Crawford avalanche. (Grayling, Mich.) 1879-19??, 1890-10-23
DECIsIoN IN AN IOWA CASE.
Tho ProhIbItory statute Declared TO 30
Unco s.itutionaL

Unco 's;itutionaL
Cedar Rapids Uowa) dispatch.
Judge John L. Stoncman, of the SUI
perior Court of this city, has rendered a
decision in three liquor cases brought
under the Iowa prohioitory statute. The
decision amounts to declaring the Iowa
During the month CT June, 1890, the
st. Louis brewing firm OF Anheuser,
Bus h IL Co. opened an agency in the
town of Marion, Linn County, and ap-
pointed as their agent at that place JOS
eph Coehen. Quantities OF beer were
shipped and Transported in quart
bottles, securely c0rxcd, sealed, and
separately labeled, by railroad to
plaintiffs general agent, Williams.
at Cedar Rapids, packed in boxes and
barrels, which boxes and barrels wero
opened, and portion of the bottles for
warded to Agent Coencn at Marion i'm
the same condition as when shipped from
st. Louis. CCcncn sold the same with
out uncOrl1ing or unsealing to customers
who desired to purchase the same, either
by single bottles or in other quantities.
About this time II. III. Abrams, pastor
OF the Christian Church at Marion, be-
gan proceedings against Coenan for vio-
latihg the prohibit0ry law. claiming that
the opening Of the boxes or barrels at
Cedar Rapids, In which the corked and
sealed bottles were shipped, DESTROYED
Judge Stoneman i'm his opinion de-
clares the act OF Congress known as the
Wilson bill is not intended to be retro
active I'm its effect and does not rehabili-
tate any statute that had been previously
declared constitutional and void by
the United States Supreme Court. 1t Is
simply permission to the several States
in the future to leglslate in the exercise
Ct State police powers on a subject mat
ter which, prior to the act OF Congress,
tho S.atos hal besn dobarred by the
Constitution of tho United States from
dealing with. The supposed authority
of Congress in the foregoing legislation
is claimed to be derived fIon this clause
of the Constitution of the United Ltates:
"AIt 1, Sec. g. The Congress shall
have power, among other things, to reg
ulate commerce with foreign nations,
and among the several States and with
the Indian tribes"
1t is suggested that Congress cannot
assume any power not granted by the
Constitution, nor can ii abdicate TO the
several States any power OF legislation
exclusively logged In Congress by the
Constitution, and it is insisted that un-
der the clause of the Constitution above
cited the authority to regulate COM
merce with foreign nations, and among
the several States and with the In
dian tribes is exclusively vested in Con-
gress. II Congress has authority to
delegate its powers to the State, then
IL may define the police power of the
State so as to include control over any
and all other subjects Of foreign or do
mestic commerce, and thus enable the sew
eral States to surround their respective
territories with a Gordon of impossible
commercial walls. 1t was this very evil
present under the confederation which
was sought to he obviated by the adop-
tion of the Constitution, and the doctrine
does not seem consOnant with reason
that Congress now has power by permis-
sivo legislation to enable the several
States to defeat the very purpose OF the
Constitution.
lie therefore granted perpetual In
junction to restrain Abrams from instl-
tutIng proceedings or interfering with
the business of the plaintiff selling liquors
in original packages. The case was sub
mltted to Judge Stoncman Sept. 20, and
has been in consideration since that time.