The Kinsley graphic. [volume] (Kinsley, Kan.) 1890-1940, 1890-05-23
SUPREME oouRr DECISIONS.

SOPHEME COURT DECISIONS.
The United States Supreme Court Declares
the Minnesota Meat Inspection Law I'M
constitutionAl-The Mormon Church De-
feated.
WASHINGTON, May 20.-The Supreme
Court of the United States has rendered
an opinion holding unconstitutional the
law of Minnesota requiring all fresh
meats sold in the State to be cut from
animals slaughtered within the State
| and inspected twenty-four hours before
slaughter. The case is entitled State
OF Minnesota against Henry D. Barber"
Barber was convicted of selling fresh
beef slaughtered in Illinois and which
had not been inspected before slaughter
as required by the law of Minnesota.
The court in an opinion by Justice
Harlan says: 1.-The enactment of
| stmilac statute by each one of the States
composing the Union would result in
the destruction of commerce among the
several States, so far as such commerce
is involved in the transportation from
one part of the country to another of
| meat designed for human food and en-
tirely free from disease. This act pro-
vides that all cattle, sheep and swine
| shall be inspected within twenty-four
hours before the animals are slaughtered
and that (if such be the fact the inspect
ors shall certify that the slaughtered
animals were found to be healthy and
fit for human food. The sale of meat not
taken from an inspected and certified
animal is forbidden under penalty of
fine or imprisonment AS the inspection
must take place within the twenty-four
hours Immediately preceding the
slaughtering the act by its necessary
operation, excludes from the Minnesota
market practically all fresh beef, veal,
mutton, lamb or pork-in whatever
form and although entirely sound,
healthy and fit for human food-taken
from animals slaughtered in other
States; and directly tend to restrict the
slaughtering of animals whose meat is
| to be sold in Minnesota for human food,
to those engaged in such business in
| that State.
''When to this is added the fact that
the statute, by its necessary operation,
prohibits the sale in the State of fresh
beef, veal, mutton, lamb or pork from
animals that may have been inspected
carefully and thoroughly in the State
where they were slaughtered, no doubt
can remain as to its effect upon COM
merce among the several States.
st will not do to say-certainly no
judicial tribunal can with propriety as
sume-that the people of Minnesota
may not, with due regard to
their health, rely upon the inspec-
tions in other States of animals
there slaughtered for purposes of human
food. If the object of the statute
had been to deny altogether to the citi-
zens of other States the privilege of
selling within the limits of Minnesota
for human food, fresh beef, veal, NUT
ton, lamb or pork, from animals slaught-
cred outside of that State, even those
who are free from disease when slaugh-
tered, and to compel the people of Min
nesota desiring to buy such meats, Ell
Their to purchase them, when desired for
their own domestic use at points be-
yond the State, that object is attained
by the act in question. Our duty to main
tain the Constitution will not permit us
to shut our eyes to these obvious and
necessary results of the Minnesota
statute. If this legislation does not
make such discrimination against the
products and business of other States in
favor of the products and business of
Minnesota as interfereS with and bur-
dens commerce among the several
States, it would be difficult to enact leg
islation that would have such result.
1.-THE judgment of the lower court is
affirmed"
THE MORMON CASE.
WASHINGTON, May 20.-The Supreme
Court of the United States has rendered
an opinion of vital interest to the Nor
mon Church in the suit of the Church of
Latter Day Saints against the United
States, which came here on appeal from
the decision of the Supreme Court of
Utah in favor of the United States. The
court affirmed that judgment
The case grew out of the passage of
the Edmunds Anti-Polygamy law by the
Forty-ninth Congress. This law among
other things dissolved the Mormon
Church corporation, and killed
it's charter, directed the appoint
ment of receiver to wind
up its affairs and escheated to the United
States all the real estate owned by the
Church in excess of $500 which was
not on the date of the passage of the act
held for purposes of worship or burial.
When the United States, under the
terms of this act, began proceedings to
coniscate about $3.50, 900 worth of prop
erty belong ng to the Church, the Nor
mons entered suit to have the Ed
munds law declared unconstitutional
1t was argued before the Supreme
Court in behalf of the Mormons that
Congress by the dissolution of the
Church corporation had assumed judicial
powers and that the act of the legisla-
tive assembly of Utah incorporating the
Church constituted contract which
could not be impaired by Congress I'M
der its authority to repeal Territorial
enactments. 1t was also held that the
doctrine of escheat was alien to the
spirit of free institutions and that it
had never been applied in this country
to a church or charitable corporation.
On the part of the United States it was
pleaded that Congress had authority to
repeal all Territorial enactmepts; that
the act incorporating the Church was
invalid, as an attempt to establish a re-
ligion contrary to the provisions of the
Constitution; and that moreover, the
charter should be annuled for abuse of
the granted rights When the Church
corporation was dissolved there was no
one to whom to turn over the property,
and it was properly escheated to the
United States.
HeIIograph TeIegraphy.
PRESCOTT, Ariz., May 20.-The great
est achievement yet made in heliograph
iu0 uac accODon1icbad duriuo rrac4ica N