The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-05-26
The SUPREME COURT
A Number Of Important Cases
Decided.
The Original Package Liquor Act De-
CiSi0n Reversed.
The Alaska Jud8eShip Case Decided Against
Ward MGBlliSter-A Seaman'S Plea
fer Release Refused
EIecial TO THE MORNING CALI.

States. McAlilSteT was removed from
Office as Judge Of the District Court of
Alaska by President Cleveland and cl aimed
his salary from the time he was removed to
the qualification Of Dawson, who was con-
frmcd as his successor. One question in
the case was whether the Judge of the
Alaskan court came within the provision of
Section 176S Revised Statut es, authorizing
the President to suspend all civil officers
except Judges of the United States"
The court holds that the Alaska
court is not a court of the United
States in a constitutional sense, as
set forth in the third article of the
Constitution but a Territorial court,
''Tne fact that tie term of the Alaska Judge
is limited to four years, and that he does not
hold Office for life or during good behavior"
the court says, proves it is not court Of
the United States as the term is constitu-
ti0nally Used.' The court said the decis-
ION in the present case gave the President
cOmplete power over Territorial officers.
judgment was therefore given In favor of
tie United States. Justices Field, Gray and
Brown disSented in an OpIaiOn, Ia VIII eli
Justice Field maintained that the mere will of
the PRESIDENT was sufficient to remove judge
of a court created by the United States, and
that a Judge should be responsible To any
man for continuance in Office. 1t seemed to
him that some of his brethren overlooked
the character of the judicial branch Of the
Government when they made distinction
against the courts of Territories These
courts had similar powers, and there was
the same necessity that they should use the
Office feaTessly and without fear of Offend
ing any President lest they should be re-
moved.
The case of Wingard. Justice of the
Washington Territory Court Was decided IN
the same way.
THE OMGINAL-PACKAGE ACT.
The court to-day upheld the constitution
ality Of the 0riginal-package law passed by
Congress, and also held IL was not neceS-
saTy for Kansas to Te-enact its pr0hDitOTy
law after the passage OF the Congressional
Act in order to shut out liquors in original
packages. The case came up ON appeal OF
Wilkinson, Sheriff, against RdheTeT, the
lower court having decided against the
State. This court TeveTseS the decision of
the lower court Chief Justice Fuller rem
dered the decision, the entire court being
with him.
Justice Gray announced, however, that
Justices HARLAN, Brewer and himself as
sented in the decision, but did not concur
In all the reasoning of the opinion Of the
court RaheTer was tie original package
agent at Topeka Of a Kansas City liquor
firm, and was arrested the day alter the
original package law went into effect. lie
claimed the law was unconstitutional, and
also that il could not go into operation until
the state re-enacteQ It's pTOHlDlt0ry laws.
The Circuit Court decided against the State,
and the case was brought here on appeal
The Supreme Court says: The power Of
q State 10 impose restraints ana bur
dens upon persons and property in
the promotion of public health, good
order and prosperity Is a power always
belonging to a State. The power of
Congress to regulate commerce among the
several States when the subjects are na-
tiOnal in their nature is also exclusive, but
u was left tree by the Constitution, except
as Congress might undertake to regulate It.
intoxicating liquors are undoubtedly sub
jects OF commerce ike any other COM
modify, but nevertheless 1t has often been
held that the law prohibiting the manu-
facture and sale Of liquor within State
limits does not neceS SSaTly infringe any
constitutional privilege or immunity. This
right rests upon the acknowledged right Uf
States 10 control thejr purely internal affairs,
The Iowa laws, held to be unconstitutional
IN LeIsy orignal-package case, were enacted
In exercise Of the State lice power, but as
il amounted TO the regulation Of interstate
commerce il was held that so long as Congress
aid nOt pass any law TO regulate specifically
the traffic between States on intoxicating
liquors, or act in such a way as to allow the
State law to operate upon II, Congress there
by indicated its will that such commerce
should be fee aud untTammeled, and there
fore the laws of Iowa were imperative, in
80 far as they amounted to the regula-
ton Of foreign interstate commerce, IN
inhlhltng the Tece JuOu Of such articles
within the State or their sale upon arrival
IN the form in which they are imported. 1t
follows that when Congress acted at all, the
result of its action must be TO operate as a re-
stTaint upon that perfect freedom which Its
silence insured. Congress has now spoken
and declared that imported Liquors snail,
upon arrival in a State, fall within
the category Of domestic articles OF
a similar nature CONGRESS did not
use the terms Of permission to
State to act, but simply ye-
moved the impediment TO the enforcement
Of State laws in respect to imported pack
ages IN their original condition, created by
the absence Of specific utteTance upon its
part. The ACT Of Congress removed the OBJ
stacle, and no adequate ground Is perceived
for holding that the re-suactment of q State
law was required before it could have the ef-
feet upon in oTted which il always had upon
domestic property The jurisdiction at
tached not in virtue OF the laws Of Congress,
but because that law placed property where
jurisdiction could attach.
In the case Of the Chicago Dlstillery Com
p2ny against Stone, the Internal Revenue
Collector, Justice Bradley delivered an
opinion IN favor OF the distillery cOm pany.
holding as unlawful the Government method
Of assessing al the end Of each month wha
he called 'mulct money" to make up any
distillatiOn by diStileTies in the excess OF
the capacity estimated from day to day.
the Supreme Court has rendered judg-
ment against the State of Kentucky in a
suit by the agents of the United States Ex-
press Company, who claimed the law of the
State. imposing a license-taX on exSrss
companies, was violation Of the interstate
commerce law.
OREGON CASE REVERSED.
a. 4 ~,
decision Of the Oregon Circuit Court in the
celebrated "wagOn-TOad cases" The DalIes
Military Road Company ct al, the Oregon
Central Military Road Company ct al and
the " llamette Valley and Cascade Mount
ain Road Company ct al. were the pTin-
were James K. Kelley, Daniel j. Cooper,
Matilda c. Rogers (adminstTatriX), William
Grant aud William Floyd. The Supreme
Court merely passes upon question Of prac-
tce concerning the Oregon Circuit Court.
when erred IN its decision, and therefore
all these cases are remanded All OF the
justices cOncurred in this decision.
HIS APPEAL DISMISSED.
John N. Ross who is serving a sentence
oil lie Imprisonment for a murder com
mitted on board of a United States vessel
in japanese waters, applied for release
he claims he was a British sub
ject when he shipped and asserted
that the Consular Court In Japan had no
right to try him. The Supreme Court holds
that any seaman sailing Oh a vessel dying
the American flag is under the jurisdiction
Of the United States. This plea was dis
missed.
DUTY on CERTAIN KID GLOVES.
Assistant Secretary Sspaulding to-day d.
rected the Collector of Customs at San
Diego to assess the duty on eertsin pairs of
kid gloves belonging TO Miss Glliland of
Riverside, Cal, according to their foreign
value and not on their home value. These
gloves were seized by the Collector. but
subsequently, released upon the payment Of
fine and the expenses of seizure.
MEMORIAL DAY OBsERvANCEs.
The President will take part in Memorial