The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1890-05-22
PLANS OF PROHIBITIONSTS.
A Bill 10 Meet the Supreme Court
Decisions.


Inc decision oil the United states su- |
preme court in the suit known as the
"Original Package" case seems likely to
exert an important influence on the future
Of prohibition. The decision affirms that
an inhabitant Of any state may, under the
operations Of the interstate commerce
laws, and without license or supervision
Of any public authority. carry or send into
and sell in the other states any intoxicat-
ing liquors, in cases or kegs, or even in
single bottles or TASKS, despite any legis-
lation Of those states on the subject, and
although his own state should be the
only one which had not enacted similar
laws. This will have a bearing not only
on states where prohibition prevails, but
throughout the country.
The editor Of BOntorfs Wine and Spirit
Circular, Mr.. Sadler, said: "This decis-
ion is very sweeping one, and will have
the effect Of multiplying prohibition. 1t
will kill all such laws as are in force In
Iowa, Maine, Vermont and Kansas, and
will have the effect Of preventing the
people Of Kansas from voting for prOhibi-
ton. The authorities Of the state will
not attempt to enforce the prohibition
law after this decision. Self preservation
will lead those states to adopt license.
Not necessarily high license, for that is
as bad as prohibition. The people Of the
state will come to the conclusion that
they may as well derive the benefit from
this source Of revenue and by just so
much reduce taxation and increase the
material prosperity Of the community.
The removal Of the restrictions Of the law
will increase the sale Of malt liquors.
Where prohibition is the law the people
are saturated with cheap stufF-illegiti-
mate stuff. Where the chances Of confis-
cation are large, the liquor is poor. There
is no risk under this decision, and good
liquors will accordingly be put on the
Market"
Dr. Isaac X. Funk, publisher Of the
prohibition organ, the Voice, said: 81
am not very much surprised at the decis-
ion. l supposed when the question came
before the supreme court they would de-
eide this way; because. under the inter
state commerce laws, it would really seem
illegal to prohibit the sale in one state Of
what was regarded by the country as a
legitimate article Of commerce.
'The law, however, hits high license,
in fact all license, just as hard as it does
prohibition, because II the manufacturer
has the right to sell his goods in un-
broken packages in the state TO which he
ships them, regardless Of the laws Of that
state, high license law will have to
give way just as much as the prohibitory
law.
This will throw the whole question
back to congress, which will have to de-
eide what shall be the limitations Of inter
state commerce, and that is really where
the prohibitionists Of this country have
desired the question to be placed. We
believe that there will never be salts.
factory prohibition In America except
by national prohibition. Local option
and state prohibition are necessarily i'm
perfect"
At Washington City the prohibitionists
have already taken steps to repair the
gap in their fences made by the supreme
court decisions. They are working quiet
ly, but vigorously. Their plan is to pass
q law which shall give state the author
ity to prevent transportation companies
from bringing liquor into that state from
another state. The select committee Of
the house on the alcoholic liquor traffic
has already reported bill. Mr.. Kerr, of
Iowa, makes the report. At the time the
committee considered the matter It was
inspired by the desire to find something
to offset what is known as the Bowman
decision. The more recent decision Of the
Keokuk case gave the prohibitionists ad-
ditional reason for pressing the bill. In
the report the committee says:
"The bill gives legislative authority Of
the general government to the state to
; regulate the transportation Of intoxicating
liquors by railroad companies and other
common carriers. This action has been
rendered necessary by the decision Of the
United States supreme court in what Is
known as the Bowman case. The court
in that case in rendering the decision
made use Of the following language:
"'For the purpose Of protecting its peo-
pie against the evils Of intemperance, it
has the right to prohibit the manufacture
within its limits Of intoxicating liquors.
1t may also prohibit all domestic COM
merce in them between its own inhabi-
tants, whether the articles are introduced
from other states or from foreign coun-
tries. It may adopt any measures tend
ing even indirectly or remotely to make
the policy effective, until II passes the
line Of power delegated to congress under
the constitution.
"But the court says further: 1t can
: not, without the consent Of congress ex-
pressed or implied, regulate commerce
between its people and those Of other
states Of the union in order to effect lis
end, however desirable such Q regulation
might be- This opinion was dissented
from by q minority Of the court, includ-
ing the late Chief Justice Waite, Justices
Harlan and Gray, who maintained that
the state had full power 10 prohibit or