The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1890-10-25
ORIGINAL PACKAGE DECISIONS.
Kansas and Iowa Courts Decide That
1t Cannot Revive State Laws
Declared UncOnstitu-
tiOnal.

court of Kansas and Judge John
F. Philips of the District court for
the western district of Missouri
filled their decision today, in which
is test of the Wilson original
package bill. The judges did not
enter upon the question of the con-
stitutionality of the new law, but
based their decision entirely upon
the question as to whether the
existing prohibitory law of the state
applies, or whether additional legis-
lation should be had to bring into
action in the state the provisions of
the Wilson bill. They held that
inasmuch as the Supreme court of
the United States had decided the
Kansas prohibltory law null and
void so far as it referred to original
packages, the law was as if it had
never been enacted. A law in con-
fict with the constitution is not
. only illegal and violable, but it is
absolutely void, and "no subse-
quent change of the constitution
removing the restriction could
validate it or breathe into it the
breath of life.
THE DECISION IN BRIEF
The decision in part is as
follows:
"The contention of the of the
state is that the act of congress
enlarged the scope and operation of
the act of the state Legislature,
making that which was a legiti-
mate business one day a crime the
next-not under any law of con-
gress, but against the law of the
state. There is nothing in the
wording of the act implying that
congress assumed such a power or
intended to give such effect to this
enactment. The Wilson bill left it
to the free and untrammeled action
Of the several states to determine
whether they would not include
within their police laws this par
tlcular article of commerce. Every
state in the union probably has
upon its statutes some notice regu-
lations of the traffic in Intoxicating
liquors. These statutes as a rule
exempt from their operation liquors
and their sale in original packages,
thus indicating the general consen-
sus that hitherto it was not recog-
nlzed as among the police powers
OF the state to regulate or interdict
among the states the traffic in
imported liquors. The prohibitory
law of the state of Kansas, where it
touched upon the interstate COM
merce, was no law at all, at time
OF this enactment nor since. Judge
Cooley says: The form 'unconsti-
tutlonal law" as employed in
American jurisprudence, is a mis-
homer and applies a contradiction,
That enactment which is opposed
to the constitution being in fact no
law at all"
Continuing, the opinion says that
tho Wilson law, under every rule of
construction, must be prospective
In the operation. 1t must further
be conceded, says the decision, that
lnasmuoh as the right of the state
IN this new exercise of its police
power comes for the first time and
alone from the enactment of the
Wilson bill, the state cannot enact
such law until it passes new
law forbidding the liquor traffic.
The originalal-package dealers,
upon hearing of the filing of the
decision, at once reopened their
places of business. The state has
filed notice that the case will be
. carried to the United States