St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-05-26
IS IT KNOCKED OUT /?
The State Dairy Law and the
Late Original Package
Decision.
An Oleomargarine Provision
That May Become a Dead
Letter.
Legal Talent Brought to Bear
on the Doubtful
Point.
Commissioner Ives Is Will
ing to Give a Chance
to Test It.

Dairy Commissioner Ives, in discuss
ing the "beef inspection" and the
"originaI package" decisions of the
supreme court of the United States a
few days ago, said:
1.-THE former is good law for Mime
sofa if it could be made operative"
Upon being asked how he regarded
those decisions when considered in con-
necli0n with the dairy laws of the state
and the effect of a test case being made
OF the right to ship oleomargerine and
butterine into the state. he replied that
they do not affect our law. But after a
review of the opinion known as the
Original package decision," he said:
THAT is more in the line of touching
upon the dairy law. If any one wants
to test it, however, let him go ahead. l
will enforce the law, and if there is any
holes in our skinner | want to find it
out. The dairy law is productive of
good results, and if it needs to be cor
rected, now is the time to agitate
the question, so that the coming legis-
lature may be informed as to what ac-
ton, if any. shall be TAKEN" He said
further that he had been acting Oh the
Interpretation given by the supreme
court of the United States upon the
right to ship liquors into Kansas, and
thought that the federal court would
sustain the law of Minnesota which
prohibits the manufacture and sale of
oleomargerine, or like preparations, in
this state.
AS to the questions raised involving
the right to regulate or prohibit inter-
state commerce, and whether the state
had the right to pass such laws, he was
not disposed to enter into discussion.
There being need for such law as
the dairy law, he would inforce it; and,
if Armour or any one else wanted to
test the law by shipping packages of
butterine or such substance into the
state, he would give such person
chance to test the law.
APPLIES TO THE DAIRY LAW.
EX-United States District Attorney
George W. Baxter said: 1.-The supreme
court of the United States, in the Or
iginal package and meat inspection de-
cisions, has declared itself Oh the queS
ton of interference by the police regu-
lation of the state with interstate COM
MERGE. 1t seems to me that the declara-
ton is against such interference. [
can't see why the same distinction
would not apply in case of the restric-
ton placed upon the bringing Of oleO-
margarine and similar preparations into
this state as would apply in the case of
liquors and beef. | think the same rule
in respect to importation would apply"
PRACTICAL INHIBITION.
United States District Attorney Hay
said: ''UnleSS the dairy law be con-
strued to be operative because of the
impurity of the article imported |
scarcely think such construction
would be given-the same rule laid
down in the original package decision
as to liquor. That decision holds that
a resident of another state has the right
to ship in. as original package-whether
it be a barrel or bottle-but when it
becomes mingled with the property of a
state by being sold to resident there
of, the law of that state would govern.
No disposition can be made of the
article except as prescribed by the law
of the state after it has thus mingled
with the common property thereof by
being disposed of in the first instance.
That would amount to practical inhibi-
ton of sale by retail or dispensing it in
the state. The purchaser could buy for
his own use, but could not sell to
oJhers."
THE LAW SEEMS VOID.
J. c. Michael said: ''Inasmuch as the
supreme court of the United States has
decided that state has no power to re-
strain the importation of an article of
commerce into that state, and that such
article does not become subject to local
regulation until after sale of the orig
inal package. it seems clear that the
Il lou To fc.v frr.
as it seeks to prohibit the importation
margarine or butterine. The statute
seems directed against those and similar
articles on general grounds, and does
not leave the question open to show that
they are not unWhOlesome as articles of
food"
SEVERE BLOW TO FANATICISM.
Daniel w. Lawler said: 81 have
carefully read the decision and put it
aside for further study. The chief JUS
tice marks out very clearly the dividing
line between the jurisdiction of con-
greSS and the power of the state legis-
lature. The GLOBE would be doing a
great service to the public, if it would
present to each member of the judi
ciary committees of our next legislature
copy of this decision. 1t is
good thing that state legislatures
| are governed by some higher
law. If the Judgment of the supreme
| court of Iowa had been sustained, it
| would be in the power of state legiS-
lature to covertly shut out all inter
| course with other states. The opinion
| brings us back to the old-fashioued idea,
| that the national congress and the state
! legislature is each supreme, but supreme
| only in its proper sphere. The decision
is also severe blow to the fanaticism
which delights in Sumptuary laws. 1t
is hint to the Iowa legislature that
| perhaps it is safe to accord some slight
measure of freedom of action to the
| citizen, and refutation of the crank
theory that men can be made good by
statute"
RUNNING VIEWS.
Walter II. Sanborn said that owing to
| his position with reference to litigation
over the validity of the law he could not
| give an opinion. G. n. Bell said he had
not examined the decision and was not
| prepared to discuss the effect upon the
| dairy law.
Judge Nelson, Of the federal court,
said the construction of the law might
| be raised before him. as in the case of
| the meat inspection case. and it would
| not be proper to express an opinion.
CHANGE OF MANAGERS.
z. f. Egan, of st. Paul, to Manage