The weekly tribune. [volume] (Great Falls, Mont.) 1891-1894, 1891-05-30
John Bardsley Is Charged with Collect
ing Over $500. 900 for Pennsylva-
Male Fails to Account for IL.
Marsh. the Fugitive President of the
Keystone National Bank Still at
Liberty. hut Holly Pursued.
ORIGINAL PACKAGE LAW.
The United States supreme Court Says il
is valid and Constitutional.

W~AsHISGToN, May 2l.-Thc United
States supreme court today decided
that the original package law passed b,
the last congress was valid and constitu.
t%ional. and that it went into effect in all
the states where prohibitory laws pre-
vailed without recnactment by states of
laws by which they forbade the sale of
Intoxicating liquors within their bounda-
rics, whether imported from other states
or not. Chief Justice Fuller rendered
the opinion Of the court and the bench
was united in support of the conclusions
at which he arrived, though Justice
Gray announced that Justices Harlan.
Brewer and himself did not concur in all
the reasoning of the opinion of the
court. The case upon which the decis-
ion was rendered was that of John NJ.
Wilkerson. sheriff of Shawnee county,
Kansas. appellant. vs.. Charles \. Raerer,
brought here on an appeal from a dccis-
ion of the circuit court OF the United
States for the district of Kansas against
the state.
Rahrcr was the original package agent
at Topeka, Kansas, of the firm of May
narCi. Hopkiss n Co. of Kansas City. Mo.
and was arrested the day after the or
lglnal package law went into effect. He
claimed the law vas unconstitutional
and also that 1t could not 90 into opera
ton until the state had rcenactcd its
prohibitory law. The court SAYS the
power of the state to impose restraints
and burdens upon persons and property
IN the promotion of public health. good
order and prosperity is the power al
ways belonging to states not surrendered
10y them to the general government nor
directly restrained by the constitution of
the United States and essentially exclu-
sivc. The power of congress to regulate
commerce among the several states when
the subjects are national in their nature,
it says, is also exclusive. The constitu-
ton does not provide that interstate
commerce shall be free. but by the grant
OF this exclusive pow cr to regulate il. it
was left free, except as congress might
undertake to regulate it. Therefore it
has been determined. Robbins vs.. Shelby.
taxing district. that the failure of con
grcSS 10 exercise this exclusive power in
any case Is an expression Of its Will that
III" subject shall tie free from restrictions
or lmpositlons upon il by the several
a'"I's' "il. II Sr"l' law can pc III CONNECT
viii 'Ir WIZ I'll congress- SIalc ana con,
Ei'SS c9iil"' occupy TN" position OF equal
onl"Si'ioil Sp'ercl!hlics' because the con
st''u'loh declares us supremacy and that
~ i"MH Passcu III pursuance thereof
t'a' M'ilGh Is not supreme must ylcld to
inat Mhich Is supreme. me court says
in,,Niv'tilS liquors are uhdoubtcdlE SUB
J'''n VI commerce IKE any other com
4l""l! any are so recognized; hut never
'n'i'H9 IT haS 'eeh oitoh hcld tllat laws
h'"'lpl'iilH 'ie ulanulaclure ana sale ct
l'luoi "i'niil state limits do"s not nee
'ssdril. infringe upon any constitutional
r'l.ilfSc or immunity this right being
nt1leo as IN me Nagier case upon the
atnno"i c',Scu ilSh' Oh States 70 control
.iiclr purely internal affairs. and III 50 do
ing they protect the health, morals and
safety OF their people 10y regulations
una do not interfere with the powers Of
the general government. The present
cases arises upon he theory of repug-
name! between state law and the inter
state commerce clause OF the constitu-
tioh ana involves the distinction be
tween commercial power n police power
W,lch' though quite distinguishable
when they do not approach each other.
are sometimes like colors so nearly allied
as to peprlex the understanding as col
ors do vision. Continuing. the court
saysthe Iowa laws held to be %unconsti-
tutlonal in the Leisy original package
case were enacted in exercise of
states police mower and not AT
all as regulations of interstate
commerce. but it amounted in effect 70
the regulation of such commerce. If
was held that as long AS congress did NOT
pass any law to regulate spegial traffic
between states on Intoxicating linuors or
act in such way as to allow state Laws 70
operate upon it, congress thereby indi,
it's will that such commerce Should
be free and untrammeled. and tberofnra
that the laws of low, u,nra "