Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1890-05-10
CAN STILL COME I'm
Liquor May Be Shipped Into
Iowa in Original
Packages.
That Part Of the Law Provid-
ing for Seizure I'm.
constitutional.
The Opinion Cites That the Law
I~nterferes With Interstate Traffic
justices Gray, Harlan and
Brewer Dissent.

Brewer Dissent.
WASHINGTON, April 2o.-The United
States supreme court, through Chief
Justice Fuller, yesterday rendered a
decision adverse to the constitutional
ity of the state law providing for the
seizure Of liquor brought into the state
in original packages. Such laws, the
court holds, are an interference with
interstate traffic. After the liquor be-
comes the property Of the importer the
state may, under its police powers,
regulate or prohibit the sale, but it has
no powers in tho absence OF express
congressional authority TO prohibit the
transportation of an article from an
other state and It's delivery to the i'm
porter. The case in which the de-
cision is made was that of Geo. Leidly
g. Co., plaintiffs in error, VS.. j.. A,
Harding. 1t was brought here on an
appeal from The supreme court OF Iowa,
and this court reverses the decision OF
the state court.
The chief justice, in delivering the
opinion Of the court, says: THE power
vested in congress TO regulate commerce
among the several states Is the powerto
prescribe the rule by which that COM
merce is to be governed, and is a power
complete in itself, acknowledging no
limitations other than those prescribed
in the constitution. 1t is co-extensive
with the subject on which it acts and
cannot be stopped at the external
boundary of a state, but must enter its
interior and be capable of authorizing
the disposition of those articles which
1t intoduces SO that they may become
mingled with the common mass Of prop
erty within the territory entered. That
ardent spirits are subjects Of interstate
cannot be denied. Whenever
the law of a state amounts essentially
to the regulation of commerce, as itdoes
when it inhibits directly or indi-
rectly the receipt Of an imported COM
modify, OF it's disposition before it has
ceased to become an article OF trade be-
tween one state and another, IL becomes
conflicting with the power which in this
particular has been vested exclusively
In the general government, and 1t is
therefore void. Undoubtedly it is for
the legislative branch Of the state gov
eminent TO determine whether the man.
ufacturer Of particular articles OF traffic
will injuriously affect the public, and it
Is for congress to determine what meas
ures the state may properly adopt as
appropriate or needful for the protec-
tion of public morals, life or safety,
but, Notwithstanding, 1t is not vested
with supervisory power over matters of
local administration. The responsible
ity is upon congress, so far as the regu-
lation of the interstate commerce is
concerned, to remove the restrictions
upon the state in dealing with imported
articles which have not been mingled
with the common mass of property
therein. To concede TO the state the
power to exclude, directly or indirectly,
articles SO situate with congressional
permission is to concede 10 the majority
of the state represented in it's legisla-
ture the power to regulate commercial
intercourse between the states deter
mining what shall be its subject, when
that power was distinctly granted to be
exercised by the people of the United
States represented in congress, and it's
possession of the latter was considered
essential to that more perfect union
nhlNi lhS NOAAob WIS opN w
create. Undoubtedly there is difficulty
In drawing the line between the munic-
ipal powers of the government and the
commercial powers of the state. But
when that line is determined the ac-
commodation OF ii without serious in
convenience may readily be found in
frank and candid cooperation for the
general good. The decision OF the SUI
preme court Of Iowa is reversed"
Justice Gray delivered a dissenting
opinion in behalf of himself and JUS
tees Harlan and Brewer. 1t says, in
part: Common experience has shown
that the general and Unrestricted use
of intoxicating liquors tends to produce
idleness. disorder, disease, %pauperism
and crime. The power regulating or
prohibiting the manufacture and sale Of
intoxicating liquors appropriately be-
longs as a branch OF police power to the
legislature of the various states, and
can be judiciously and effectively ex-
ercised by them alone, according to
their views Of public policy and local
needs; and cannot practically, If 1T can
constitutionally, be welded by
congress as a part Of the national and
uniform system. The statutes in ques-
tion were enacted by the state Of Iowa,
in exercise Of its indutiable power to
protect it's inhabitants against the
evils-physical, moral and mental-at-
tending the free use of intoxicating Ii
quors. They are not aimed at inter-
state commerce; they have no relation
to the movement of goods from one
state to another, but operate only on
intoxicating liquors within the terri
torial limits of the state; they include
all such liquors without discrimination.
II the statues of the state, restricting
or prohibiting the sale Of intoxicating
liquors within its territory, are to be
held imperative and void as applied to
liquors sent or brought from another
state and sold by the importers in what
are called official packages, the conse-
uuence must be that the inhabitants of
any state may, under the pretext OF in
terstate commerce., and without license
or supervision of any public authority,
carry or send into, and sell in,
any or all of the other states of the
union, intoxicating liquors, of whatever
description, despite any legislation of
those states on the subject and although
his own state should be the only one
which had not enacted similar laws.
We would require affirmative and ex-
plicit legislation on the part Of congress
TO convince us that 1t contemplated or
intended such a result"
The court, by the same vote, reversed
the decision OF the supreme court Of
Michigan in the case OF Henry Lying,
agent for . Wisconsin brewery, who
was fined for selling liquor without q
license. Lying attacked the constitu-
tionality Of the law on the ground that
Il would compel the agents Of outside
brewers to pay $500 q year license,
while the brewers within the state could,
under q manufacturers license, sell at
Wholesale after paying only the SOS
annual license.
Late News From Japan.
SAN Francisco. April 29.-Japanese
.Ivs~as ,.,btch arriyaH hara fbia ,onru-