Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-02-12
THURsDAs. FEBRUARY 70. 1891.
The Interstate Commerce CLAUSE.

The Interstate Commerce Clause.
Whilst RrcHRD NJ. JOHNSON was Post
master-General he wrote q long and able
report in favor of Sunday mails There
were at that time. as now, large number
OF persons who considered it wrong for the
Government Of the United States to violate
or override the Sunday laws OF the several
States. These persons had conscientious
scruples on the subject. So powerful and
convincing were his arguments that they
served toput an end to the agitation which
had previously occupied no little share OF
the attention OF the public. At any rate,
not only are the United States mails now
transported ON Sunday within the several
States and from one State into and even
across another. but In every city contain
ing any considerable number OF inbabi-
tants the post-offices are opened for time
on Sunday and thousands of persons
call for their letters and papers whose
ancestors were among the petitioners who
in RICHARD NJ JoHNsoS's day protested so
earnestly. vigorously. and conscientiously
against what they considered adesecration
of the Sabbath day. Not only does the
Government Of the United States now
allow TIE mails to be transported on Sun
day, but its courts will not permit the Sun
day mail trains TO be interferred with by
the State authorities. Street-cars are
crowded with passengers on Sunday, and
their occupants are many of them men,
bers of the several denominations. The
Disp1tch's representative in New Orleans
saw last Sunday nearly 5000 persons seated
in the French 0peraHouse in that city
listening to the music and enjoying the
performance as IL it had been given on
some other day of the week.
Just here let us say that our Federal
Government as il exists now is result of
the process of evolution. Its founders
never dreamed that it would become what
II is. II was nearly hundred years after
Its foundations were laid before Its highest
court decided that Congress has power to
make something besides gold and silver
tender for debts. As the Federal Consti-
tuition prohibits the several States from
doing so-that is, making anything else
than gold ard silver legal tender-but
does not prohibit Congress from doing it,
SO possibly the same court may reverse the
proposition and hold that, though Con-
gress is forbidden by that instrument to
make any law respecting ian establish
ment of religion" yet the several States
may make each law of its own
on that subject. By the way. the Federal
Constitution does not prohibit religious
legislation Of all kinds, but only such as
obstructs the free exercise, of religion or
aids in building ND an established re-
ligion--that is, Government Church-a
State Church. Possibly. therefore, our
Sunday laws do not conflict with Article
of amendments to the United States Consti-
tuition, the language of which is, Con
gress shall make no law respecting an es-
Enlistment of religion, or prohibiting the
free exercise thereof" The words an es-
Enlistment of religion were plainly used
TO describe a governmental religious es-
Enlistment. such as the Church of Eng
land is--a Church supported by tithes of
taxes.
There are many other things connected
with the interstate commerce clause of the
Federal Constitution which might be men,
toned here. However, we did not set out
TO discuss the general subject, but only to
add word to what we said yesterday
touching two conflicting judicial decisions
recently rendered in Southwestern Yir-
ginia on the constitutional question under
consideration. In the REBMAN case the
law had been purposely framed so as TO
avoid conflict with the Federal Constitu-
ton. II merely provided that fresh meats
brought into this State from points more
than hundred miles distant should be in
spected. II was an inspection law pure
and simple. the Legislature sup
posed. But tho United States Supreme
Court held that it was a law which
interfered with commerce between Yir-
GINA ana other States. SO in the case be-
fore us. The law merely attempts to pro-
vide for proper observance of the Sab
bath day, but the same court may hold
that itinterferes with interstate commerce.
Certainly under State law the United
States mail trains cannot be stopped on
Sunday. Nor can one portion of train be
arrested and the rest of il be permitted to
proceed on its journey. Nor can perish
able articles of freight be stopped on the
road TO await the arrival Of Monday morn
ing. II the mails cannot be stopped and
perishable freight cannot be stopped, the
State officials viii hardly undertake TO de-
tain the cars containing other articles. The
Supreme Court OF the Uniteds States may
say, as 1t said in the REBHAs case 1T is
for all practical ends statute TO prevent
the citizens Of distant States having for
sale fresh meats (beef, veal. or mutton)
from coming into competition upon terms
of equality with local dealers in Virginia"
That Court would probably not allow live
cattle or other live freight to be stopped
at the State line. Nor would 1t allow
freight trains 10 be broken up and some
cars to proceed on their journey whilst
Others we're detained on the border.
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