The Kinsley graphic. [volume] (Kinsley, Kan.) 1890-1940, 1890-11-07
ANorhER pEcIsIoM
Judge Caldwell Gives "a Opposite DscIsio
80 that of Judges Philips and Foster
50 Original Packages.

Judge Caldwell Gives an Opposite DecIsion
90 that Of judges Phillips and Foster
80 Original Packages
LITTLE Rock, Ark, Nov The
opinion of Judge Caldwell, of the
United States Circuit Court. in the
original package case OF H NJ Van
Viliet OF Iowa. was filed yesterday. It
discusses the questions raised and ex-
tends over moro than lao large type
written pages The court holds that
the act of Congress and the laws of the
State are valid. The following are
some of the salient points in the opin-
ion.
by the act of Congress the right
which the importer previously enjoyed
of selling liquor in original packages in
the State whsre the transit ended. re-
gardless of the laws of such State, is
taken away, the act declaring that the
liquor shall, upon its arrival in such
State or Territory. be subject to the OPP
I GRAFTON of the laws of such State
After citing the authorities and the
act of Congress, the op n on proceeds:
TT will be observed that by the terms
of the act the original package, upon
arriving in the State, is put on the same
footing with liquors produced in the
| State The original package, when it
/ arrives within the State where the tram
| sit terminates, is at once reduced to the
/ rate OF domestic liquors, enjoys no privi-
| lege not enjoyed by domestic liquors, is
/ subject to the operations and effects of
the laws of such State, enacted in the
| exercise of its police powers, to the
| same extent and in the same manner as
domestic liquor.
| NOW there never was any question
that the laws of Iowa prohibiting the
sale of liquors produced in the State
were constitutional. These laws were
| in full force at the date of the passing
~.
| ing in legal effect abolished orr ginal
packages on their arrival within the
State, by placing them on the same
footing with liquor produced within the
State, as such they are amenable TO the
State laws as if they had never existed
in the form of original packages.
Congress can regulate Interstate
| commerce. but not intrastate commerce.
| 1t may regulate commerce among the
States, but not in the States. The
State may regulate partly internal. but
not Interstate commerce. The act is
drawn in view of those settled prin.
ciples- 1t protects the Interstate trans
portation of liquor until its arrival in
the State where the transit is to end,
and no longer. Upon its arrival in the
State the act of Congress declares that
it shall be subject to the laws of the
the State.
1T is said the Supreme Court decreed
| these laws to be unconstitutional in so far
as they prohibited the sale of liquors by
the importer or his agent in the original
packages, and that Congress could not,
in the language of the learned. validity
4 dead statute There arc two answers
to this contention The first is, the act
of Congress relegates the original pack
age of liquor on its arrival in the State
to the laws of the State, passed in the
exercise of the police powers, and there
is not now, nor ever has been any
doubt of the validity of these
laws. 1t is not the laws of the
State but the original package that
is dead. The obvious designs and
intentions of Congress was to with
draw at once the protecting shield of
Interstate commerce from the original
package of liquor the moment they
entered the State where their transit
was to end by placing them on the foot
ing of liquor produced in the State and
declaring they be subject to the same
laws.
THAT is what tho Supreme Court, as
1 construe their opinion, had said Con
gress might do, and it is what it did dc
in language that admits of no evasion
4 or iScuSSinn