Audubon County Republican. [volume] (Audubon, Audubon Co., Iowa) 1885-1894, 1891-05-28
THE Law VALID.
The supreme Court ofthe U. :. Pas
ses upon the Wilson Hili.


SEES upon the Wilson Bill.
The supreme court Of the United
States, May 25th, upheld tho constitu-
tionality of the original package law
passed by Congress, and held il not
necessary for the state Of Kansas to
re-enact its prohibitory law after the
passage of the congressional act in
order to shut ont liquors in original
packages. The case came up on the
appeal of Williamson, sheriff, against
Rahcrer, the lower court having do
cided against the state. This court re-
verses the decision OF the lower court.
Chief Justice Fuller rendered tho de-
cision, the entire court being with
him.
Justice Gray announced, however,
that Justices Harlan Brewer and HIM
self did net concur in all the reason
ing of the opinion OF the court. Ra,
horer was an original package agent
ut Topeka, of Kansas Ci,y liquor
firm, and was arrested the day after
the law took effect. He claimed the
law was unconstitutional and also
that it could not be put into operation
until the state re-enaCtad its prohibit
ton laws. The circuit court decided
against the state and the case was
brought here on appeal. The supreme
court says the power of the states to
impose restraints and burdens upon
persons and property in the promotion
of public health, good order and pros
perity, is n power always belonging 20
states. The power OF congress to req
ulate commerce among the several
states, when the subjects are National
in their character, is also cXclu 3ive
But it was left free by the constitution,
except Congress might undertake to
regulate it. Intoxicating liquors arc
undoubtedly subjects OF commerce,
like any other commodity. Neverthe-
less, it has often been held that laws
prohibiting the manufacture and sale
of liquor within state limits does not
necessarily infringe amy constitutional
privilege or immunity. This right
rests upon the acknowledged rights OF
the states to control their purely in
ternal affairs. The Iowa laws held to
be unconstitutional in the Leisy origi-
nal package case were enacted in tho
exercise of the state police power, but
as it amounted TO u regulation of inter-
state commerce it was held that so
long as Congress did not pass any law
to regulate specifically the traffic be-
tween states on Intoxicating liquors,
CT an act in such way us to allow state
laws to operate upOn il, Congress
| thereby intimated its will that aach
| traffic should be free and untrammeled;
| that the laws of Iowa were unconstitu-
tional in SO far rs they related to for
cign on imported liquors. on traffic in
Interstate commerce in inhibiting the
reception OF such articles into the
state or their sale in the form in which
imported. II follows thai when Com
gress acted at ALL the result Of its ac-
| ton must be to operate as restraint
upon that traffic which its silence in
sured. Congress has now spoken and
declared that imported liquors shall
! upon arrival in the state fall within
! the category of domestic articles OF
similar nature. Congress did not use
terms of permission TO states to enact
but simply removed an impeachment to
the enforcement OF state laws in 70
spect TO imported packages in her
original packings, and placed the law
where it could be enforced. The act
of Congress removed the obstacle, and
no adequate ground Is perceived 70"
state law was required before IL could
have the effect upon imported which
it always had upon domestic property
The jurisdiction attached. not IN vir-
tue Of the law of Congress but that tho
law placed the property whore juris-
| dictiOn could attach.