Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-05-15
ORIGINAL PACKAGES.
Chief Justice Fuiler's Ruling Similar 60
That Laid Down by Chief Justice Taney
Over Forty Years Ago-EditoriaI Com
u1eue From Vn rious pon.r.

Chief Justice Fuiler's Ruling Similar q
That Laid Down By Chief Justice Taney
Over Forty Years Ago-EditoriaI Com
menr From Various Papers.
TIE conflicting interpretations put on the
original package" decision even by good
LAWYERS can be explained only by failure to
Isread the full text of the decision and consider
what the court clearly and explicitly said.
Speaking for the court Chief Justice Fuller
quotes approvingly the following doctrine as
iaid down in the original license cases by Chief
justice Taney over 40 years ago.
But although a State is bound to receive
and to permit the sale by the importer of any
article OF merchandise which Congress author
ICES to be imported, It Is not bound to furnish q
market for IL, nor to abstain from the passage
OF any law which II may deem necessary or ad.
visable to guard the health or morals OF its cit
liens, although such law may discourage i'm
portation, or diminish the profits Of the i'm
porter. or lessen the revenue Of the General
Government. And II any State deems the re-
tall and internal traffic IN ardent spirits inju-
rious TO Its citizens and calculated TO produce
idleness, vice, or debauchery. see nothing In
the Constitution Of the United States TO pre-
vent 1t from regulating and restraining the
trafic or from prohibiting II altogether II it
thinks proper"
Not content with quoting tho former deciara-
ton TO the effect that while the commerce
clause OF the Constitution requires State to
receive imported articles II may nevertheless
regulate and restrict the use or sale OF the
same, the Court now adds;
These decisions rest upon tho undoubted
right OF the States Of tho Union 10 control
their purely internal Affairs, In doing which
they exercise powers not surrendered to tho
National Government; but whenever the law
OF the state amounts essentially TO rogula-
ton OF commerce with foreign nations or
among the States, as 10 does whom 10 inhibits
directly or Indirectly the receipt OF an imported
commodity. or Its disposition before 1t has
ceased TO become an article Of trade between
one State and another or another country than
this, II comes In conflict with power which In
this particular has been exclusively vested In
the General Government, and Is therefore
void"
This ought to bo explicit enough, especially
when taken In connection with the declaration
which secures the privilege Of sale only to tho
foreign or non-resident importer" Persons 30
described are guaranteed the right TO send law
ful articles OF commerce into any State and the
State cannot prevent the receipt thereof, but IL
may control the sale or any disposition after
the original package 10 broken. IL cannot pre-
vent Its citizens from receiving liquor from
other States. but may prohibit any sale Of the
same ut retail or TO be drank on the premises.
Anything done with the liquor after tho break.
Ing Of tho original package comes under local
law e1oluSivsly.-Chfcago Tribune
The Temperance Question In No Danger.
THE "originai PACKAGE decision, ~ IL IL
called, OF tho supreme Court will not hin.
der the progress Of tho temperance reform ationi
1t will rather help II. The difiiouty growing ous
OF 10, which 10 tho present looks formidable,
will be overcome, and new care will bs given TO
the legislation Of the future. II tho decision be
right one, 10 ought TO have been made, and
now Il becomes all those interested 10 meet In.
diligently and earnestly. the emergency that
grows out Of IL. This can be done, and will be.
-PhtsburG United Presbytsrtan.
tttt
All Quiet In Maine.
RY THE way, We do not hear that any OF those
paiAtiai bar rooms, TO peddle drinks In the
"original package" have been opensa in
haine. Evidently the trade does not consider
the Federal Courts decision 80 much of an
Ggis as certain Of the newspapers have repre-.
sented it-Lewiston (As.) Journal
Congress Should Take n Hand.
THE National Governments cannot afford to
become party to violations of wholesome
State laws. Therefore the Interstate COM
merce regulations should be 80 amended by
Congress at its present session as TO prevent the
carrying of liquor into prohibition States.
Failure to do this would be very disgraceful
of duty, and would also add greatly to
the strength of the national Prohibition party.
Chicago Daily Ne,os.
The Government the Real Saloon Keeper.
THE decision Is only another proof that the
prohibition movement. instead of being out
of place in national politics. can never be ef-
fectve without Federal cooperation. Ever
since the war the general Government has been
the real saloon keeper. 1t has been. the great
dispenser OF liquor licenses. and has continued
to issue them even in States that have enacted
prohibition aws.-Chfca0o Herald.