The DeSmet leader. (DeSmet, Kingsbury Co., Dakota [S.D.]) 1883-1891, 1890-05-24

| the power TO prevent embarrassing restrictions
| bv any state was tho end desired, that the pow
or was given by the same words and In the
same clsuse by which was conferred power to
| regulate commerce with foreign nations: and
| That II would be absurd TO suppose that the
transmission of the subjects OF trade from the
state to the buyer. or from the place of produc-
ttnn to the market, was not contemplated, for
without that thore could be no cOnsummated
trade either with foreign nations or among the
states. 1t In explained that where state laws
alleged to be regulations OF commerce among
he states h We been sustained. they were laws
which related 10 bridges or dams across streams,
wholly within the state, or police or health laws,
or to subjects OF n kindred nature, not strictly
OF commercial regulation. But the transporta-
tiOn OF passengers or Of merchandise from one
state TO another Is in Its nature national al
hitting OF but one regulating power; and IL
was 20 guard AGAINST the possibility ot conirn c-s
Cial embarrassments which would result IL one
state could directly or indirectly tax persons or
property passing through 1t. or prohibit partic-
ular property from entrance into the state. that
the power OF regulating commerce among the
states was conferred upon the federal govern
ment.
IF in the present case" said Mr.. Justice
Matthews, the law OF Iowa operated upon all
merchandise sought to be brought from another
state into Its limits, there could be no donbt
that IL would be regulation Of commerce
among the states" and he concludes that this
must be so, though IL applied only 20 one class
OF articles Of particular kind. The legislzt 10 n
\ OF congress on the subject Of inter state COM
| merce by means NJ railroads, designed TO remove
trammels upon transportation between differ
ent states, and upon the subject OF the trans.
portation OF passengers ana merchandise, Re-
yised Statutes, sections 4232 to 42S9, inclusive
including the trans Dortation OF nitro-glycertne
and other similar explosive substances, with
the provisio that, as to them ANY state, terri
tory, district, city or town within the United
States" should not be prevented by the lan-
guage used from regulating or from prohibiting
the traffic In or transportation OF those sub
stances between persons or places lying or be-
ing within their respective territorial limits, or
from prohibiting the introduction thereof into
such limits for sale, use or consumption there
In, Ia referred to as indicative OF the intention
OF congress-. that the transportation OF 3ommod-
tiles between the states shall be free, except
where IL II positively restricted by congress
itself. bv states in particular cases by the eX
presI permission Of congress- II IL said that
the law in question was not an inspection law,
the object of which rs to improve the quality
OF articles produced by the labor OF country,
TO fit them for expectation: or. It may be-. for
domestic use" Gibbons " Ogden, 2 Wheat,
l,2O3: Turner " Maryland, 107 u. 5. $3.50; nor
could 1t be regarded az a regulation Of quaran.
tine q sanitary provision for the purpose OF
protecting the physical health OF the cOmmuni-
ty: nor a law to prevent the introduction into
the state OF diseases contagious, infectious Jr
otherwise. Articles in such a condition IA tend
to spread disease are not merchantable are not
legitimate subjects OF trade and commerce. and
the self protecting power OF each state. there
fore. may bo rightfully eXerted against their
introd uction, and such exercise Of power can
not be considered a regulation OF commerce
prohibited bv the constitution: and the OBJ
servations OF Mr.. Justice CatrOn, In The
License Cases, 3 How. 50i. 500, are quoted
to the effect that what does not belong To
commerce IL within the Jurisdiction OF the
police power OF the state, but that which
does belong to commerce II within the jurisdic
tiou OF the United States: that TO extend the po
lice power over subjects Of commerce would be TO
make commerce subordinate to that power, and
would enable the state 10 bring within the po-
lice power any article OF consumption that
state might wish TO exclude whether IT, belong
ah In which DRINK. food
clothing, and with nearly equal claims To pro-
prlety, as malt liquors and the products OF fruits
other than grapes stand on no higher ground
than the light wines of this and other countries,
excluded In effect by the law as II now stands.
And it would be only another step to regulate
real or supposed extravagance In food aud cloth
ing"
And Mr. Justice Matthew thus proceeds:
For the purpose OF protecting its people
against the evils OF intemperance II has the
right to prohibit the manufacture within It's
limits OF Intoxicating liquors: IL NAV alsO pro-
hibit all domestic commerce In them between
it's own inhabtlnts, whether the articles are
introduced from other states or from foreign
countries: IL may punish those who sell them
In violation OF its laws; II NAV adopt any mea-
sur estending, even indirectly and remotely. TO
make the policy effective until IL passes the
line of power delegated to congress- under the
constitution. II cannot without the consent OF
congress-, express or implied. regulate commerce
between it's people and those Of the other states
Of the union in order to effect it's end, however
desirable such a regulation might he.
Can It he supposed that by emitting
any EXPRESSED declaral ion on the subject, con-
Rress has intended To submit to the several
sta es the decision OF the question In each To-
cality OF what shall and what shall not lie ar
ticles of traffic in the interstate commerce Of
the country? IL So 1t has left to each state. ac-
cOrding to its own caprice and arbitrary will,
To discriminate for or against every article
grown, produced, manufactured or sold in any
state and sought to be introduced as an article
OF commerce into any other. III the sGate of
Iowa NAV prohibit the importation Of intoxi-
eating liquors from all other states. 1t may also
tncude tobacco, or any other article the use
or abuse OF which IL may deem deleteriOus IL
may not choose. even, to be governed by con-
sideratiOns growing out OF the health, comfort,
or peace OF the community. its policy nay be
directed to other ends. Ii NAV choose To estab-
lish a system directed To the promotion and
benefit Of it's own agriculture, manufactures or
arts of any description, and prevent the intro
duction ard sale within It's limits OF any or OF
all articles That 1t may select as coming into
competition with those which IL seeks TO pro-
tect. The police power ~ the state would ex-
tend to such cases, as well as Ia thoFe in which
10 was sought to legtslate IN behalf Of the
health peace and morals OF the people. In view
OF the commercial anarchy and confusion that
would result from the diverse SNertions Of pow
er by the several states Of the union 10 cannot
be supposed that the constitution congress
have intended To limit the freedom Of CONNER
ctal intercourse among the people OF the sever
n states
Many OF the cases hearing upon the subject
are cited and considered In these opinions, and
u.
wherein laws passed by Massachusetts,, New
Hampshire and Rhode Island, in reference TO
the sale Of spirituous liquors, came under re-
view ana we're sustained, although the mem
bers of the court who participated in the de-
cisIons did not concur n anv common ground
upon which to rest them. That OF Pierce ct nj.
v New Hampshire IL perhaps the most import
ant TO be referred to here. In that case the de-
PENDANTS had been fined for selling a barrel of
gin In New Hampshire which they had bought
Ia Boston and brought coastwIse to Ports
md fhAra aaflI in Ina hag nd
in the same condition in which II was purchas-
ed in Massachusetts,. but contrary TO the law OF
New Hampshire in that bebat. The conclusion
of The opinion Of Mr.. Chief Justice Tspey is in
these words:
Upon the whole, therefore. the law OF New
Hampshire II In my judgment valid one.
For, although the gin sold was an import from
anot her state, and congress has clearly the pow
or to regulate such importation under the grant
OF power To regulate commerce among the seyera!
states. yet. as congress has made no regulation
on the scbject, the traffic In the article may be
lawfully regulated by the state a. soon as IL is
landed IN It's territory. and . Tax imposed upon
it, or a license required, or the sale altogether
prohibited. according to the policy which the
state may suppose TO he It's interest or suty TO
pursue"
Referring 20 the cases of Massachusetts, and
Rhode Island. the chief justice after saying
that II the laws Of those states came In collision
with the laws OF congress author ZinR the i'm
pnrtation Of spirits and distilled liquors. II
would be the duty OF the court 10 declare them
void thus continues;
1T has indeed been suggested. that II state
deem the traffic In ardent spirits TO be injurious
TO its citiZens. and calculated to Introduce i'm
morality, vice and paupertsm in the state, IL
may consticutlonally refuse To permit it's Im-
portatton. notwiths standing the laws OF congress-,
and that n state NAV do this upon the same
principles that u may resist and prevent the
introduction OF disease. pestiience or pauper-
ism from abroad. But IL must be remembered
hat disease, pestileRce and pauperism are not
subjects of commerce, al: hough sometimes
among it's attendant evils. They are not things
to be regulated and trafficked In but TO he pre-
vented, as far as human foresight or human
means can guard against them. But spirits
and distilled liquors universally admitted
to be subjects Of ownership and property, and
are therefore subjects OF exchange, barter ana
trafftc. iise any other commodity in which u
right Of property exists. And congress- nnder
its general power to regulate commerce with
foreign pa:iOns, may prescribe what article Of.
merchandise shall he admitted and what exclud
ed: aud may therefore admit. not,
as IL shall deem hest, the importation OF
ardent spirits And inasmuch as the laws OF
congress authorize their import alton. no state
has q right to prohibit their introduction.
These state laws act alt ogetheT upon the re-
tail or domestic traf1c within their respective
borders They act upon the article at er 10 has
passed the line Of foreign commerce, and become
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