Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1888-04-03
Iowa Liquor Law Decision.
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The full text of the decision Of the Fed
eral Supreme Court in the Bowman case
shows that the Justices went much further
than was indicated in the telegraphie syn
opsis of the opinion, and seem to hold that
liquors cannot only be imported into Iowa
from other Ststes for personal use, bat
that the importer may offer them for sale
and engage IN the open traffic without
being amenable to the State Prohloltory
Law. II such is the conclusion of the SUI
preme Court it will prove a core blow to
prohibition. The point as to the sale OF
LIQUOR once imported into Iowa was not
necessarily involved in the Bowman case
and not directly passed upon by the court
but the Justice rendering the majority
opinion made an intimation regarding 1t
which seems almost conclusive. The JUS
ticts in the minority-Waite, Gray and
Harlan-treated the majority opinion as
holding that liquors taken into the State
could be sold in unbroken packages by the
importer, and this, in fact, was one Of the
chief grounds Of their dissent. They said:
If, therefore, as the court now decides, the
Constitution gives the right to transport intoxl.
eating liquor into Iowa from another state, ana
ifthat carries with il as one of S essential ingre-
dents authority in the Consignee TO sell or ex-
change such articles after they are so brought in
and while in the original packages, II IS mani
fest that the regulation fOrbidding sales oflnlox-
icating lou r within the State for other than
medicinal, culinary, mechanical, or sacranental
purposes. and then only under o permit nom q
board Of supervisors, will be OF little practical
value.
The dissenting Justices refused to unite
in the opinion Of the Court because they
regarded the majority ruling a a virtual
overthrow or breaking down of the Iowa
~Prohibitory law. They say that under it
ANY one-even aci:izsn of Iowa-desiriDg
to sell intoxicating liquors in that State
need only arrange TO have them delivered
to him from some point in another State in
packages of varying sZsS, as may suit his
custcmers." Ifsuch is the meaning Of the
Court it certainly opens the way for the sa-
loon traffic in Iowa, for nothing could be
easier than to put up liquors for the Iowa
trade in bottles containing any number OF
drinks desired, and then skip them into
that State for sale in the original pack
ages" The Tribune did not at first think
the ruling of the Supreme Court had gone
to this extent in authorizing sales of in-
ported liquors, but the minority Justices
80 understand the decision, and the full
text of the opinion shows that strong Ian
guage to the same effect was used by the
majority. The Court, vOicing the opinion
Of the majority of the Justices, said:
1t is easier 20 think that the right of importa'
ton from abroad, and UItranSp5rtatiOn from one
State to another includes by necessary inplics'
ton, the right Of the impOrtcrto sell in unbro'
ken packages at the place where the transit ter
inmates; for the purpose and motive of that
branch OF commerce which consists IN transpor'
tatiOn is that other and subsequent actsOf COM
merCe Which consists In the sale and exchange
Of the commodities transported. Su"h indeed
wa, the point decided in the case Of Brown vs.
Maryland. - Wheat il9, as II foreign com
meTcr. with the express statement III the opin'
ion OrCh:CfJuSticC Marshall that the conclusion
would be the same in a ca Z Of com perCe among
tee states. But tits not necessary now TO expires,
any opinion upon the point, because that ques
ton does net arise in the present case.
Although al O5t,rdictum, this statement
can hardly be construed 10 mean anything
else than the opinion of the cur: that lq'
uUIs imported from other States or foreign
counties can be sold freely in Iowa in tie
original packages. In the Brown VS.. Mary
Ind case to which the court now alludes
a7prociDgly CHER Justice Marshall said;
sale is the object Of importation, ard Is
an essential Ingredient in that intercourse
OF which iupo, tatiou constitutes a part. 1t
is "a essential an ingredient, as inGiSpen-
sable to the entire thing, then, as impOrta-
tiop. II he considered as a component
part Of the power 10 regulate commerce"
Putting articles imported from other
States or frcm foreign countries under the
exclusive authority of Congress, both as
to transportation and sale while in the
original packages, it would seem that the
decision Of the Supreme court practically
strips the Iowa prOhibitory law of all force
or effect, since it would be only farciCal
for the Safe to close it's own breweries
and distiileries and punish the manufdc-
ture and sale Of domestic liquors while a
flood OF Intoxicating drink poured in from
the outside and was openly sold in I'M
broken packages containing any number
of drains desired. Others besides Pro
hibitionists will regret that the Supreme
Court felt compelled to 20 SO far in its de-
cisi6n and to cripple So seriously the police
power Of Iowa in dealing with the liquor
traffic.
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