Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-08-15

gress and if an Interpretation be given it
contrary to the decision of the supreme
court, that court itself will soon be called
upon to declare whether it Is constitution
al or not, and there does not seem to be
much doubt that it would be held uncon-
stitutional and void"
Some of the great journals of the nation
hold that any Jaw enacted will be ineff1ca-
ciOus and that the only remedy is in rear
gument of the question before the supreme
court and a modification or reversal of the
original opinion. Great pressure has been
brought to bear upon the court to induce a
reconsideration of the question, and ifitis
reopened it is possible that the court will
luminously define the authority of states
in the premises and the power Of congress
to delegate its interstate jurisdiction.
Every consideration demands a speedy
and final adjustment of the subject. Tit
country will acquiesce readily in any de-
have been heard. The wisdom or foolish
ness of prohibition laws are not involved
in this contention. The settling of a Ques-
ton of abstract constitutional law is al
ways made without regard to the cOnSe-
quences flowing from its declaration.
We hope the supreme court will reopen
the subject in some name and settle for
all time this perpleXing question.
Curtis, the Washington correspondent
of the Chicago News. quotes one of the
republican opponents to the new law as
follows:
THE bill is a remarkable one, and the
objections to it were fully set forth when
the subject was in the house before. 1t
proposes to have the police regulations of
a state attach to liquors ethe moment they
cross its borders. They may therefore be
made liable to contiscation not merely when
offered for sale, but in the cellar OF a man
who has imported them for his own per-
sonal use; and, if Encouragement anything,
even while they are in transit, although
not destined for a point within the state.
Thus a keg of beer shipped from a Chicago
to a point in Montana would be subject to
the police laws of each of the intervening
states through which it would have to pass.
Such legislation is not merely nnWlse.
but in my Judgment will not be upheld for
a moment by the courts. l cannot under
stand how gentlcmenwhO have argedairy
interests in their districts in states
where OleOmargarine is prohibited voted
for the bill. The house substitute afforded
them a protection which the Wilson bill
does not, and the adoption OF the confer
grade oils and a most of things in a posi-
ton to take advantage of the Leise deci-
sion with no hope of legislation as far as
they are concerned by the present con-
gress.
Take my word for it," he continued,
"befOre next session you will hear a protest
against this action far louder than that
which followed the announcement of the
decision of the supreme court. This action
establishes a precedent, one which other
interests that desire like action will not be
slow to take advantage of. You may now
look for a flood of suggestions for like leg
i%slation, which will only serve to point out
thn ln1I- n Z tod Nv. -F fhS- ~ to ntfa1f
therefore. it is as far reaching. if not more
so, than any measure which has been acted
Oh at this session. now famous for the i'm
portant subjects dealt with"