Blue-grass blade. [volume] (Lexington, Ky.) 188?-19??, 1891-02-14

else OF state police powers on q subject
matter. and declaring that since the su.
preme court had, subsequent to the pas
sage Of the Wilson bill. decided the Iowa
law as regards the sale of liquors in
original packages mil and void, there.
fore the law Is still null and void The
court, therefore, granted perpetual in
junction to restrain Abrams from fur.
Their interfering with the business of the
plaintiffs In selling liquors In original
packages.
Under this decision Il Is evident that
neither prohibitory nor any restrictive
or license laws can prevent the opening
of original package saloons. The Penn
sylvania and Nebraska high license laws,
and the local option laws of Georgia
and Massachusetts,. and the three mile
and four mile laws of other states, all
are powerless TO prevent a raid of con
scienceless liquor sellers.
Original package saloons can he open.
ed in New York city in spite Of all the
efforts of Dr. Howard Crosby's Excise
league TO prevent the issuing Of licenses.
They will not need licenses.
The only remedy is the prompt passage
of new laws to take the place of the old
ones. all of which are rendered null and
void by United States supreme court
decision which some of the best lawyers
in the nation regard as bad law.
Several saloons have resumed business
in Kansas, and there is nothing to pre-
vent unrestricted selling until the legis
lature convenes next January, and re
enacts the prohibitory law.
The state has given. notice of an APP.
peal to the state su6reAe court. Thi'
decision is in part as follows:
"Thc contention of tho state is that
the act of congress enlarged the scope
and operation of the net of the state leg
stature, making that which was a legiti
mate business one day "a crime the next
not under any law of congress, but
against the law Cf the state. There il
nothing in the wording Of the act imply.
ing that congress asserted such power
or intended to give such effect to this
enactment.
"The Wilson bill left it to the free and
untramiueled action Of theseveral states
to determine whether they would not in
clude within their police laws this par.
ticular article ef commerce. Every state
in the union probably has in its statutes
some regulations of the traffic in intoxi
eating liquors. These statutes. as rule
exempt from their operation imported
liquors AMI their sale in original pack
ages. thus indicating the general conscn
sus that hitherto t was pot recognized az
among the police powers of the state tC
regulate or interdict among the states the
traffic in imported liquors. The prohibi
tory law of the state of Kansas, where il
touched upon interstate commerce. wa
no law at all at the time Of this enact
ment nor since"
Judge Cooley says:
"The term unconstitutional law, ..
employed in American jurispr ldence. il
q misnomer and implies contradiction
that enactment which is opposed to thu
constitution being in fact not law at all.
Again Judge Cooley says:
when a statute is adjudged to b
unconstitutional it is as if it had neve
been. How, then, can the act of con
greSS III question nave tne euecI du'
operation claimed for it by the attorney
for the state? For it must be kept il
mind that legislative act in conf]ic
with the constitution not only illeaa
: or voidable, out it is absolutely void"
Continuing. the opinion states tina
the Wilson law, under every rule of con
struction. must be prospective in the OF
Grafton. II must further be conceded
says the decision, that inasmuch as tn
right of the state in this new exercise o
its police power comes for the first tim
and alone from the enactment of tn
Wilson bill the state cannot apply til
law until it passes new law forbiddinl
the liquor t. .ffic.
The opinion concludes:
1.-THE operation Of criminal law
should not be enlarged by implication
but they should be strictly construed
And where there is any well founde,
doubt as to any act being public of
tense, especially not NAHUM in Sc, j
should not We declared such, but SHOULD
rather lie construed in favor of the Lib
erty of the citizen. 1t follows that tn
petitioner is entitled to be discharged
and it is accordingly SO ordered