The Ketchum keystone. [volume] (Ketchum, Idaho) 1885-1899, 1890-06-21
A Curious Question.

one branch Of Congress this week
for the restoration of state rights
so effectually destroyed recently by
the supreme court, in the original
package case, should fail to become
law, it is likely to give rise to
some interesting questions affecting
the finances of all the states and
territorial governments, and OF the
counties. By the way, it is remark
able that the worst blow against the
rights Of the respective states to
legislate on matters of purely local
concern should have come from a
republican court. That court held
that no state could constitntionally
prohibit the sale ofliquors imported
from abroad or from another state,
while such liquors were sold in the
original packages. This sweeps
the foundations from beneath the
feet of the Prohibition party. Even
in Maine the state supreme court
announced that the Maine liquor
law must abide by that supreme de-
cision; and through the dispatches
it appears that few days ago a
Pennsylvania Judge charged jury
to the same effect in a case arising
near Pittsburg. He refused to con-
slider the evidence in violation Of
local prohibition, holding that the
question for the jury to decide was,
whether the packages were the iden-
teal, unbroken packages shipped
from Ohio, and if so, that the de-
PENDANT had right to make the
sale, according to the decision of
the supreme court; that the state
could not prohibit the sale of
liquors in the original packages.
The jury acquitted the defendant of
selling without a license. A dis
patch Of the 10Th says, "the liquor
people are jubilant and say that
original packages can now flood
that state, and that the high license
paid by local dealers is money
practically thrown away
This Til: indeed, would seem a logi-
cal conclusion from the reasoning
Of the court. Whether Congress
can frame law to obviate the con-
stitutional objection is doubtful;
bat over the territories less dubious
but unknown.
This decision produced a pictur
esque effect in certain quarters.
Friends of the prohibition cause of
antecedents were dumb
founded when they took in the ex-
tent of the decision. Like st. Paul
they saw a new, astonishing light on
the subject of the long-abused state
right doctrine, and comprehended
for the first time, a fundamental
democratic principle-home rule
over home questions-a principle
dimly obscured in their
minds only with the subject of ne
groes. AS an object lesson it was
a success. If home rule is good for
ireland it is good for America; if
good on the subject of temperance
it is equally as worthy here on all
questions affecting local communi-
ties only. The first commandment
Of the democratic decalogue is:
Let everyone mind his own bust
ness. Let each school district,
county and state attend its own af-
fairs, instead of building up dis
tant, imperial government which
has enough to do to attend to ma
tional affairs. What can be better
done at home than abroad, had
better be done there by the citizens
interested. This supreme decision
brings home this important princi-
pie Of the American government
as true now as in 1916 or when the
government was originally consti-
tuted. It is a new idea to many
voters Of this generation, and had
to be absolutely knocked into their
understandings by the highest au-
thority in the land. Some of them
cannot yet comprehend it. In
few days ago, lady
frantically declared in convention,
that any old woman would be
ashamed to make such decision,
and that Judges of the U. S. su-
preme court ought to be furnished
with petticoats.
If this DEF ision is not frustrated
by an act Of Congress, it is likely
to raise many important questions
in reference to licenses, and the
power to collect them. 1t will not
be surprising, some Of these days,
to hear the question of liquor licen-
ses raised in the Idaho courts unless
Congress passes some act on the
subject governing the territories.