The times. [volume] (Richmond, Va.) 1890-1903, 1890-05-10
SATURDAY, MAY 10, 1890.
FUTURE OF PRoHIBITION.

There is no clause in the Constitution Of
the United states which seems capable OF
more liberal Interpretation than that which
confcrs upon Congress the right 10 regulate
commerce between the STATES. This Is a
right which should properly belong 20 Con
,yress. but al the same time, II Is right
which can De employed 90 diminish the I'M
portance ofihe individual states. and, there
fore. ought 10 De- exercised with great cir
CumspcctiOn.
This fact j. illustrated in the recent dccis-
ion Of the supreme Court Of the ntcd
States declaring unconstitutional that part
Of the prohibition law in Iowa which tends
in effect to restrict commerce between the
states bv interfering with the impoiiations
of liquors This decision is very properly
considered TO be Of the very highest impor-
tance. especially on il, constitutional bear
ings. While it can be justly regarded AZ
trenching TO a dangerous extent upon The
powers Of the different states, yet this might
be overlooked if the article which the court
now declares can Doc introduced into Iowa
in spite OF it, laws 20 the contrary, did not
fan distinctly within the list ofthOse articles
which have been condemned on the ground
that they were opposed % the well being 81
society. The prohibition of the sale of i'm
toNicatng liquors has hitherto been con-id-
cred rs "a mere matter Of police regulation.
and for that reason il has not been ecner-
ally supposed that the state laws with rc-
L.. .I.a.. q rlftl
more nucatory than if the sale Of tainted
meat or adulteraied lard or any other arii-
Gle Of dcleterious nature had been express
IL prohibited. and an effort were made un-
der the Interstate commerce clause Of the
constitution 10 introduce them into any one
Of the states contrary 20 its laws.
The recent decision Of the supreme
Court removes intoxicating liquors from
this class Of articles. and place, them upon
the footing Of articles which have no rela-
ton whatever 10 public health or public
morals. The effect Of the decision as it
now stands. and before any Law has been
passed 10y Congress in coniraSention of it.
is undoubtedly not only TO overthrow all
prohibition laws, but even indirectly TO i'll
validate license laws also. The const-
quence has been that it has created pro
found excitement among all who have been
active supporters Of prohibition. either iu
the form Of local option or as operating
throughout a whole State. IN the views of
these persons. there are now but two alter
natives; either the Republican party will
have 10 take advanced ground in their ma
tional platform on the question of prohibi-
tion, or a law will have 10 be passed by
Congress expressly prohibiting the importa-
ton Of intoxicating liquors into prohibition
territory. Will the Republican party take
the position i'm connection with this matter
which is so anxiously desired by those who
favor general prohibition law: IL may be
confidently predicted that the Republican
party will not. Hitherto iis whole course
with reference 10 the question has been in
consistent and iluctuating according to the
supposed interests Of the party AT the time.
1t is not AT all probable that the national on
& IMITATION will commit itself 10 any de-
cisivc step when the issue would be as un-'
certain as in this special instance.
The passage Of a law by Congress grant
Ing the right 10 the states t. enact prohibit
tion legislation j. entirely within the RANGE
of practicabiity Already several bills al
this general character have been introduced
both in the House and the Senate. In the
latter body. senator Wilson has placed a
bill on the calendar which he will press 10
vote before the close Of the present session.
Representative Kerr has introduced a SINH
lar bill in the House. Hitherto the Judi
ciary Committees Of both the House and
the Senate have reported unta,orably on all
such measures a. have been brought to
their consideration, under the impression
that there was no practical demand for such
lcgislation but Tins impression is now re-
moved by the decision of the supreme Court
IN the Iowa case, TO which reference has
been made. II is highly probable that the
effect Of this decision will be DESTROYED by
the passage at an early day Of law in di-
rect contraycntion Of it.