Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-05-09
PRoHIB1TIO CANNOT PROHIBIT.

The decision of the United States su-
preme court in tho case of Gus Leidy &
Co., plaintiffs in error, vs.. A. j. Hardin,
being brought Oh appeal from the su-
= preme court Of the state of Iowa, and in
volving the coustitutionality Of state
laws providing for the seizure of liquors
brought into the state in original pack
ages, is one that particularly interests
North Dakota at the present time. The
opinion delivered through Chief Justice
Fuller is very clear and explicit. The
chief justice says:
1.-THE power vested in congress to regu-
late commerce among the several states is
the power to prescribe the rule by which
that commerce is to he governed, and is q
power complete in itself, acknowledging
no limitations other than those prescribed
in the constitution. 1t is co-extensive
with the subject on which it acts and can
not be stopped at the external boundary of
a state, but must enter its interior and must
be capable of authorizing the disposition
of those articles which it introduces so that
they may become mingled with the COM
mon mass of property within the territory
| entered.
AllaG aluouV SplIlto are SuUJeCCS VI inter.
state commerce cannot be denied. When
ever a law of Rstate amounts essentially
to a regulation of commerce, as it does
when it inhibits directly or Indirectly the
receipt Of an imported commodity or it's
disposition before it has ceased to become
an article of trade between one state and
another, it comes in conflict with a power
which in this particular has been exclu-
sively in the general government, and is
therefore void. Undoubtedly it is for the
legislative ranch of the state governments
to determine whether the manufacture of
particular articles of traffic will injuriousIy
affect the public, and it is for congress to
determine what measures a state may
properly adopt as appropriate or needful
for the protection sof the public morals,
life, or safety; but, notwithstanding, it is
not vested with supervisory powers over
matters of local administrations; the re-
sponSibility is upon congress, so far as the
regulation Of interstate commerce is con.
cerned, to remove the restriction upon the
state in dealing with imported articles
which have not been mingled with the
common mass of property therein.
X x X X -
whatever our individual views may be
as to the deleteriOuS qualities of particular
articles, we cannot hold that any article
Which congress recognizes as subjects of
Interstate commerce are such or that they
CdIl NC Collb OllCu ny SLdlc laws dIlOultIHg
to regulations while they retain that char
acter, although at the same time, if direct
ly dangerous to themselves, the states may
take appropriate measures to guard against
injury before 1t obtains complete jurisdic-
ton over them. To concede to a state the
power to exclude, directly Or Indirectly,
articles so situated without congressional
permission is to concede to a majority of
the people of a state, represented in the
state legislature, the power to regulate
commercial intercourse between the states
by determining what shall be its subjects,
when that power was distinctly granted to
be exercised by the people of the United
possession by the latter was considered
essential to that more perfect union which
the constitution was adopted to create.
Undoubtedly there is difficulty in draw
ing the line between the municipal powers
of the one government and the CONNER
cial powers of the other. But when that
line is deter mined accommodation to it
without serious inconvenience may be
readily found in a frank and candid CO.
operation for the general good. The de-
clslon OF the supreme court Of Iowa is re-
versed."
Justice Gray delivered a dissenting opin-
ion in behalf of himself and Justices Har-
Ian and Brewer.
The court by the same vote reversed the
decision Of he's Supreme court of Michigan
in the case OF Lying, an agent for a Wisc0n-
sin brewery, who was fined for selling IL
quor without a liceuse. Lying attacked the
constitutionality of the law on the ground
that it would compel agents for
outside breweries to pay $500 a year
license while breweries within the
state could under their manuiac-
turers' license sell at wholesale after pay
ing only $65 annual license. He commended
that this was practically a regulation OF
interstate commerce, and the court decid-
ed in his favor The opinion rendered by
the chief justice in this case concludes as
follows:
THE same rule that applies to the sugar
OF Louisiana. the cotton OF South Carolina,
the wines OF California, the hops of Wash
ington, the tobacco Of Maryland and Con-
necticut, applies to all commodities in
which a right of traffic exists recognized
by the laws of congress to the commercial
world. 1t devolves on congress to indicate
such exceptions as in its judgment a wise
discretion may, demand under particular
circumstances"