Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-07-05
ORIGINAL PACKAGES.

ton that to pass a bill exempting any of
the States from the operation of laws regu-
lsting commerce between the States, as the
latter might by their laws elect, would be
dangerous departure. The more the
subject is examined, the more confirmed is
this journal in the view that Congress
should not thus legislate.
The most annoying and the most dam
gerous difficulty met with on the forma-
ton of the Federal Union was this of
regulation of interstate traffic. The States
had differing laws, they maintained differ
ent port regulations; some inhibited the
entry of goods that others invited in;
some taxed importations, others stimulated
them. 1t was found that if there was to
be any true Union, this whole matter of
commercial regulation must be committed
to Congress, which was done. As the
whole matter was left with Congress, it has
the constitutional right to make such reg
ulations as it deems wise.
Now come certain of the States, and ask
that Congress suspend the right of the
citizen of one State to ship goods Of his
production to citizen in another State, IN
cases where the latter State prohibits the
entry of such goods. This is asked in view
of the recent decision of the Supreme.
Court of the United States, generally
known as the Original package" decision
A bill to grant the petition has been
passed by the Senate, and reported favor
ably in the House, but minority report
has been submitted by Mr.. Adams of Hi
nois. He holds that
To surrender the power of Congress to regu
late interstate commerce, TO the Legislatures of
the several States. is 10 defeat the main purpose
of its creation. II is tenlold the vice of the
substitute. Il tends to undo the most important
work that was done when the Union was
formed. Congress can define the original pack
age in which intoxicating liquor can be i'm
ported into state. A legislation definition
would at once render impossible the establish
ment of a so-called original-packsge saloon the
only serious evil which can possible arise out of
the decision of the Supreme Court.
The suggestion that Congress can define
the original package is the solution of the
whole question. 1t was pointed out by the
REcoRD-USIoN some weeks ago as the
remedy for the evil complained Of We
have not believed that the Supreme Court
of the United States intended to, or did,
hold that the recipient of original pack
ages from another State had the right to
dispense them in defiance of the local law
prohibiting such sale. What the Court
held, we think, was, that when the goods
reach their destination their commercial
character ends, and that they then become
subject to local regulation. But in the
West the decision has been interpreted to
justify the retailing Of small packages
shipped in under cover of interstate COM
merce
The proposition that Congress shall de-
fine what is an original package and de-
clare when the act OF commerce ceases, is
Ito repeat-one that viii put the whole
question at rest. 1t will defeat the scheme
by which local regulation is evaded-
regulation which the Supreme Court of the
United States has decided the several
States havethe right to set up, even against
the payment Of a Federal tax for the
privilege OF selling liquors. Let Congress
pass, if it will, bill declaring that an
original package shall not be broken in
transit, that ii shall not be of character
evasive of local regulation Of the retailing
of goods, and that when it is delivered to
the consignee the interstate commercial
character shall cease, and the whole mat
ter will be settled.
But it is "A very different proposition,
and one fraught with danger to vital
principle of the Federal Union to delegate
to any State the power to prohibit inter-
state commerce, and that such would be
the effect of the Senate bill appears to us
clear