Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-03-15

tive to the inspection OF meat slaughtered
and dressed outside OF the territory which
would also apply to that dressed anC
slaughtered within her limits, there would
seem to be 10 doubt that such would be q
| proper exercise of the police power, but
an absolute prohibition ~ purely uncon.
stitutional and comes within the principle
laid down in the cases cited
Under this act the legislature is made
the sole judge of the wholesomeness OF
meat offered for sale or public use, and
this is power which it can not arrogate
to itself.
In lO2 U. S. COL, the court says: "The
subjects, indeed, upon which congress
can act under this power CIRCULATION of
commerce. are OF infinite variety, requir-
ing for their successful management diff
terent plans or modes of treatment Some
of them are national in character, and
admit and require uniformity of regula-
ton, affecting alike all the states; others
are local or are mere aids to commerce
and can only be properly regulated by
provisions adopted by their special cir
rnmstances and localities. OF the former
class may be mentioned all that portion
OF commerce with foreign countries or be-
tween the states which consists in the
transportation, purchase, sale and ex-
hange of commodities. Here there can
OF neces ,ity be only one system or plan
n regulation, and that congress alone can
ores ribe. Its non-action is such case
with respect to any particular commodity
or mode OF transportation is a declaration
II It's purpose that the commerce in that
ommo lily, or by that means of transpor-
tation, shall he free there would other
Hlse be no security against conflicting
regulations of different states, each dis.
Eliminating in favor OF its own products
and citizens, and against the products
ind citizens OF other states; and it is q
natter of public history that the obje of
vesting in congress the power to regulate
commerce with foreign nations and
among the states, was to insure uniform
itv of regulation against conflicting and
discriminating state legislation.
In my opinion there Is but one conrlu-
sion to this matter and that, viz: that
lressed beet and pork is an article OF in
ter state commerce and that to prohibit
its sale, unless inspected prior to slaughter,
is to prohibit the sale of an article of IN
ter state commerce, and that the act in
all respects restrictive OF commerce of
that character is absolutely void.
1t has been ably contended that state
Ivy virtue Of its inherent sovereignty
might regulate its own commerce with
,ther states, i'll the absence OF legislation
by congress, and might even prohibit the
importation OF obnoxious articles, such as
ardent spirits; but the United States
supreme court has denied this proposition,
in one of the cases above cited, but more
emphatically in the recent case of Bow
man VIZ. Chicago & Northwestern Rail
way company. lbs u s. 465.
In that case, Mr.. Justice Matthews,
who delivered the opinion OF the court, |
said: at has never been regarded as
Aithin the legitimate scope OF inspection
laws to forbid trade in respect to any
known article of commerce, Irrespective
Of its conditions and quality, merely Oh
account OF its intrinsic nature and the in
furious consequences of its use or abuse"
In his concurring opinion, Mr.. Justice
Field said (lb. PIP. 504, 505): That the
right OF importation carries with it the
right to sell the article imported does not
appear to me doubtful. OF course, am
speaking of an article that is in healthy
ondition, for when it has become pu-
crescent or diseased, it has ceased to be
IN article OF commerce, and it may be
destroyed or its use prohibited.
The radical defect Of the legislation in
question is that it does not confne its
prohibition to diseased or unwholesome
neat, or provide system of Inspection
'egarding any form of imported commod-
ty, but it undertakes to pre- Judge every
ase of such importation, in the interest
If local producers and in defiance of
hose principles of inter state comfy,
which are guaranteed by the constitution,
subject to the regulating power Of con-
,ress.
A territory possesses, however, a much
more limited sovereignty than a state; 1t
las Inherently no governmental powers
whatever. 1t exercises merely delegated
,owers. Congress has delegated to terri
cries legislative jurisdiction over "rightiul
subjects of legislation" Manifestly,
'ubject such as the regulation of inter
tate commerce, which is committed by
he constitution to congress itself, is not {
'rishtful subject" OF legislation by ter
itorial assembly, created by congress for
merely local purpose, with no right of
anticipation in national legislation.
K. Z. mitchell,
Dist. Atty and Act'g Sol. Gen. of N. VI.