The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1891-05-26
State Prohibitory Laws We're Not Invalidated
BY the Act, and Hence There Is No Neces.
sity for Their Re-Enactment.
Fresh Evidence that the New Party Will
Play Into the Hands of Democracy.
Gen. Foster Handling Diplomatic Matters for
Mr.. Blaine-Chsrges Against Pension Of
fee Employees Found to Be Baseless.
SUPREME COURT DECISIONS.
Origtnal-Package Law Upheld and Othe
Important Cases Acted On.

Special to the Indianapolis Journal
WASHINGTON. May %. - The Supreme
Court of the United States adjourned to-
day until the second Monday in October.
A large number of DECISIONS, several of
them of general Importance, were rendered
by the court.
The most important case decidess was
that of John NJ. Wilkerson. sheriff of Shaw
nee county. Kansas. against Charles H.
Rohrer. This is one of the ~original-pack-
age cases and it come to the Supreme Court
on an appeal from the Kansas United States
Circuit Court. Rohrer was the agent at
Topeka, Kan, for a Kansas City. Mo-.
liquor firm. The last car he offered for
sale was beer and whisky in original pack
ages. Rohrer was arrested for violating
the Kansas prohibition law. but the United
States Circuit Court for Kansas released
him on a writ of habeas corpus. The Kan
sas authorities then brought the case to the
Supreme Cour on an appeal.
The court to-day reverses the Circuit
Courts decree and remands the cause fer
further proceedings. Chief-justice Fuller,
who read the opinion, reviews at length
legal opinions bearing Of the jurisdiction
of Congress over the States, and. referring
to the original law passed by Congress last
year, asks the question: rs the law open to
constitutional objectiOnsf" In considering
this query the Chief-justice said that by
the first clause of Section 10, of Article !, of
the Constitution, certain powers are
enumerated which the States are forbidden
TO exercise In any event, and by Clause 2
certain others, which may be exercised with
the consent of Congress-. As to those in the
first class. Congress cann0 relievefrom the
positive restriction imposed. AS to those
in the second. their exercise may be author
lied. and they include the collection of the
revenue from imports and duties on
imports sn6 exports by State enactments.
subject to the control of Congress-, and q
tonnage duty to the exaction of which only
the consent of Congress is required. Be-
yond this Congress was not empowered to
enable the State to 60 in this direction.
Nor could Congo ss transfer Legislative
powers to o State, nor sanction q State law
In violation of the Constitutions; and il 1t
can adopt q State law as its own. it must
be one that it would he competent itself
else of the police power. In surrendering
their own power over external. commerce.,
the States did not secure absolute freed "a
IN such commerce, but only the protection
from encroachment afforded by coniding
it's regulation exclusively to Congress. BY
the adoption of the Constitution the ability
of several States to act upon the matter
solely in accordance with their own will
was extinguished, and the legislative will
of the general government substituted.
No affirmative guarantee was thereby
given TO any State of the right TO demand.
as between it and the Others. what il could
no have obtained before, while the object
was undoubtedly sought to be attained of
preventing commercial relations partial in
their character or contrary to the common
interests.
In effect the decision declares that the
original package law passed by the last
Congress is valid and constitutional. and
that it went into effect in all States where
prohibitOry laws prevailed without re-en-
actment by the States of the laws by which
they forbade, the sale of intoxicating
liquors within their boundaries. whether
imported from other States or not.
IMPORTANT TO NATIONAL BANKS.
In the case of the First National Bank of
Buffalo the court rendered q decision free
ing the directors from blame for the banks
failure. This case settles q matter of i'm
%portance to national banks. The bank
failed and passed into the hands of a re-
ceiver, who sued the directors for allowing
the president of the bank to contract some
loans that resulted disastrously. The court
holds that directors of national banks are
not Obliged to exercise more than the super
vision usually expected of them, and that
they are therefore not liable for the fail
ure of the bank because they did not super
wise the action of the president in making
the loans.
Justice Harlan handed down an opinion
of the court in the case of Ward McAllis-
ter. j., who was appointed United States
district judge for Alaska by President
Arthur. and whom President Cleveland
suspended from Office before McAllisters
term had expired. Judge McAllister claimed
salary from the date of his suspension I'M
til the day his successor was commissioned,
but the court holds that the statute under
which he was appointed forbids the allow
ance of the claim. A similar decision was
rendered in the case of samuel c. Wingard,
who was also suspended from the office of
district judge of Washington Territory by
President Cleveland.
The court to-day entered a ina decree In
the cases of the late corporation 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 deciding how the contiscated property
should be divided, but as no action was
taken by Congress the court affirmed, with
notifications. the decree of the Supreme
Court of Utah providing that the Mormon
church property be devoted to such oharit-
able uses. lawful in their character. as
may most nearly correspond to those
to which it was originally destined, to be
ascertained and defined. unless Congress
should otherwise order, by reference to q
master for due examination and report,
subject to the approval of the court. The
Supreme Court of Utah was directed to
modify the decree accordingly. The court
agreed to this ruling by a vote of 5 to A.
Justices Harlan. Gray. Brewer and Brown
dissenting.
Justice Gray rendered the decision of the
court in the case of Clara L. Botsford, who
was injured in a Union Pacific railway car
and was awarded damages. In its decision
the court held that the lady was not
obliged to submit to q physical examipa-
ton by the company's physicians to ascer-
tain her injuries. Such an examination,
the court decided. would be an invasion of
the %sanctity of the person, had no founda-
tion in law, and had never been recognized
in this country. Justices Brewer and
Brown dissented.
The court, through Justice Bradley. rem
dered judgments against the State of Ken
lucky, in the suit by Crutcher, agent of the
United States Express Company. who
claimed that the law of the State imposing
q license tax on express companies was vio-
lative of the interstate clause of the federal
Constitution.
The court also held that the Virginia law
requiring inspection. for which fees were
charged, of -four manufactured outside the
State when sold within the State. to b.
contrary to the federal Constitution.
In the case of the Chicago DistillingC Com
pany against Stone. internal revenue col
lector, Justice Bradley delivered an opin-
ION In fov, ~ thu d.at..w