The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1890-11-06
THE ORIGINAL, PACKAGE
Opinion of Federal Judge on the Recent
Act of Congress-

Opinion of a Federal Judge on the Recent
Act of Congress.
LITTLE Rock, Ark, Oct. 3l.-TEe opinion
of Judge Caldwell of the United States
Circuit court in the original package case
of II. NJ. Van Vliet, of Iowa, was filed to-
day. 1t discusses all the questions raised
and extends over more than fourteen
large type written pages. The court holds
that the act of congress and laws of the
state are valid.
Following are some of the salient
points in the opinion: By act of con-
gress the right which importers previously
enjoyed of selling liquor in original pack
ages in the state where the transit ended
regardless of the laws of such state is
taken away, the act declaring that
the liquor shall upon its arrival in
such state or territory be subject to
the operation and effect of the laws OF such
state. After citing authorities and the act
of congress the opinion proceeds: 1t will
be observed that by The terms of the act of
the original package, upon arrival in the
state is put on the same footing with the
liquors produced in the state. The origina
package when it arrives within the stale
where the transit terminates is at once re-
duced to the rank of domestic liquor and
enjoys no privileges not enjoyed by dOmes-
tic liquor, and is subject to the operation
and effect of the laws of such state enact
ed in the exercise of its police powers to
the same extent and in the same
manner as domestic liquor. Now
there never was any question
that the laws of Iowa prohibited the sale Of
liquors produced il the state, and that the
laws for this purL use were constitutional
These laws were in full force at the date of
the passage of the act of congress, and that
act having in legal effect abolished the
original packages OH their arrival within
the state by placing them on the same
90 ing with liquor produced within the
slate, they are as much amenabe to the
state law as if they had never existed in the
form of an original package Congress may
regulate inter commerce but not inter
state commerce. 1t may regulate
commerce among the states but not in
the states The state may regulate purely
International but not inter state commerce.
The act is drawn in view Of settled prin
ciples. 1t p otects interstate transporta-
ton of liquor until its arrival in the state
where transit is to end and no longer
Upon its arrival in the state the act of con-
gress declares that it shall be subject to the
laws of the state. 1t is said the supreme
court declared these laws TO be unconsiitu
tior al in so far as they prohibit the sale OF
LIQUORS by the importer or his agent in
original packages and that congress could
not In the language of the learned counsel
vivify dead statute. There are two an.
swers to this contention.
The first is the ect of congress relegates
the original packages of liquor on
its arrival in the state to the
laws of the state passed in the
exercise Of its police powers, and there is
not now nor ever has been any doubt of
the validity of those laws. 1t is not the
laws of the state, but the original package
that is dead. The obvious design and in.
tentlon of congress was to withdraw at once
the protective shield of interstate CONNER e
for original packages of liquor the moment
they entered the state, where their transit
ended by placing them on footing with
the liquor products in the state, and declar-
ing that they shall be subject to the same
laws. This is what the supreme court, as
| construe their opinion, had said congress
might do, and it is what it did do in Ian
guage that admits of no evasion or discus
sion