The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1890-05-07
STATE RIGHTS AND INTERSTATE
RIGHTS.
From the Globe-Democrat.

From the Globe Democrat.
The decision of the supreme court in
the Iowa Original package case has
some extraordinary, not to say revolu-
tionarv. features. 1t directly antagOnizes
the venerable Democratic doctrine of
state rights. and asserts a theory of in
terstate rights which materially enlarges
the scope of federal interference in local
affairs. Singularly enough. all the Dem
ocratic members of the court Join in the
decision, while three of the six Republi-
can members unite in dissenting Opin
ion. Moreover, the fomer go against a
ruling made in a similar case forty years
ago by a Democratic chief justice and
concurred in by all of his Democratic col
leagues. The theory of strict cOnstruc-
ton of the constitution III respect Of
grants Of federal power is practically
discarded in favor of theory which. 10
say the least. Is a surprising concession
to be made bv men Of Democratic faith
and association 1t has been understood
heretofore that the authority of state
was supreme in the matter of dealing
with the liqor traffic. even to the point
of absolute and complete prohibition:
hut this decision upsets that idea in a
most pronounced way. There is q NTH
erto unsupported federal power. Ii tells
us. in the constitutional provision with
regard to interstate commerce, by which
state authority Is 50 limited as 10 leave
room for the defeat Of almost any form
of local restriction of said traffic. IN the
absence of congressional warrant for
such action.
To be sure. the decision does not say in
so many words that state license laws as
well as those of prohibitory character
are void as 70 original packages of liquors
shipped in from another state: but the
drift of the legal construction i 70 the
effect that such Is It's logical meaning.
II this shall turn out 70 be the correct in
depreciation. then the whole system Of
liquor legislation viii be revOiutionized.
To say that a state must COnfine its laws
to liquors produced within It's own linn
its. or mingled with the mass OF com
mon property" by breaking OF the Origi-
nal packages introduced from another
state. l. equivalent 10 saying that the
traffic NAV be carried on IN spite OF
any law that q state may pass Ii
Cense laws. particularly when they i'm
pose a high charge. differ from prohlb-
tory laws in form rather than IN prinCI-
Pile Anv process Of restriction or cur
tailmenI Is IN a given measure dlscrlml
native. and 50 comes implicitly within
the forbidding clause Of the constitution
concerning interstate commerce, a. de-
fined in Chief Justice Fulier's opinion.
1t devolves upon congress, the court
saws in an analogous case decided the
same day. TO indicate such exceptions
a in It's Judgment wise discretion NAV
demand under particular circumstance
That i 10 say. the state right 70 control
and regulate the sale 81 liquor = subordI-
nate 10 the interstate right 20 import and
sell liquor IN original packages, and b.--
fore the state can prohibit OF restrict
such sales il must have congressional
permission - do -. Possibly the com
plete decision. when published viii D.
found 10 contain some modifying terms: F
bat a. it now stands. this = n1auIfssTly
what il means. and the states viii have
10 govern themselves accordingly.