The morning news. [volume] (Savannah, Ga.) 1887-1900, 1890-04-29

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be exercised by the people Of the United
States, represented in congress; and
lts possession by the latter was
considered essential to that more per-
rect union which the constitution was
adopted to create. Undoubtedly there is
dlinculty in drawing the line between the
municipal powers Of one government and
the commercial powers of another. But
when that line is determined, accommoda-
ton to it without serious inconvenience
may be readily formed in a frank and candid
cooperation for the general good"
Inc decision of the supreme court of
Iowa is reversed.
DISSENTING OPINION
Justice Gray delivered dissenting opin-
ion in behalf of himself, Justices Harlan
and Brewer. The dissenting opinion saws
that the protection of the safety, health,
morals, good order and general welfare of
the people is the chief end of government.
All statutes of a state must of course give
way so far as they are repugnant to the
national constitution and laws But
an intention is not lightly to be
imputed to the trainers Of the constitution
or to the congress of the United States, to
subordinate the protection of the safety,
health and morals of the people to the pro-
motion of trade and commerce. Police
power extends to the control and regula-
tion Of things which, when used in lawful
and proper manner. are subjects of property
and of commerce, and yet may be used so
as TO be injurious or dangerous to the pub
lie safety, public health or public morals.
LIooUR's EVILS.
Common experience has shown that gen.
eral and unrestricted use of intoxicating
liquors tend to produce idleness. disor-
der, disease, pauperism and crime.
The power of regulating or prohibit
ing the manufacture and sale of in
toxicating liquors, appropriately belongs,
as branch of the police power, to the seg-
islatures of the seueral states, and can be
judiciously and effectively exercised by
them alone, according to their
views views Of public policy and an,
if it can constitutionally, be welded by con.
gress as part of national and uniform
system. The statutes in question were
enacted by the state of Iowa in the exercise
of its undoubted power to protect its in
habitants against the evils, physical, moral
and social, attending the free Use Of intoxi-
eating LIQUORS. They are not aimed at
interstate commerce.; they have no relation
to the movement of goods from one state to
another, but operate only on Intoxicating
liquors within the territorial limits Of the
state; they include all such liquors without
discrimination, and do not even mention
where they are made or whence they come.
REMOTE IN THEIR EFFECTS.
They affect commerce much more re-
motely and indirectly than the laws of the
state, the validity of which is unquestioned,
authorizing the erection of bridges and
dams across navigable waters within its
limits which wholly obstruct the course of
commerce and navigation; or than the quar-
antine laws, which operate directly upon
all ships and merchandise coming into the
ports of the state. If the statutes of the
state restricting or prohibiting the sale Of
Intoxicating liquors within its territory are
to be held in operative and void as applied
to liquors sent er brought from another
state, and sold by the importer in what
are called original packages, the conse
quence must be that an inhabitani
of any state may, under the pretext of inter
state commerce, and without license ol
supervision of any public authority, carry
OF send into and sell in any or all of the
other states of the union intoxicating liquors
of whatever description in cases or kegs OF
even in single bottles or TASKS despite any
legislation Of these states on the subject, and
although his own state should be the only
one which had not enacted similar
laws. We would require affirmative and
explicit legislation on tho part of congress
to convince US that it contemplates, OF
lntenGeQ sucn result.
THE LICENSE CASES QUOTED.
The dissent then quotes the "license cases
in which laws prohibiting the importation
and sale of liquor in original barrels or pack
ages was upheld, and says that the silence
during the forty years intervening since
then appear to require the infer
ence that congress intended that the
law should remain as thereby
declared by this court rather than to war
rant the presumption that congress intended
that commerce among the states should be
free from the indirect effect of such an
exercise of police power for the public
safety, as had been adjudged by that de-
cision to be within the constitutional au-
thority of the states. The court, by the
same vote, reverses the decision of the
supreme court of Michigan in the case of
Henry Lying, an agent for a Wisconsin
brewery, who was fined for selling liquor
without license.
LYNG's CLAIMS.
LYING attacked the constitutionality of
the law on the ground that it would compel
agents for outside brewers to pay $500 a
year license, while brewers within the state
could, under their manufacturers license,
sell at wholesale after paying only S65 an
nual license. He contended that this was
practically regulation of interstate COM
merce, and the court decides in his favor
upon the authority of the Iowa case and
those referred to in that opinion. The opin-
ion rendered by the chief justice in this case
concludes as follows: 1.-The same rule that
applies to the sugar of Louisiana, the cot
ton of South Carolina, the wines of Cali
fornia, the hops of Washington, the tobacco
of Maryland and Connecticut. applies to all
commodities in which the right of traffic
exists, recognized by the Jaws of congress,
decisions Of courts and the usages Of the
commercial world. 1t devolves on con-
gress to indicate such exceptions as in its
Judgment wise discretion may demand un-
der particular circumstances.
EXECUTIVE SESSION LEAKS