The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1890-10-22
DECISION IN AN IOWA CASE.
The Prohibitory Statute Declared to Re
Uncon stitutionaL
Cedar Rapids Iowa) dispa tch.

Cedar Rapids Qowa) dispa tch.
Judge John T. Stoneman, of the Su-
perior Court of this city, has rendered a
decision in three liquor cases brought
under the Iowa prohibitory statute. The
decision amounts to declaring the Iowa
statute unconstitutional and imperative.
During the month OF June, 1890, the
ST. Louis brewing firm OF Anheuser,
Busch & Co. opened an agency in the
town of Marion, Linn County, and ap-
pointed as their agent at that place JOS
eph Coenen. Quantities of beer were
shipped and transported in quart
bottles, securely corked, sealed, and
separately labeled, by railroad to
at Cedar Rapids. packed in boxes and
barrels, which boxes and barrels were
opened, and portion of the bottles for
warded to Agent COenen at Marion in
the same condition as when shipped from
St. Louis. Coenen sold the same with
out uncorking or unsealing TO customers
who desired to purchase the same, either
by single bottles or in other quantities
About this time III. II. Abrams, pastor
of the Christian Church at Marion, be-
gan proceedings against Cocnan for vio-
lating the prohibitory law. claiming that
the opening of the boxes or barrels at
Cedar Rapids, in which the corked and
sealed bottles were shipped, destroyed
their character rs original packages.
Judge Stoneman in his opinion de-
clares the act of Congress known as the
Wilson bill is not intended 10 be retro
active in its effect and does not rehabili-
tate any statute that had been previously
declared unconstitutional and void by
the United States Supreme Court. 1t is
simply permission TO the several States
in the future TO legislate in the exercise
Of State police powers on subject mat
ter which, prior TO the act OF Congress,
the States had been debarred by the
Constitution of the United States from
dealing with. The supposed authority
of Congress in the foregoing legislation
is claimed TO be derived from this clause
of the Constitution OF the United Ltates:
"Art. l, Sec. g. The Congress shall
have power, among other things, to reg
ulate commerce with foreign nations,
and among the several States and with
the Indian tribes"
1t is suggested that Congress cannotd
assume any power not granted by the
Constitution, nor can IL abdicate TO the
several States any power OF legislation
exclusively logged In Congress by the
Constitution, and 10 Is insisted that un-
der the clause of the Constitution above
cited the authority 10 regulate COM
merce with foreign nations, and among
the several States and with the In
dian tribes is exclusively vested in Con-
gress. II Congress has authority TO
delegate its powers to the State, then
it may define the police power of the
State so as TO include control over any
and all other subjects of foreign or do
nestle commerce, and thus enable the sew
eral States 10 surround their respective
territories with a Gordon of impossible
commercial walls. 1t was this very evil
present under the confederation which
was sought to be obviated by the adop-
ton of the Constitution, and the doctrine
does not seem consonant with reason
that Congress now has power by permits
sive legislation to enable the several
States to defeat the very purpose of the
Constitution. II
He therefore granted a perpetual in
junction to restrain Abrams from insti-
tuting proceedings or interfering with
the business OF the plaintiff selling liquors
in original packages. The case was sub
mittcd TO Judge StOneman Sept. 20, and
has been In consideration since that time.
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