The intelligencer. [volume] (Lexington, Mo.) 1887-1891, 1890-05-24
STATE POWER OVER THE LIQUOR
TRAFFIC CRIPPLED.
From the New York Herald. 1

Since the announcement of the de-
cision OF the United States supreme
court in the Iowa prohibition case
there has been much speculation in all
parts of the country as 10 its meaning
and effect.
A careful examination OF the official
text Of the opinion OF the majority, as
we'll as that of the dissenting Justices,
and also still later, opinion of the
court in a similar Michigan liquor case,
shows that principle has been
affirmed of sweeping and far reaching
importance-one that seriously cripples
the power Of the states not only to
p"onibit but also TO tax or license the
liquor traffic.
The facts in the first case are that
Leisy & Co., brewers of Peoria, ILL.,,
shipped 10 their agent in Beokuk Iowa,
a consignment OF beer in kegs and in
bottles packed i'll cases. The beer was
intended and offered for sale in Keokuk
in the unbrOken kegs and cases by the
agent. While in his possession a lot of
it was seized as being held and offered
tor sale In violation of the Iowa pro-
hibitory law This seizure was sus-
tanned by the supreme court Of the
stale. 1t was declared unwarranted
and unlawful by the supreme court of
the United States.
In the second case it appeared that
Hagemeister & Co., of Green Bay,
Wis, had shipped to Henry Lying, at
Iron River, Mich, a number of kegs of
beer to be sold by the.keg. Lying was
convicted for selling the beer without
payment of the state tax. The convic-
tiou was affirmed by the supreme court
of Michigan. 1t was set aside at WASH
iDgton on the ground that the tax was
q burden on interstate commerce which
the state had no power to impose.
In the first opinion the supreme
court of the United States affirmed and
in the second followed these broad
principles:-
All commerce among the states is
under the control OF congress and be-
yOnd slate jurisdiction:
Without the consent of congress a
state has no constitutional power or
right to control or regulate such COM
merce, to impose any burdens upon it,
| or TO Interfere with il in any way. This
is true OF any and every article OF inter.
state traffic.
/ 10
ton from one state to another. If q
state line is crossed distance is imma-
terial, and it matters not what may be
the mode of transportation. Bringing
any commodities from Jersey City tC
New York for sale on truck, in .
market wagon, or even'in basket car
ried by a person, is interstate com
merce.
Merchandise forms a part OF interstat,
commerce and is under the control o
congress while it is in the origina
package3 and until it reaches its desti
nation and is disposed of by the i'm
J porter or consignee.
Apply these principles TO liquor
sent from one state TO another.
, state may not forbid their importation
II may not prohibit their sale in lh,
original package by the importer.
may not tax them, require license t(
be taken out for their sale, or other,
wise regulate or interfere with thei
disposition.
The seller has only 10 show tha
he ordered the liquor from anothe
state and that he is selling it in the un
; broken original PACKAGE
The original package may be bar
rel or keg, a quart bottle, pint flas
or even an ounce vial.
See where this decision leaves New
York. a liquor dealer OF this city ha
only to- send a truck to Jersey City TO
supply OF whisky in TASKS or TO Ho
boken for a load of beer in bottles. Ill
is free TO sell this in the metropoli
, without an excise license and withou
g., the payment of any tax.
The state has no power TO stop hin
nor the excise commissioners any au
; thority to interfere with him.
Il NAV be that the state may preven
a regular saloon traffic in such case by
prohibiting the drinking of such liquor
On the premises where sold. But ever
that would require legislation a
Albany.
This is an amazing turn of affairs
not only tor New York, but every
state in the Union. Ii enables liquor
dealers to eyade and defy local prohi-
bition, tax or license laws. 1t par,
alyzes the power OF the state to dea
with the liquor traffic.
The only remedy is congressional
action. The supreme court comedies
that congress may come TO the relief
of the states. a bill for that purpose
has already been introduced in the
house by MIR. BoutelIe, OF Maine.
Unless congress acts any common.
! wealth NAV be lett at the mercy of the
liquor traffic.
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