The Red Cloud chief., 1890-11-07

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LsrTl1 Rock. Ark. Nox The
opinioa Of J1dse Caldwell. Of shs
UAitsd States Cireuis Court In ~
oe!ginsl package eass o. IL n vsn
Silist d Iowa. vss Alsd yesterday. 10
discusses the Qoestioas raised and -.
tends owe more than leo large sype-
vrittsa pasea The court holds that
The Get Of Congress and the laws u the
State are valid. The following are
some Of the sa!teas poiats In the opaa-
Ion:
by the Vet Of Ccagrsss the right
which the importer previously esioysd
Of selling liquor IN original packages II
b State where the transit esded. ~
gardless Of the laws Of such Stasa h
taken away. the act declaring that the
liquor shall. upon it, arrival In such
State OF Territory. be subject to tho OPP
sration Of the laws Of such State"
After citing tho authorities and the
oct OF Congress. the op,nson proceeds:
1T will BE- observed that by the terms
OF the act tho original package. upon
arriving in the State, is put on the same
footing With liquors produced In the
STATE. The ori yinal package, ~hcn ~
arrives within the state where the tran
sit terminates. II 1T once reduced TO the
rate OF domestic liquors. enjoys no privi-
lege not enjoyed by domestic liquors, Is
subject TO the operations and effects OF
the laws Of such State. enacted in tho
exercise OF its police powers, : tho
same extent and in the same manner as
domestic liquor.
"Now there never was any question
that the laws OF Iowa prohibiting the
sale OF liquors produced in the State
were constitutional These laws were
in full force 1t tho date OF the passing
OF the act Of Congress and that nc. hav.
ing in legal effect abolished or ginai
packages on their arrival within the
State. by placing them on the same
footing with liquor produced within the
State. Is such they are Amcnablc to tho
State laws a. il they had never existed
in the form Of original packages
Congress can regWa ate Interstate
bait not interstate commerce
1t may regulate commerce. among tho
States. but not in the States The
State nav regulate partly internal. but
not Interstate commerce. The act Is
drawn in view OF those settled prin.
Ii protects the Interstate trans.
portation Of liquor until Its arrival In
tho State where the transit Is 10 end,
and no longer. Upon its arrival In the
State the act Of Congress declares that
IL shall be subject TO tho laws Of the
the State.
1t is said tho Supreme Court decrecd
these laws to be unconstitutional in 50 far
as they prohibited tho sale OF liquors by
tho importer or hH agent in the original
packages. and that Congress could not
in the language OF the learned. validity
. dead statute There arc two answers
to this contention. The FIRST il, the act
Of Congress relegates the original pack
ago Of liquor on its arrival In the state
10 the laws Of the State. passed In the
exercise Of the police powers. and there
Ia not now. nor ever has been any
doubt OF the validity OF these
laws II is not the laws OF the
State but the original package that
dead. The obvious designs and
Of Congress vas to with.
irsw ut once the protecting shield Of
commerce from tho original
Of liquor tho mOmcn they
tho State where their transit
vas to end by placing them on the foot.
ing Of liquor produced In the State and
declaring they DO subject to the same
laws.
THAT is what the Supreme Court. a.
| construe their opinion. had said Con.
yress might do. and II is what IL did dc
IN language that admits OF no evasion
VI discussion"