The Magnolia gazette. [volume] (Magnolia, Miss.) 1872-current, 1890-11-08
rHE Aor coNsTITurlaMAL.
Judge Caldwell SO Decides IN Favor of
the Wilson Bill.

hNN AtA~~'f NFAHs
To-day United States Citcun !
Judge Caldwell rendered an
opinion last week, at Little Rock, !
Ark. sustalnining the constitution
allty of the "Wilson bill" or
'orlginal package act as passed |
BY the Fifty-frst Congress, ID
substantially the following Lam
guage:
rhe Excelsior Brewing Com
pany of St Louis shipped beer 10
an "original package" to Van
Vleet Of Pellatown, which he sold
TO other parties in its "orlglnal
package state and for this sale
he was convicted and imprisoned.
and on these facts he claims his
Imprisonment was in violation of
the Constitution Of the United
States. This claim Is rested on
two propositions.
That the act Of Congress, ap
proved August 5, 1890, commonly
known as the Wilson bill, il un
constitutional and void, and that
the laws of Iowa, under which he
was convicted, are void. Before
ohe passa ge OF the act of Congress
The right to transport liquor from
one State to another included by
implication the right of the inn
importer to sell II IN an original
package in the State in which the
transit ended.
BY the act of Congress the right
which the importers previously
enjoyed of selling the liquor in the
"ougInal package" in the State
where the transit ended, regard.
less of the laws of such States, Is
taken way, the law declaring that
the liquor shall, upon arrival IN
such State, be subject to the laws
thereof.
: The constitutlonality of the act
in this form can scarcely be .reat-
: ed as an open question. 1t was
e easily decided that commerce be-
! tween the States was subject only
o to regulations imposed by Con-
: greSs; that the State could not in
$ terfere with or regulate such com
g merce, and that until Congress
p enacted regulations on the subject
i it was free and unrestricted.
o Repeated utterdnces of The
e Supreme Court establish tho
y propositions, but it 10 competent
for Congress, under the grant o.
J. power, to regulate commerc,
d among the States. to determin,
when subjeet of that commerce
shall become amena5le to the Law
of the State in which the transit
ends.
T. Congress has exercised its pow
= er under the Constitution, and ha
: declared that liquor transported
- from one State to another "shall
q upon arrival IN such State, b
~ subject 20 the laws of such Stat
~ enacted in the exercis of the polio
l, powers, to the same extent and il
ro the same manner as though sucI
y liquids liquors had been produces
) IN such State, and shall not be ex
l. empt therefrom by reason o
"a reing introduced there in origina
= package, or otherwise.
NJ The original package, when !
a arrives within the State where it
i trans'. terminates, Is at once re
N duced TO the rank Of domest:
Ii liquor, aud enjoys no privilege
40 not enjoyed by domestic liquor
~ and is subject to the operatlo
81 and effect of such State laws Ell
: acted IN the exercise Of its polio
re powers, to the same extent and j
i the same manner us domesti
of liquor.
's There never was any questio
but what the laws of Iowa pre-
hlblted the sale of liquor "prC
luced'' IN the State, and tina
On the laws i0I this purpose wer
ng constitutional. The act of Cor
be gross abolished original package
n on their arrival within the STAT
ng by placing them on the same foo
30 ing with liquor "produced' will
= in the State. They are as muc
/; ameuable to State law as if the
l. had never existed in original pacl
- ages.
" Congress has abolished Il
rs, claim of'orIeiual pa, .kages' fro
n, exemption OF State law. The a
an does not deal with lqnor after
md arrival in the State.
an, Congress may regulate cor
!. neice among the States, but n
4; commerce ~ ii State. An net
Ter. the Legislature, in1peralye +
ge, want Of Congress- nal license,
lnd rendered operative and cifeeta
an by a subsequent act # Cog g
/: The obtiaus !c-lau oi Cangr
) o. Was to withdraw II once the pi