The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1890-10-23
DECISION IN AN IOWA CASE.
Tho PrOhibitory Statute Declared to Be
UnCO stitutiOnal.
Cedar Rapids Howal dispa tch.


Cedar Rapids IOwa) dispa tch.
Judge John L. Stoneman, of the Su-
perior Court of this city, has rendered a
decision in three liquor cases brought
under the Iowa prohibitory statute. The
decision amounts to declaring the Iowa
statute unconstitutional and imperative.
During the month of June, 1890, the
ST. Louis brewing firm OF Anheuser,
Busch & Co. opened an agency in the
town of Marion, Linn County, and APP
pointed as their agent at that place JOS
eph Coenen. Quantities of beer were
shipped and transported in quart
bottles, securely corked, sealed, and
separately labeled, by railroad to
plaintiffs general agent, Williams,
at Cedar Rapids, packed in boxes and
barrels, which boxes and barrels werc
opened, and portion of the bottles for
warded to Agent COenen at Marion in
the same condition as when shipped from
st. Louis. Coenen sold the same with
out uncOrking or unsealing to customers
who desired to purchase the same, either
by single bottles or in other quantities.
About this time H. III. Abrams, pastor
of the Christian Church at Marion, be-
gan proceedings against COenan for viO-
lating the prohibitory law, claiming that
Cedar Rapids, in which the corked and
scaled bottles were shipped, destroyed
their character as original packages.
Judge Stoneman i'll his opinion de-
clares the act of Congress known as the
Wilson bill is not intended to be retro
active in it's effect and does not rehabili
tate any statute that had been previously
declared unconstitutional and void by
the United States Supreme Court. 1t is
simply permission to the several States
in the future to legiSlate in the exercise
OF State police powers Oh subject mat
ter which, prior to the act Of Congress,
the States had been debarred by the
Constitution of the United States from
dealing with. The supposed authority
of Congress in the foregoing legislation
is claimed to be derived from this clause
of the Constitution of the United Ltates:
cart. l, Sec. 8. 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 it abdicate to the
several States any power OF legislation
exclusively logged in Congress by the
Constitution, and it is insisted that I'M
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. If Congress has authority to
delegate its powers to the State, then
it may define the police power Of the
State so as to include control over any
and all other subjects of foreign or do
nestle commerce, and thus enable the sew
eral States to surround their respective
territories with Gordon of impossible
commercial walls. 1t was this very evil
present under the confederation which
was sought to be obviated by the adOp-
ton of the Constitution, and the doctrine
does not seem cOnsonant with reason
that Congress now has power by permits
sive legislation to enable the several
States to defeat the very purpose of the
Constitution.
He therefore granted a perpetual in
junction to restrain Abrams from insti-
tuting proceedings or interfering with
the business of the plaintiff selling liquors
in original packages. The case was sub
1nitted to Judge Stoneman Sept. 20, and
has been in consideration since that time.
Newsy Paragraphs.
THE hop crop Of Oregon for 1890 is es-
timated at IS, 900 bales
New towns arc springing up in Mary
land and growing like JOnah's gourd.
In st. Louis there are no Easements
used as stores, restaurants, or saloons.
AN orange measuring foot in cir
cumferencc has been found in Starke,
Fla