Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1881-02-18
DortQ oborfa Times
PORT TOBACCO:
Friday Morning, February 18th, 1881

PORT eco:
Friday Morning, February 18th, 1881
Tobacco Inspection.
With all due Difference to the "theoret-
ical view" which eur nsighbor, the Inde-
pendent, takes of the tobacco inspection
laws of the State of Maryland, we cannot
perceive any proper analogy between these
laws and the protective and prohibitory
tariff legislation, which some governments
enact in contravention Of the doctrine Of
Free Trade" If the State were to as
sumo to tax her entire population with
the expense of conducting this system Of
protection to the planter, or if she levied
such an onerous charge upon the tobacco
inspected at her warehouses, as to incapaci-
tate her citizens from successful compsti-
ton with citizens of other States in the
expectation of this product, then the laws
might be open to this objection but Is
their sole object is to assist the planter in
placing his productions upon the market,
and to protect him therein, and they levy
upon his product only such charge as is
requisite for the discharge of the neces-
sary expenses of the system, (and that, as
has been shown, lower enc than is paid
by producers in other States,) they, obvi-
ously, do not partake of the nature of the
obnoxious class legislation, which is alike
condemned by liberal minds in monarch
ical as we'll as popular governments. In
deed, we have the high authority of Chan
celer Kent for the opinion that inspection
laws are net in the nature Of regulations
of commerce at al.
For this eminent jurist says q
Comm. 439): inspection laws are not
strictly speaking regulations of commerce.
Their object is to improcs the quality Of arti-
eles produced By the labor of the country, and
to fit them for erportation or for domestie use.
These la,cs act upon the subject before it becomes
an article Of commerce" Itbecomes exceed
ingly difficult, therefore, to see wherein
these laws are in contravention of the doc
trine of "Free Trade"
Neither do We think that it can be sue
cessfully shown that these laws are incon-
sistent with the nature and principles Of
our State government. The Government
of the State of Maryland is not q pure
Democracy, but a constitutional Repub-
lie. Although, according to our the
DRY of government, the people are the
legitimate source of all power; yet when
the people organize themselves into po-
litical communities for their mutual pro-
lection and general welfare, each individ-
ual surrenders certain of his absolute
rights to the community, in order to ac-
complish the desired end. This surrender
of rights is known in popular govern
msnts as the social compact, and in our
State governments is evidenced by written
constitutions.
These powers, thus surrendered and del
egated to the community, become the
legitimate powers of the government, and
are properly exercised by the governing
authorities. All acts done and laws mad
by the government within the scope of the
powers thus conferred are binding upon
the people, and every good citizen is in
duty hspnd to accord q, nromnt and nm
questioning obedience thereto. 1t is not
accurate, therefore, to say that "any at
tempt by the official classes, whether
through legislative enactment or other
wise, to control the freedom of the people,
except so far as may be necessary for the
common good of all, is an Infringement Of
their rights and violation of the spirit
of our Institutions" The authority OF the
government to make laws for the people
does not rest upon what may be any in
dividuals opinion OF what may be '.neces-
sary for the common good of ALL" but
upon the terms and intendment of the So
cial compact, which is evidenced by the
written constitution.
This being 80, we have only to look at
the written constitution Of the State Of
Maryland and the constructions placed
upon it to ascertain whether the inspection
laws are within the legitimate scope Of
the powers of the Legislature. Upon this
question there can be no doubt.
The regulation of the inspection OF to-
bacco had been uniformly recognized as .
legitimate governmental power since a.
early period in her colonial history -
the year 1915, which was, We believe, the
date Of the first law on this subject. And
when, after these colonies had thrown of
their allegiance to the British Crown, the
people of this colony entered into social
compact for the esta blishment of the gov
eminent of the State of Maryland, this
power in the legislature Of the new Re-
public was still recognized and granted.
This power in the State government has
found recognition in the organic law Of
Maryland ever since, and statutes in pur-
suance of it have been continued in force.
Express recognition of the tobacco in
spection system is found in the present
constitution Of the Sta.e art. 2, sec. 13).
When the people of the several States as
sem bled in convention for the establish
ment Of the Federal constitution, 30 much
Importance seems to have been attached
to their inspection laws by the people of
some Of the States, that an express recog
milton of them is found in that instru-
ment, CART. 1, sec. 10,) where it is pro-
vidsd that mo State shall, without the
consent Of Congress, lay any imposts, or
duties on imports or exports, Except schat
may be absolutely necessarytor executing its In