The Wisconsin Plan
Westervelt, George
499
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By GEORGE WESTERVELT
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Gilbert D. Hardgrove,
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the Milwaukee Bar Associa-
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consin take over the...
...of the right to control the dispensation of liquor under...
...them, pretends to believe that prohibition has done...
...law in the case are particularly illuminating...
...In this case, it would bring the whole ques...
...It is therefore desirable that...
...practicable...
...prescribing for their patients, than which nothing in...
...in their own boundaries...
...western states which have been carved out of the terri...
...manifold abuses and perils which prohibition has...
...by the state of Wisconsin, through its dispensaries...
...Amendment and the Volstead Act demands a remedy...
...a conspicuous failure...
...which perhaps might be the best thing that could...
...cates that states which are opposed to prohibition carry...
...enforcement adopted...
...leads upon analysis to some very interesting develop...
...rived at, a situation will shortly develop which will...
...This decision, however, did not hold that the United...
...So long as there is a demand for liquor on...
...with exactitude between those things which are actual...
...that...
...Under the existing law, which...
...the exercise of a sovereign function...
...were not by the constitution delegated to the United...
...But it is entirely clear upon the...
...the constitution empowers the federal government to...
...they have never, even by the terms of the Eighteenth...
...It did resort to...
...Unless some...
...revenue to the government...
...That they would also...
...the present time are constantly committed either...
...A cor...
...by the Amendment is not...
...ling the liquor traffic within its borders, which would...
...borders, a suggestion which...
...word...
...the public at large...
...or a similar one founded upon the same principles...
...It has been variously commented upon by the press...
...A state obvi...
...Whatever one may think of...
...That something must be done, some plan evolved...
...It is superior to any...
...Eighteenth Amendment and the whole principle of...
...ritory subject to the jurisdiction thereof for beverage pur...
...plan which could not be worked out with reasonable...
...It would be feasible for its police to inventory the...
...It would at least make legal...
...tax a state or the instrumentalities of a state in the...
...with it...
...the authority of law, and is always subject to the law...
...the science of government, and have been rightly so...
...with liquor, and to sell only to such...
...But if the plan, after...
...place, it is practicable, which the methods of enforce...
...consin take over the dispen...
...It would completely correct the crying abuses which...
...majority, of the people, it is manifestly impossible to...
...As an experi...
...powers...
...It would be fur...
...Eighteenth Amendment nor the Volstead Act (even...
...own borders...
...the same independent sovereignty, and possessed of...
...bids fair to be an ideal solution of the entire liquor...
...and transportation of liquor...
...In effect, the decision in the South Carolina case...
...organizations is equally certain...
...That it would en...
...By the elimination of the...
...In this case...
...the only appropriate legisla...
...traffic if it so desires, an entirely different law would...
...in profits to the state...
...and it is at least worth considering, if...
...of the several states subsequently ratified the constitu...
...power to enforce this article by appropriate legislation...
...import, export, deliver, furnish or possess any intoxicat...
...it sees fit, the liquor held by it is nevertheless subject to...
...is a person in any sense of the term...
...ful interference on the part of the federal government...
...integrate and destroy our dual form of government...
...enormously profitable trade...
...5...
...hibition is confined to a "person," and not by the most...
...mercial operations...
...And it is difficult to see how any law could...
...With the Amendment engrafted...
...ment, it is sufficient for our purpose at present to note...
...hand, is a sovereignty in itself...
...sess" any intoxicating liquor, there is nothing which...
...Ingenious but impracticable 1...
...handle and deal in intoxicating liquors...
...things...
...public...
...other states, pointing out the differences between sover...
...operation, and given a tryout...
...expressly delegated...
...forth in its preamble...
...They also expressly reserved...
...South Carolina case clearly recognized as beyond the...
...This provides (Chapter 2, Section 12...
...in liquor, it is expedient to regulate it and keep it with...
...administration of the law on a scale which would...
...posed is, so far as can be seen at present, the only...
...this experiment, despite the specious pleas and excuses...
...divested the several states of their police power to con...
...a wholesome demand, and should be regulated and not...
...No one who has any...
...now famous and somewhat...
...giving or selling liquors to unlicensed customers or con...
...In the following paper Mr...
...without a more careful consideration...
...contains this definition...
...Even under the most radical interpreta...
...partnership...
...will continue to exist in an increased degree so long as...
...the whole country...
...In the case of Wisconsin...
...There seems, however, to exist in the minds of...
...ment thus far adopted are not...
...rights was absolute and complete police power within...
...admitted to the union since its formation have been...
...The original thirteen states which formed the union...
...to be proscribed as a tax upon a state's governmental...
...To tax a state's...
...Act, in order to prevent a state from exercising this...
...states are merely some sort of municipal divisions of...
...police, and make it a state instrumentality for the...
...Also, it is not a corporation...
...It would greatly lessen the cost of enforcement and...
...evolved, to relieve the present intolerable condition of...
...although administered by the state...
...possible, is at least remote—and with the present law...
...entered into following the close of the War of the...
...It is evident that some...
...way accomplish this...
...dispensation of liquor is controlled, managed and op...
...and its enforcement been shown to be "impracticable...
...in showing, it is entirely within the law...
...Westervelt makes...
...If it should elect to do so it can...
...It is true that, under the authority of South Caro...
...class in the community, viz., the bootleggers, goes...
...as far as any attempt by a state to conduct the sale...
...revenue to the state treasury...
...the language and purport of this statute clearly tran...
...irrelevant and aimless...
...state in the conduct of its governmental affairs...
...the prices could be adjusted to compete with and defeat...
...may be prevented...
...thing else to becloud the whole discussion of the pro...
...concerned...
...welfare of its people...
...as the Louisiana Purchase and that ceded to the United...
...summed up in the words "ingenious but impracticable...
...liquors within, the importation thereof into, or the...
...Section 2 provides that...
...states...
...to the United States only such rights and powers as...
...chaotic condition of affairs, is evident...
...It was as such that they formulated their...
...Volstead Act...
...provisions of this chapter shall be liberally construed to...
...would seem to offer an ideal solution of the present...
...states which originally formed the union...
...But the prohibi...
...There can be no argument and...
...and unsuccessful efforts at enforcement of the Volstead...
...persons, associations, copartnerships and corporations...
...transport and deliver liquors, wines and beers to ap...
...liquor traffic within its borders and can exercise its...
...quality of being "ingenious...
...Thus, the state of Wisconsin may, if it so desire...
...the enactment of appropri...
...efforts tend rather to stimulate the demand than to less...
...sion can hardly fail to stimulate thought regarding what...
...bonded security the use of liquor by customers and the...
...seems to rest upon considerations of policy and expe...
...This revenue could be legiti...
...is lucidly pointed out by the dissenting opinion of Jus...
Vol. 10 • September 1929 • No. 20
