Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1890-05-01
ORIGINAL PACKAGES.
Important Decision of the Federal supreme
Court Declaring Their invioiabiilty.

|
adverse 90 the constitutlonality Of Stat
laws providing for the seizure OF liquo
brought into tho State in origina
packages Such laws, the court holds
are an Interference with Interstate
commerce. After the liquor becomes
the property Of the importer the STATE
may, under its police powers, regulate
or prohibit the transportation Of thu
article from another State and its de
livery to tho importer
The case in which the decision wal
made was that OF Gus Leidy a Co.
plaintiffs in error, VS. A. J. Hardin. i
was brought here on appeal from th'
Supreme Court of Iowa and this couri
reverses the decision Of the State court
Justices Gray Harlan and Brewer dis
sented The case is one OF great impor
tance TO Prohibitionists and liquor
/ dealers.
Leidy, beer manufacturer Of Peoria
H., shipped beer TO Keokuk, Iowa,
which was seized in the original pack
ages by Hardin, State oflic al as hav'
ing bocn sent there in violation OF the
Iowa law. The Supreme Court Of Iowa
| held that tho law under which this
official acted was valid.
The Chief Justice in delivering the
| opinion OF tho court cited a number OF
cases bearing upon Interstate com.
merce, among Others 'the license
cases, /" whore laws passed by Massachu-
sets, New Hampshire and Rhode Island
In. IN hn In ~ untr
| liquors came under review in the court
and were sustained, although the mem
bers Of the court who participated
in the decisions did not concur
in any common ground upon which
to rest them, in which Chief JUS
tee Taney Is quoted as holding that
spirituous distilled liquors are univers-
ally admitted 10 be subjects Of owner
ship and property and therefore sub
iects Of exchange, barter and traffic. like
any other commodity in which right OF
property exists; that Congress, under
its general power TO regulate commerce
with foreign nations, may prescribe
what merchandise shall be admitted and
what excluded; but, inasmuch as the
laws Of Congress authorized the importa-
ton OF ardent spirits, no State has a
right to prohibit their Introduction.
After referring to these and other do
cisions bearing on license laws, the court
in its Upinion: saJs:
The decisions rest upon the undoubted
right OF the states of the bnion to control
tn lr purely internal affairs In doing which
they exercise powers not surrendered to the
National GOV rnment.
The power vested In Congress 10 regulate
commerce along the several states IL the
power to prescribe the rule by which that
commerce Is to be governed and Is a power
complete in Itself, nc csnowledging no limita.
tions other than those prescribed in the
Constitution. IL ~ co.cxtensive with the
subject on which IL acts and can not be
stopped AZ the external boundary Of the
State. but must enter it, Interior and must
be capable OF authorizing the disposition OF
those articles which IL introduces. that they
may become mingled with the common mass
OF property within the territory entered
That ardent spirits arc subjects OF Inter
State commerce can not be denied when
ever a law OF a State amounts essentially to
a regui ition Of commerce, as Il does when it
inhibts directly the receipt OF an imported
commodity or | disposition before Il has
ceased to become an article OF trade be
tween one stats ana another Il comes In
conflict with power which In this partlcu-
lar has been exclusively IN the Gene al
Government "A Is, therefore. void. In.
doubtedly IL Is for the legislative branch
OF the state Government to deter
mine whether the manuf icturcr OF par.
tlcular articles OF traffic will injuriously
affect the public and ii Is not for
Congress 10 determine what measures a
STAT may properly adopt as anpropria or
ncedful Tor the prot elton of I c publ
tsl
II is not vested with supervisory power over
matters onlocal administration The respon-
slbility Is upon Gong css 40 far as the regu-
lation of Int r tatc commerce Is concerned,
to remove the restriction upon the State In
dealing with imported articles which have
not been mingled with the common mass OF
property thereln.
Whatever our lndv ldual views may be as
to the delctcrious qualities Of particular ar
ticles. VIC can not hold that any articles
which Congress recognizes as subjects OF In
ter State commerce are not such or that
whatever are thus recognized can be con
trollcd by state laws amounting to rcgula-
tions. while they retain that character, al
though at the same time II directly dangerous
to themselves the State may take appro.
pirate measures to guard against injury be.
fore Il obtains complete jurisdiction over
them. To concedc to a state the power 10
exclude directly or indirectly. articles so
situated without Congressional permis-
sion Is to conccde 10 majority Of
the people OF State, represented
IN the State Legislature. the power TO rcgu-
late commercial intercourse between tho
States by determining What shall be its sub.
jects when that power was distinctly grant.
ed to be exercised by the people of the
United states represented In Congress, and
its possession by the latter was considered
essential TO that more perfect union which
the Constitution was adopted 10 create.
Undoubtedly there Is dinieuity Ia drawing
tho line between the municipal powers OF
one Government and the commercial DOW.
ers of the other, but when that line s deter.
mined accommodation to Il without serious
Inconvenience may read ly be found in a
frank and candid co. operation for the gen.
eral good. Tho decision OF the supreme
Court OF Iowa is reversed.
Justices Gray, Harlan and Brewer. in
summing up the reasons which satisfy
them that the Judgment Of the Supreme
Court OF Iowa should be affirmed, say
that the power Of regulating or prohibit
ing tho manufacture and sale Of intoxi-
eating quors belongs as a branch OF
the police power TO the Legislatures Of
the several States and can be iudici-
ously and effectively exercised by them
alone according to their views Of public
policy and local needs. and can not
practically. II IL can constitutionally. be-
welded by Congress as part Of national
and uniforr- -~@tem.