The Red Cloud chief., 1890-05-09
IMPORTANT DECISION.
The oeisuro Of Liquors In origins,
Packages Demonstrations.
me UnsesA States Supreme Csuvt Decldes
test Coso Feo0 10ws-rhe PalIes
RoWoss - . State lDsaasa-
Dasesasiag Op,aios.

WAsnlNeroS, April 9o.-The United
states Supreme Court, through Chief
Justice Fuller, has rendered an opinion
adverse 70 the constitutiOnslity Of state
lava providing for the seisur0 Of LIQUOR
brought into tho state In original
packages. Such laws, the court holds,
ere On interference with Interstate
commerce. Aitcr tho liquor becomes
tho property Of thc importer tho State
may. under its police powers, requisite
or prohibit the transportation ~ the
article from another State and It's de-
livery - the importer.
Tho case In which tho decision wa
made was that OF Gus Ieidy & Co.,
plsintifRs In error, w. A. j. Hardin. II
was brought hess on appeal from tho
supreme Court 81 Iowa and this court
rcvcrsos the decision Of the State court
Justices Gray, Harlan md Brewer dis
scnted. The caso II one Of great impor.
lance to Prohibitionists and liquor
dealers.
leidy, y becr manufacturer Of Peoria,
ILL.,, shipped beer 10 Kcokuk. Iowa,
which was seized In the original pack.
agcs by Hardin, a State Official, ns hav.
Ing been ont there In violation of tho
Iowa law. Tho Supreme Court Of Town
held that tho law under which this
0flcial acted was valid.
Tho Chief Justice In delivering tho
opinion Of the court cited u number Of
cascs bearing upon Interstate COM.
merce, among others tho license
cascs," whore laws passed by MRssachu.
Nctts, New Hampshire and Rhode Island
In reference 70 the salc Of Spirituous
liquors came under review In tho court
and were sustained, although tho mem.
hcis " tho court who participated
In tho decisions did not concur
IN any common ground upon which
to rest them, In which Chief Jus.
t'os fancy In quoted IN holding that
spirttuous distilled liquors are univers.
ally admitted 70 be subjects Of owner
ship and property and thcrcfore sub.
jects Of exchange, barter and traffic. like
any other commodity In which y right of
property exists; that Congress-. under
its general power 70 regulate commerce
with foreign nations, may prescribe
what merchandise shall bc admitted and
what excluded; but inasmuch IN tho
laws OF Congress- authorized tho importa.
ton OF ardent spirits, no State has .
right to prohibit their introduction.
After referring ~ thcsc and other do.
cisi0us bearing on license laws, tho court,
In IL opinion, says:
The dsclaiOns rest upon the undOubtcd
eight Ut the states Of Tho Union to control |
ih~ir purely Internal Affairs. In doing which
they exercise powers not surrendered 10 ths
National 0ovrrnmsnt.
The power vested In Congress, 10 rcuulnte
amons the several stntc, IL M
1ower - prescribe the r,ls BY which that
commerce 10 10 he governed and 10 = power
comrlcte 10 itself, act u~OwlcdgIus mo ij,njtn.
tiOno oeher than those prescribed IN thc
Consultation, Il II On. cxtensivc Win shc
subject ON which Il acts and car NAT ms
stopped a che external boundary ce ths
state. but must enter ~ interior ana n,ust
those articles which II Introduces. that thcv
may become mingled with the common mass
Of property within tho territory cntcr"d.
That ardent splr lts arc subircts Of Intcr.
state commerce can not no denied. when.
c,er Y Law Of q State amount, csseutI s,iy "a
inhibits directly tho receipt Of an Importcd
commodity or i,s disposition before N ms
ceased 60 become an uttlcle az trad" hc'
tween one statc ana another Il comcs i'm
conflict With y power which IN this pnr,icm. |
lar has been exclusively In the Genc.
doubecdiy Il 10 for IN" ,cr,sIativ. h,.rch
~ che etstc Government 20 deter.
mine whether tho manufactured ~ mar.
ticuisr articles 1T traf,c viii Injuriousiv
affect tho publjc ana N n. mn. a.,
Consrcss "a ictrrm,nc what mc:."r.s
stat. NAV %rroncsiv Sa"n, ~. S.=u"""s,s," ~
nredful for tho prOte elton ~ m" ruhiIc
morals. Nfr ar sMs,tv. hut mn, ~ m, ~ srwr,r.,