importation there
of into, or the expectation thereof from
the United States and all territory sub
ject to the jurisdiction thereof for beyer-
age purposes is hereby prohibited.
"'Section 2. The congress and the sew
eral states shall have concurrent power
to enforce this article by appropriate leg
islation.'
Acting in pursuance of that constitu-
tional amendment the congress of the
United States enacted the so-called Vol
con1pelled to sign the bill. But it's pro-
ponents have refused to permit it to Sc