The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1891-07-05
INTERSTATE COMMERCE.
n tho Springfield Republican.

|
| That decision Of the supreme court nj
Virginia declaring invalid the State law
forbidding the running OF Sunday freight
trains, to which we recently referred
gives so broad al application of tho re-
cent original package decision rs to be
worthy OF further comment. Tho Nor
Iolk and Western railroad ran freight
trains on Sunday, and it's officers wcro
| convicted and fined under the statute.
Tho supreme court of the State over
ruled that conviction on the ground thai
forbidding the transportation of freight
across the State on Sunday was an inter
| terence with commerce which was
clearly unconstitutional. So far this
court 1nterprets the plain intent of tho
Iowa decisions, but it adds Il further in
| depreciation of that portion of the con-
stitution upon which these decisions are
based. Speaking of Sunday laws in
general the Virginia court says that
The State may, in the exercise of the
police power, enforce observance Of the
Sabbath, not as religious duty but as
day OF rest, when not in conflict with
higher law, Is undoubted. But that
when such legislation intcrferes with or
obstructs Interstate commerce, as in
the case before the court, it is void;
that such obstruction is, in legal con-
ten plation, n regulation of commerce,
and therefore an invasion Of tho eXclu-
sivo domain of Congress-
This Is consistent with the recent
dicta of the Supreme Court of the United
States, but it raises some interesting
questions as to tho extent to which the
supreme court law invalidatcs tho State
laws forbidding all traffic on Sunday
1t Is doubtful, for instance. whether
business can be suspended and the sale
OF commodities in Original packages"
DC forbidden. There arc numerous
articles like cigars, tobacco and confec-
tioncry which can be brought from one
State to another in packages of convcn-
lent size for handling, which would thus
become articles Of Interstate commerce
and exempt, so far as forbidding their
salo Is concerned, from any Sunday
laws. The first Iowa decision gave a
warrant for a broad intcrprctat ton Of
what might be considered legally an
original package, and under it q ward of
cloth or single cigar properly wra oped
up would be as much original packages
as half-pint OF whisky was decided to
DO in Iowa.
If this Virginia court is right, there
are, 1T looks as though most kinds Of
business might be conducted on Sunday
regardless of the local law, provided it
would pay to make up original packages
for sale, which in most cases is doubt
full. The reason why there is so little
Sunday business is probably this fact,
that outside of a few lines which minis
ter to tho necessities of the public Sun
day selling does not pay. If it did, it
may be doubtcd-if this Virginia dccis-
ion and its basis are good-whcther the
law would restrain Uncertainty not un-
less there was behind the law a strong
popular sentiment in favor OF one day
OF rest in seven. But while such is the
logic OF this Virginia decision, it is not
likely to mako trouble as q matter of
fact. The public sentiment Of the East,
at least, is not weakening in this matter
of the desirability of having one day
when the burdens of the week may be
cast aside.