The Cape Girardeau Democrat. (Cape Girardeau, Mo.) 1876-1909, 1891-05-30
THE SUPREME COURT.

Number of Decisions Handed Down.
Notably One Regarding "Original Pack
ages"-Thc Powers of Congress and of
the Several States Under the Constitu-
tion Defined-The Mormon Church Case,
Etc.
WASHINGTON, May 2G.-The supreme
court of the United States adjourned
yesterday until the second Monday i'll
October. \ large number of decisions,
several of them of general Importance,
We're rendered by the court. The most
important case decided was that OF
John VI. Willlerson, sheriff of Shawnee
county, HAS, against Charles ii.
Rahrer. This is one of the original
package eases, and il came to the SUI
preme court on an appeal from the
Western Kansas United States circuit
court.
Rahrer was the agent at Topeka,
Kss.. for Kansas City (MO-l liquor
firm. Last year he offered for sale
beer and whisky in original packages
Rahrer was arrested for violating the
Kansas prohibitory law; but the United
States circuit court for Kansas released
him on writ of habeas corpus. Tho
Kansas authorities then brought the
case to the supreme court on an appeal
The court yesterday reversed the cir
cult courts decree and remands the
cause for further proceedings. Chief
Justice Fuller. who read the opinion,
reviews at length legal opinions bear
ing on the jurisdiction of congress over
the states. and referring to the original
package law which was issued by con-
gress last year, asks the question us
the law open to constitutional objec-
tion?"
In considering this query. the chief
justice said that by the first clause of
section 10 of article of the constitu-
ton, certain powers are enumerated
which the states are forbidden to exercise
in any event, and by the second clause.
certain others, which may be exercised
with the consent of congress. As to
those in the first clause, congress can
not relieve from the positive restriction
imposed. As to those in the second,
their exercise may he authorized, and
they include the collection of the rev.
enue from imposts and duties and on
imports and exports, by state enact
ments, subject to the control of con-
gress; and a tonnage duty. to
the exaction of which only the
consent of congress is re-
quired Beyond this. congress was
not empowered to enable the state To
go in this direction. Nor could con-
gress transfer legislative powers tn Il
state nor sanction state law in VIOLA
tiOn of the constitution: and if it can
adopt state law as its own. it must he
one that it would be competent to
enact, and not law passed. in the cX-
ercise of the police power In sur
rendering their own power over cXter-
nal commerce the states did not
secure absolute freedom in such
commerce, but only the pro-
lection from encroachmcnt afforded
by confiding its regulation exclusively
to congress. by the adoption of the
constitution the ability of the several
states to act upon the matter solely i'll
accordance with their own will was ex-
tinguished and the Legislative will of
the general government instituted. No
affirmative guaranty was thereby given
to any state of the right to demand, as
between it and the others. what il could
not have obtained before: while the OBJ
ject was undoubtedly sought to be at
tanned Of preventing commercial rcla-
tions partial in their character or con-
trary to the common interests.
The court yesterday also entered 4
final decree in the cases of the late cor
poration of the Church of Jesus Christ
of Latter Day Saints, Romney and
others, against the United States. The
decree in this case. which involves the
disposition of property held by the
Mormon church, was entered last term
to give congress an opportunity of de-
Gliding how the cnniiscated property
should be applied, but as no congress
siOnal action was taken, the court yes
terday affirmed, with notifications, the
decree of the supreme court of Utah
providing that the Mormon church
property be devoted to such charitable
uses, lawful in their character. as may
most nearly correspond to those to
which it was originally destined, to be
ascertained and defined. unless con-
gress should otherwise order 10y refer
ence to master for due examination
and report subject to the approval of
the court. The supreme court of Utah
was directed to modify the decree ac-
cordingly. The court agreed 10 this
ruling by a vote of ) to i-Iusticcs
Harlan. Gray, Brewer and Brown dis
senting.
Justice Gray rendered the decision OF
the court in the case of Clara l.. Bots
ford, who was injured in Il Union Pa
cific railway ear and was awarded dam
ages. In its decision. the court held
that the lady was not obliged to SUBJ
nit to a physical examination by the
company's physicians to ascertain her
injuries. Such an examination, the
court decides. would be an invasion of
the sanctity of the person: had no foun-
dation in law. and had never been
recognized in this country. Justices
Brewer and Brown dissented.