The Wilmington daily Republican., 1891-05-26
IMPORTANT DECISION
Rendered by the Supreme Court
Of the United States
ON KANSAS PROHIBITION LAW.

which Released an "Origina1
Package" Man, Reversed, and the
Cause Remanded for Further Pro-
ccedings = The Mormon Church
Property.
WASHINGTON, May 26.-The supreme
court of the United States has adjourned
until the second Monday in October.
Before adjournment large number Of
decisions, several Of them of general i'm.
portance, were rendered by the court.
The most important case decided was
that of John M. Wilkerson, sheriff of
Shawnee county, Kansas, against
Charles III. Bohrer. This is one of the
original package cases, and it came to
the supreme court of an appeal from the
Kansas United States circuit court.
Rohrer was the agent at Topeka, Kan,
for Kansas City liquor firm. Last
year he offered for sale beer and whisky
in original packages. Rohrer was ar
rested for violating the Kansas Prohibi-
tion law, but the United States circuit
court for Kansas released him on writ
of habeas corpus. The Kansas author
tiles then brought the case to the su-
preme court on an appeal. The court
reverses their circnit courts decree and
remands the cause for further proceed
ings.
The Jurisdiction of Congress.
Chief Justice Fuller, who read the
| opinion, reviewed ut length legal
| opinion bearing upon the jurisdiction Of
congress over the states and referring to
| the original package law passed by con-
| gress last year. The chief justice said
that by the first clause Of section 10 of
article of the constitution certain
| powers are enumerated which the states
are forbidden to exercise in any event;
and by clause certain others, which
! may be exercised with the consent of
congress. AS to those in the first class
congress cannot relieve from the posi-
tive restriction imposed. AS to those in
the second their exercise may be author
lied, and they include the collection of
the revenue by state enactments, subject
to the control of congress, and a tonnage
duty, to the exaction of which only the
consent of congress is required. Beyond
this congress was not empowered to
enable the state to go in this direction.
Nor could congress transfer legisla-
tive powers to a state, nor sanction
state law in violation of the constitu-
ton, and if it can adopt state law as
its own it must be one that it would be
competent itself to enact. By the
adoption of the constitution the ability
of the several states to act upon the
matter solely in accordance with their
| own will was extinguished and the leg
islative will Of the general government
substituted.
McAIIister Defeated.
Justice Harlan handed down an opin-
ion of the court in the case of Ward Nc
Allister, Jr., who was appointed United
States district judge for Alaska by
President Arthur, and whom President
Cleveland suspended from office before
McAllister's term had expired. Judge
McAllister claimed salary from the
date of his suspension until the
date of day his successor was commits
stoned, but the court holds that the
statute under which he was appointed
forbids the allowance of the claim. A
similar decision was rendered in the case
of Samuel G. Wingard, who was sus-
pended from the Office of district judge
of Washington territory by President
Cleveland.
Bank Directors Not Liable.
In the case of the First National Bank
of Buffalo the court rendered a decision
freeing the directors from blame for the
banks failure. The bank failed and
passed into the hands of a receiver, who
sued the directors for allowing tho presi-
dent to contract some loans that re-
suited disastrously. The court holds
that directors of national banks are not
obliged to exercise more than tho super
vision usually expected of them. and
that they are, therefore, not liable for
the failure of the bank, because they
did not supervise the action of the
president in making the loans.
The Mormon Church Property.
Tho court entered final decree in the
case of the late corporation Of the
Church of Jesus Christ of Latter Day
Saints against the United States. The
decree in this case, which involves the
disposition of property held by the Nor
mon church, was entered last term to
give congress an opportunity of decid-
ing how the confiscated property should
be applied, but as no congressional &C.
ton was taken the court affirmed, with
notifications, the decree of the supreme
court of Utah. providing that the Nor
mon church property be devoted to
charitable uses. The supreme court of
Utah was directed to modify the decree
accordingly. The court agreed to this
ruling by a vote of to 4-Justices Har-
Ian, Gray, Brewer and Brown dissent
| ing