Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1890-05-01
IOWAS BACK IS BROKEN
The Pr0hihitory Law is Pronounced
unconstitutional
The United States supreme Court De-
cideS the Case.
Three of the Justices Descent From
the Majority'S Ruling.

q
decision n the ease of Leisy, beer manu-
! facurer of Peoria, lll, against Marshal
/ Hardin of keokuk, a. who had seized
/ beer imported from Illinois to Keoiluk.
4 The question involved in the ease was the
validity of the state law Of Iowa, which
prohibits the sale of malt liquors in the
state. The supreme court Of the state
/ decided that the law was valid, bat the
/ supreme court today reversed the decision
and decides that the Iowa state law is un-
constitunal Chief Justice Fuller delivered
/ the opinion of the court.
The chief justice in delivering the opin-
\ Ion of the court says. The power vested
| IN congress TO regulate the commerce
among several states. is power 10 prescribe
a rule by which that commerce is to be
governed and Is power complete in itself.
| acknowledging no limitations other than
| those prescribed in the constitution Il is
co-extensiye with the subject upon which
| it acts and cannot be stopped at the exter-
nal boundary Of tn, etate, but must eater
Its interior and be capaDle e authorizing
the disposition Of those articles which it
introduces so thatt hey may become mingled
with the common lnass of property within
the territory entered. That ardent spirits
!
not be denied Whenever the law of
state amounts essentially to the regula-
ton OF commerce, as it does, when it in
hlbIts directly or indirectly the receipt of
an imported commodity, or its disposition
before IT has ceased to become an article Of
trade between one state and another.
1t comes in conflict with the power which in
this particular has been vested exclusively
I ~ l.s,.i ] Al 4
void. Undoubtedly it is for the egisla-
tive branch of the state government to de-
| termlne whether the manufacture of partic-
ular articles of traffic will inuriousy effect
the public, and it Is for congress to de-
termine what measures the state may
properly adopt as appropriate or needful
for the protection of public morals, life
or s5fety, but notwithstanding it is not
vested with supervisory power over mat
ters Of local administration, the response
bllity is upon congress SO far as the reg
ulatlon of Interstate commerce is con-
cerned, 10 remove the restriction upon the
state in dealing with imported articles
which had not been mingled with the
common mass Of property therein.
Toconcede to the state power to exclude
directly or indirectly articles so situated
without congressional permission is to
concede to the majority of the state, rep
resented in the legislature power to regu-
late the commercial intercourse between
the state by determining what shall be
Its subjects, when that power was dis
tinctly granted to be exercised by the
United States represented in
congress. and Its possession
by the latter was considered essential to
that more perfect union which the consti-
tuition was adopted to create Undoubted-
" there is difficulty in drawing the line
between the municipal powers of one
and the governing and commercial power
of the other But when that line is de-
termined, accommodation to 1t without
serious inconvenience, may readily be
found in the frank and candid cooperation
for the general good The decision Of the
supreme court OF Iowa is reversed.
Justice Gray delivered dissenting
opinion in behalf of himself and Justices
Harlan and Brewer. 1t says, in part Com
mon experience has shown that the gen
eral and unrestricted use of intoxicating
liquors tends to produce idleness, dis
order, disease, pauperism and crime
The power regulating or prohibiting the
manufacture and sale of intoxicating
liquors appropriately belongs az a branch !
Of police power to the legislatures Of sew
eral states and can be ludic jusy and |
effectively exercised 10y them alone
according to their views of pub |
lie policy and local needs |
and cannot practically, if it can coushtu- f.
tionaIy, be welded by congress as part /
of the national and uniform system.
The statutes IN question were enacted by |
the state Of Iowa in the exercise Of it's un- !
doubted power to protect its inhabitants
against the evils. phyical moral and social (
attending the free use Ct Intoxicating /
liquors They are not aimed at /
interstate commerce; they have no |
relation to the movement Of goods /
from one state to another but 10 operate |
only ON Intoxicating liquor within the |
territorial limits os the state, they 10 Iu- /
clude all such liquors without diGerimina- /
ton IT the statutes of the state, restrict |
ingor prohibiting the sale Of intoxicating /
liquors within its territory ere to be held T.
imperative and void as applied 20 liquors .
sent or brought from another state and .
sold bv the imuOrter in what are called .
original packages the consequence must ,
be that am inhabtant of any state may,
under the pretext Of interstate commerce !
and without license or supervision Of I
any public authority, carry or send into 1
and sell in any or alb 1T the other 4
states of the union Intoxicating liquor /
ri whatever description, despite any legis- /
lation Of these states on the subject and I
although his own state should be the only /
one which bad not enacted similar laws 1
We should require affirmative and explicit /
Legislation on the par, of congress 90 con- /
vince us that it contemplated or intended |
such a result
The court by the same vote reversed the 1
decisiono Of the supreme court OF Michigan |
In the ease Of Henry Ling, an agent for a ]
Wisconsin brewery, who was fined for SELF (
ing liquor without license Ling at |
tackled the constitutionallty Of the law on
the ground that it would compel the agents Z
of an outside brewery 30 pay 500 a year
license. while the brewers within the
state could. under a manufacturer license
sell at wholesale after paying only s65 an
nual license
BOsTON'S NEW METHOD