The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-05-26
ORIGINAL PACKAGES
The Congressional Law Regard
ing Them is Constitutional.
POLICE POWERS OF THE STATES
In the Matter of Interstate Commerce-Tho
Re-enactment Of the Kansas Pro-
hibitory Was Not Necessary.

WASHINGTON, May 25.-The United
States supreme court o-day upheld the
constltutionality of the original package
law passed by Congress, and also held it
was not necessary for Kansas to re-enact
It's prohlbltory law after the passage of the
congressional act in order to shut out
LIQUORS in original packages.
Inc case came up on appeal of Wilkln-
son, sherltf, against Raherer, the lower
court having decided against the state
Ihls court reVerses the decision of the
lower court Chief Justice Fuller rem
dered the decision, the entire court beng
with him.
In the case Of the Chicago Distilling com
pany against Stone, internal revenue COL
lector, Justice Bradley delivered an opinion
IN favor of the distilling company, holding
unlawful the government method of as
sesslng at the end of each month what is
cailea 'mulct money" to make up any dis
tlllatlon by distilleries in excess of capa-
city estimated from day to day.
Justice Gray announced, however. that
JUSTICES Harland, Brewer and himself as
sented to the decision but did not concur In
all the reasoning of the opinion of the
court.
Rahrer was the original package agent at
topeka OF the Kansas City liquor firm and
was arrested the day after the original
package law went into effect. He claimed
the law was unconstitutional and also that
1t could not go into operation until the
state reenacted its prohibitory laws. The
circuit court decided against the state and
the case was brought here on appeal. The
supreme court says the power of the
state TO impose restraints and burdens
upon persons and property in the
promotlon OF public health, good order and
prosperity, is power belonging to the
state. Inc power of Congress to regulate
commerce among the several states ia ex-
elusive, but it was left free by the consul
tuition except as Congress might undertake
10 regulate 1t. Intoxicating liquors are
undoubtedly subjects of commerce like anv
other commodity, but nevertheless their
laws providing for the manufacture and
sale OF liquor within a states limits does
not necessarily infringe any constitutional
privilege or immunity. This right rests
upon Inc acknowledged right of the states
to control their purely internal affairs.
The Iowa laws held unconstitutional in
the original package cases were enacted
In the exercise of the state police power.
OUT as IL amounted to a regulation of inter
state commerce, it was held that so long as
congress did not pass any law to regulate
specifically the traffic between the states of
Intoxicating liquors, or act in such way
as to allow state laws to operate upon il
such commerce should be free and un-
trammeled, and therefore the laws of Iowa
were imperative in so far as thew
amounted TO regulation of foreign or in.
ter-state commerce in inhibiting the recep-
uon OF such articles within the state or
their sale upon arrival in the form in which
imported. 1t follows that when Congress-
acted at all the result of its action must be
to operate as restraint upon that perfect
freedom which its silence insured. CONGRESS-
has now spoken and declared that i'm
ported liquors shall, upon their arrival in
state, fall within the category of domestic
articles of similar nature. Congress did
not use terms of permission to the state to
act, but simply removed an impeachment to
the enforcement of state laws in respect to
imported packages, in their original con-
dition created by the absence of any specific
utterance upon its part. The act of CON
gress removed an obstacle, and no ADEQUATE
ground is perceived for holding that the
re-enactment of the state law was required
before it could have effect upon Imported
products which it always had upon domes-
tic property. Jurisdiction attached not in
virtue of the law of congress, but because
that law placed the property where iuris
dlction could attach.