The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-06-24
A VAIN EFFORT,

1t is said that the House committee on
judiciary is scrutinizing with extraordinary
caution and care the bill TO overcome the
supreme courts original packing decision.
The gentlemen do not want to get into
trouble over states rights questions and
are not eager TO frame a law which will be
set aside by the supreme court when the
measure shall come before that tribunal.
The committee would like to leave with the
states the right TO control and regulate the
traffic In intoxicating liquors, but in the
light of the recent decision cannot clearly
see it's way to the desired end.
1t is this trimming kind of legislation
which causes so many of our laws to be
provocative of evil rather than tending to
good. Congresses are too much given to
the achievement of ends without
considering the methods employed:
too much disposed to do what the
majority desires without ascertaining that
it has the right to do it. There is a doubt
cast upon the validity of the laws, and ex-
pensive, troublesome litigation follows,
whereas, If Congress knew that it was
right its laws would rarely be called in
question.
The original packages decision was based
on an Interpretation of the federal eonsti-
tuition by the tribunal whose interpreta-
ton is final. There can be no appeal to any
other court, and even Congress must bow
10 the decision. Any of US may say, in our
hearts, that the ruling is wrong, and we
may all wish it was otherwise; but what
the court says must stand as law in spite
of everything except a revolution of force
The court reads the constitution so as t1
make it say that the United States have
supreme control of inter state commerce
that no state has right to interfere
with that traffic, and that state law which
assumes to so interfere is invalid and Of NJ
force. The supreme court then goes on Il
say that the transportation of liquor from
one state TO another is inter state traffic as
contemplated in the constitution, and il
further says that the sale of liquor manu-
featured in one state to citizen of another
state in the original packages of the seller
is legitimate traffic which state canno
prevent, the constitution forbidding it. By
implication the decision holds that thu
breaking of the package gives the STATE
control of the further traffic in the goods
the United States having no authority ovel
the internal commerce of the minor politica
division Ii makes no difference that indi
viduals and states disagree with thii
opinion, the Interpretation is final, and il
binding on the United States, Congress
and on all the states.
This being true, we would like TO know
how Congress can enact a law that vii
change the status. 1t occurs TO us tina
Congress has no more power or authorit,
in the premises than state legislature O.
8 municipal council, and law by Congress
multiplying in any particular the suprem
court decision would be no more valid thai
a city ordinance. There are two ways 70
overcoming the effect Of the courts opln
ION, and these lie through amendments t
the federal constitution. An amendmen
providing national prohibition would &C
complish the purpose, and so would al
amendment recalling from the federal gov
eminent The power "surrendered'' by tn
states to regulate interstate commerce
Legislation, no matter by what body en-
acted, can do anything unless it is backe,
By sufficient physical force to override tn
constitution and set at defiance the su
preme court