Huntsville gazette. [volume] (Huntsville, Ala.) 1879-1894, 1891-05-30
THE SUPREME COURT.

-N""er OF decisions Handed Down,
Notably One Regarding .Original Pack
ages'-The Powers Of Congress and OF
the Several States Under the Constitu-
ton Defined-Thc Mormon Church Case,
Etc.
WASHINGTON, May 26.-The supreme
court OF the United States adjourned
yesterday until the second Monday in
October. A 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 NJ. Wilkerson, sheriff of Shawnee
county, Kas., against Charles H.
Rahrer. This is one of the original
| package cases, and it came to the SUI
preme court on an appeal from the
Western Kansas United States circuit
court.
Rahrer was the agent at Topeka,
| kas., for a Kansas City (Mo.) 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. The
| case to the supreme court on an appeal.
| The court yesterday reversed the cir
cunt 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 obiec-
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 be 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 cxaction of which only TIL
consent of congress is re-
quircd. Beyond this, congress was
not empowered to enable the state to
go in this direction. Nor could con-
gress transfer legislative powers to
state nor sanction a state law in viol;
ton of the constitution; and if it can
adopt a state law as its own, it must be
one that it would be competent to
enact, and not a law passed in the ex-
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 encroachment afforded
by confding it's regulation exclusively
to congress. 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 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 it could
not have obtained before; while the OBJ
ject was undoubtedly sought to be at
tanned of preventing commercial rela-
tions partial in their character or con-
trary to the common interests.
The court yesterday also entered
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 confscated 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, by 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 to this
ruling by a vote of 5 to Justices
Harlan, Gray, Brewer and Brown dis
sentipg.
Justice Gray rendered the decision Of
the court in the case of Clara L.. Bots
ford, who was injured in a Union Pa
cific railway car and was awarded dam
ages. In it's decision, the court held
that the lady was not obliged to sub
NIT to 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-
Seeded from the Strikers.
WASHINGTON. Ind, May 24.-One