The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1890-05-16
Asweepinp opinion.

\ Sweeping Opinion.
It seems that the decision of the SUI
preme court of the United States, regard
ing the importation of liquor into prOhl-
bition states, and sale thereof in original
packages, was a decision which did not
decide. Two very diverse views as to its
meaning are held by commentators.
Some are of the opinion that after the de-
livery of the goods to the consighee they
become subject to the police power OF the
state as expressed in license or prohibl-
tory laws. Others are Of the opinion that
if the liquor gets into the hands Of the
consumer in original packages, no power
n the state can punish either the import
er for selling or the consumer for buying
and drinking. Among these latter com
mentators is Judge II. c. Henderson, Of
Marshalltown, Iowa, who has written to
the Des Moines Capital a letter which
makes the msot sweeping declarations as
to the utter inability and helplessness o.
any state to regulate or prevent the sale
of any kind of liquor to any person in
any quantity by an importer and in orig
inal packages. Judge Henderson is a
radical prohibitionist and unquestionably
an able lawyer, and his views must be
accepted as the best expression yet made
of the wide-open view Of the DECISIONS
effects.
In this connection, a popularity of the
laws of South Dakota will possibly cut
quite a figure. The first offence against
the prohibition law is only a misdemeanor.
County judges have exclusive jurisdic-
ton in misdemeanors. Therefore, neith-
er the grand jury nor the circuit court
can have anything to do with these first
offences. II the county judge in any
county shall be OF the same opinion as
that expressed by Judge Henderson in
his letter as printed herewith, then the
shO wing that the defendant had sold in
original packages would secure his re-
lease. By reason of this popularity of
jurisdiction, there may be II result in
IL county, and a totally different result
in another, until uniformity shall be Sc
cured by decisions OF higher tribunals.
The points made by Judge Henderson
as to Iowa are as follows:
/. That s%aloonkcepers "a import into
this state from another state or nation,
any kind of liquors in any kind OF pack
ages, however small, and sell any pack
age to any customer, without regard to
age, sex, color or previous condition, ever
the veriest sot, without let or hindrance,
50 far as any law to the contrary is con
cerned.
2. That the person to whom it is sold
may drink it in the place where it is sold
or elsewhere, as there is no law of this
state OF congress prohibiting the lawful
purchaser of liquors from drinking il
wherever he pleases.
3. That the state has no power to pro-
hibit nor regulate nor tax nor license
such a sale, nor is there any limit to tn,
kind or quantity nor quality of the liquor
so sold, only that it must be sold in thu
original package or packages. If the
original packages consist of half-Ounct
phials, or any greater or less quantity
except when imported from foreign
countries. in which case the laws of con
gress prescribe the size and quantity Of
bottle packages a phial, a bottle, a dray
load or a carload may be sold to one Gus.
toner.
4 The decision practically nullifes
all state laws prohibiting or licensing OF
in any manner regulating or interfering
with the sale of any liquos imported into
any state from another state OF foreign
nation.
5. That saloons for selling liquor
in walls or bottles, in the original pack
ages, can be established thick on ever,
street in every city, town or village il
Iowa or in any other state, if brough
from other state or foreign country.
6. Finally, it is practically and neces
sarily a death blow to both prohibition
and license (.'for revenue only") and al
restrictive and regulative laws, and Their
is no remedy short of congressional &C
ton, only that, in case the business is car
ried on in such a disorderly manner as t
be q nuisance, l suppose the state ma,
punish the disorderly proceeding as
nuisance.
may add in conclusion that our law
will still be operative as to the manufac
ture and sale, or keeping, with intent t
sell, liquors not in the hands of an I'm
porter and order his packages from with
out the state in size, kind and quality t
suit his trade and convenience. Tlos
who ship in larger quantities and bottl
in this state will be liable under tn
state law.-SiouX Falls Press.