Middlebury register. (Middlebury, Vt.) 1886-1937, 1888-11-02

sion that the police powers of the State
cannot prevent the transportation of
liquor from another State, and the opin-
ion of Chief-Justice Marshall, that that
act of transportation involves by neces-
sary implication the first sale of liquor
in unbroken packages.
"But this is not all. Justices Waite.
Gray and Harlan, in theil dissenting
opinion on this same Bowman case, base
the better part of their argument on the
supposition which they take for granted,
that the first sale in unbroken packages
is involved as part of the act of trans
portation which the court decides the
State is unable to forbid. And they state
that because of this the decision will rem
der the prohibitory laws of any State of
little practical value We quote from
the dissenting opinion as follows
"'If, therefore, as the court now de-
cides, the constitution gives the right to
transport Intoxicating liquors into Iowa
from another State, and if that right car
ries with it, as one of its essential ingred-
tents, authority in the consignee, to sell
or exchange such articles, after they are
so brought in. and while in his posses
sion. in the original packages, it is mani
fest that the regulation forbidding sales
of Intoxicating liquors, within the State,
for other than medicinal, mechanical.
culinary, or sacramental purposes, and
then only under permit from board of
supervisors, will be lof little practical
value. In this view any one-eyen a cit
izen of lowa-desring to sell intoxicat-
ing liquors in that State, need only ar
, range to have them delivered to him from
some point in another State, in packages
= of varying sizes as may suit customers
: 1t is condition, not theory, that
= confronts Iowa, Kansas and Maine today.
S That condition is this: The Supreme
f court has made decision which, beyond
n any reasonable doubt, gives liquor-deal-
S ers of adjoining States the right to ship
n liquor into every prohibition State in
spite of the prohibtory law, and the
IS right to establish agencies for the sale of
that liquor in unbroken packages. The
ID liquor-deaers of the adjoining States are
d already actively at work taking advan-
:, tage Of that right, making up packages
t. containing a quart of liquor each, and
to establishing agencies in the prohibition
he States for receiving and selling those
III packages.
= 1.-The American Express company, in
ne their Transfer Tariff book, issued No
vember, 1887. gave this instruction page
27) to agents:
"'Liquor shipments, c. o. D., destined
to points in Kansas, must not be recsired,
n. on account of present temperance law of
Y that State
"Since the Supreme court decision the
above instructions have been recalled.
On the 10th day of this month agents re-
r. received the following instructions:
10 "'Liquor shipments for any point in
in Kansas may be taken WITHOUT ANY
al RESTRICTIONS WHATEVER.'
nv Remember, too, that it is not State
prohibition alone that is rendered well.
VS. nigh powerless by this decision. Local
option districts as well are thrown open
~ to the unobstructed invasions of liquor.
IN dealers in another State. New York OF
nrt Philadelphia liquor-dealers can establish
ase their agencies in any local option coun-
,v. ty in New Jersey, and sell in quart OF
ors pint packages in spite of the law of thu
,ed State.
,rt Estate prohibition and local prohibi
,,t ton stand stripped today of all their safe
Mo guards. Even restriction by Stat,
lso provisions has very uncertain lease o.
life. 1t is solemn crisis that has beer
reached, and demands solemn thought.
NC 1.-The decision of the court cannot b,
'on changed. Even Congress itself canno
"e change it. That decision must stand
" Where, then, does it leave us? 1t leave
W" the people of the United States with bu
one of two courses before them. Eithe
" we must submit to have every rood o
~" territory won for prohibition by fort,
years's of fighting, lost, or we must e
as on to national prohibition. We must hav
ers national prohibitory law and prohibit
ton Congress. Congress alone can for
NC bid the transportation of liquor into pro
''o hibition States, and its importation fror
''e abroad We must have prohibition
,es. ronx.ns, No.. ,uoh;h;.;or pras,dor,
congress and pronlDltlon fresiden'
nho There is no other resource. 1t is ma
VI. Wv, tional question"
-oN From full discussion of this Who'll
"' matter of the tariff there can be no que:
''A ton that the verdict reached by the grea
majority of reasoners of whatever part
"u- will be that it must be reduced, first, b
ply the making free of all raw materials c
YIN manufacture so that our manufacturer
n.' can compete with those of England an
&c" elsewhere. This Is imperatively demand
for od IN tho interests of labor II ;s ohso,ut,
Us ly necessary to the full development {
ihe American commerce and manufacture
~" This -neeessitates the removal of the dut