Dodge City times., 1890-07-04

age case, is founded on one opinion
namely: That intoxicating liquor
are an article of commerce, and in $,
far as the dealing in such commodit,
Is between the states aud constitute
what is known as interstate commerce
the state Is powerless to pass laws {,
prevent or interfere with it.
/ Wien beer and whiskey are declared
to be articles of commerce in the fuI
and unrestricted sense, all the res. in
evitably follows.
! The supreme court has indicated iu
its opinion that congress can grant re-
lief FROM the force Of this decision,
which is broad iutimation that the
supreme court will uphold legislative
restrictions in dealing with this CON.
modify.
The pending bill before congress,
which has passed the senate, known as
the "Wilson resolution, devolves up.
on the states the power Of regulating
commerce in Intoxicating liquors, and
limits the freedom ofsuch commerce in
accordance with the requirements of
the laws Of the respective states in that
behalf.
There have been serious doubts ex.
pressed by constitutional lawyers as to
the power Of congress to delegate the
regulation in any respect of interstate
commerce to the states, such regula-
tion being imposed as duty on con-
gress by the constitution of the United
states, and withdrawn from the people.
1t is fair to presume. however, that
this question has been considered by
the supreme court in calculating the
Inevitable effect of the recent decision,
and that that court will uphold the
Wilson bill as a constitutional exercise
Of power BY congress.
There is, however, a still more DIFF
icult question mooted among the law
yers on this subject, namely: Wheth-
er the bill, if enacted will be applica-
bic to the regulations in existence in
the states prior to its enactment. The
resolution is not, in terms, retrospect
i've, and it is believed by many good
lawyers that before any state may avail
itself Of the permissive power thereby
granted, it must pass restrictive laws
or prohibition laws for the regulation
Of such commerce, anew. CIR, to put
it in another form, that the existing
state constitutional provisions and state
laws enacted in pursuance thereof can
not acquire vitality or be made enforc-
able by the passage of the Wilson Lill.
If this be the law, and be so held by
the highest court, it will be necessary
to resubmit the constitutional amend
ment and re-enact our prohlbitory stat
ute before we can claim the power to
regulate as authorized by the Wilson
bill.
There is, however, in any aspect of
this problem, but one way out of the
dilemma Of which you speak, and that
by appropriate legislation to devolve
the power of regulation upon the sew
eral states in respect to the traffic in
Intoxicating liquors. One thing is GER
tain. that it would be highly unbecom-
ing to the friends of prohibition and
injurious to the cause of temperance
to seek any relief from tbs present sit.
uatlon except in the form of and in
the due course of law. The right to
prohibit at all rests upon provision of
the state constitution and law passed
in pursuance thereof which has been
adopted and enacted at the instan ce
and earnest procurement of those be-
lieviug in the principle Of prohibition.
Having based their claim to regulate
upon the law, they are estopped from
to lawless spirit of mere
force for the vindication Of this prin-
ciplc. The unlawful arrest of men en-
gagged in this business, or the holding |
Of me etings to compel men engaged in
it by force to desist from carrying it |
On is in the highest sense unbecoming |
10 those who have always pointed to the |
and the laws in appealing |
for the support Of all good men in en-
forcing the principle Of prohibition.
WM. II. ROssINGTON.
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