The Portland daily press., 1890-05-01

er If such be her policy; and II this court cannot
| interfere In the case before u.s. neither could we
interfere In the extreme case Of entire exelu-
| si0n.'
Justice Daniel said:
Imports are like all other property CT the eiti
/ zen, whether owned by the importer or his ven
der or purchased by the cargo, packages, bale,
piece or yard. or by hogsheads, casks or bottles.
/ NO right TO sell Is purchased by the Importer
when he pays duties to government. He cannot
i purchase from the government that which u could
not insure him, sale Independent OF the laws
Justice Grier said;
It Is not necessary to array the appalling statis
/ tics of misery, pauperism and crime which have
their origin in the use abuse of ardent spirits
| states, is alone competent to the correction Of
tneSe great evils, and all measures OF restraint or
prohibition necessary TO effect the purpose are
Wllnln the scope OF that authority. All laws for
tne restraint and punishment OF crime for the pre-
serVaton OF the public peace, health or morals,
and lie at the foundation OF social existence They
are Tor the protection Of life and liberty, and
eessariy compel all laws OF secondary Importance,
which relate only TO property, convenience and
luxury, to recede when they come In contact or
colllslon Sdllts popuH slprenlG ler. The exl-
gencleS OF the social compact require that such
laws be executed before and above all others. IL
Is lot mis- reason that quarantine laws which pro-
tect hsaiih, compel mere commercial regulations
70 submit TO their control They restrain the lib
erty OF the passengers; they operate on the ship
wnlcn Is the instrument Of commerce, and on It's
9s 99mceIs and crew. and the rights of navigation.
Ihey seize the infected cargo and cast it over
DoaIu. All these things are done. not from any
power that the state assumes to regulate com
meree, to interfere with the regulations of Con-
sress, but because police laws for the preserva-
tlon OF health, prevention OF crime and protection
OF the public welfare must, of necessity, have full
and free operation according to the exigency that
requires their interference. II a loss Of reve-
nue. should accrue to the United States from a
diminished consumption Of ardent spirits, she viii
be the gamer thousand fold In the health, wealth
and happiness OF the people"
Justice Woodbury. said:
"After articles have come within the territorial
limits of the states, whether on land or water,
tne destruction itself OF that which constitutes
dispensibe to public safety"
In the paper drawn by Chief Justice Full
Ter in the Iowa case recently decided, there is
no word of all this, or of any of it; no rec0g-
milton of the undoubted right of the police
power OF any state to protect its peopl2 from
vice, crime, disease and death, or to provide
for the public safety and welfare, If such
action interfere with the right OF any man to
bring liquors into a prohibitory state and
to sell them in defiance of the law and con-
stitution; regardless of the moral and physi-
cal ruin OF the people. 1t is quite proper to
say, because 1t is true, that the decision of
no moral weight with it. 1t justifes and de-
lends tyranny on the part of the general
government far worse in its effect upon the
people and the general good, than was any
act OF the government Of King George which
drove our fathers to rebellion and justified
them in resorting to that extreme remedy.
AT the October term, 1887, of the United
States Supreme Court in Kansas liquor
cases Justice Harlan delivered the opinion
Of the court. He said:
niaoaq xvhara inf no Iiouora ra man
ufactured sold bartered or given away, or are
Kept for sale, barter or USE In violation OF awa
hibting the manufacture within her limits of in
toxcatlng liquors. TO be there sold or bartered for
general use as beverage, does not necessarily
by the Constitution Of the United States.
"a state regulates its domestic commerce, con-
tracts, the transmission Of estates, and acts upon
internal matters which relate to its moral and DO
litcal welfare. Over these subjects the Federal |
government has no power.
tends often to the destruction OF property.
nuisance may be abated. Everything
preludlclal to the health and morals Of city may
"How can the states be sovereign within their
respective spheres, without power to regulate all
tnelr internal commerce, as well as police, and di-
rect how: when and where it shall be conducted
In articles intimately connected either with |
public morals, or public safety. or pub |
THE states have the right to prohibit the sale
and consumption of an article Of commerce which |
they believe TO be Derniei0us in its Effects and
the cause of disease, pauperism aud crime.
Every law for the restraint or punishment of |
crime, Tor the preservation OF the public peace,
health and morals must come within this ca
tegory
''The police power, which is exclusively In the
states, is alone competent 10 the correction Of
these great evils, and all measures OF restraints
prohibition necessary to effect the purpose are
within the scope Of that authority"
ut cannot be supposed that the states intended
to impose restraints upon the exercise of
their powers for the protection of the safety,
health or morals of the community.
"The state could not, by any contract, limit the
exercise of her power to the prejudice Of the
public health and public morals.
by the settled doctrines of this court, the
police power extends to the protection OF the
lives, the health and the property OF the com
munity against the injurious exercises by any
Estate legislation, strictly and legitimatey for
police purposes, does not in the sense OF the
Constitution, necessarily lntreneh upon any au- |
thority which has been c0nhded, expressly or by |
implication to the national government. 1t Is In |
essential to the protection of the lives and prop
erty OF citizens.
''ft has with marked distincmess and uniform |
ity, recognized the necessity growing out Of the
fundamental conditions of civil society of up |
holding state police regulations, which were en-
acted in good faith, and had appropriate and
direct connection with that protection to life, |
health and property which each state owes to her
citizens. We cannot doubt that the police power |
of the state was applicable and adequate to give
an effectual remedy. That power belonged to the |
states when the Federal Constitution was
have it now. 1t extends to the entire property
and business within their local jurisdiction.
1t will be seen by those who have read
that amazing document, Chief Justice Full
ler's opinion upon which l am commenting,
that it contains no manly word about the
fearful evils of the liquor traffic; no word of
sympathy for the work of the hundreds of
thousands of the best people of the country
who are striving to protect society from the
infinite evils of the saloons; but every word
of 1t goes to break down every law in every
state which proposes to limit in any way the
traffic in strong drink. This decision Is so bad
that am confident 1t will affect the admins
tration Of the court among all right thinking
people as the Dred Scott decision did In that
day. This decision Is so bad that Congress
must feel itself compelled to apply swift
and effectual remedy to the tremendous mis-
chief which must come from 1t TO every pub
lie, social and moral interst In the country.
We may thank Judge Fuller for this-that
whatever he meant by it-he has brought
this question Of protection from the gIog-
shop to the front, so that tomorrow it will be
accepted by all thoughtful people, as out
weighing and overshadowing every other,
which is now occupying the attention Of the
people Of this country. NEAL Dow.
A Talk With Judge Dresser.
Id