Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-06-09
snnrame-Conrt COMMONS.

Supreme-Court Opinions.
We might soy that tho SupremeCourt of
the United States Is in condition some
what similar to that Of the Kings Bench
in England after the Revolution OF 1858.
The latter tribunal was compelled OF
course to make Its decisions conform TO
the facts. and therefore to take q new de-
parture and TO give for such decisions rea-
sons which up TO that time had never been
heard from the bench of that ancient ana
honorable court of worldwide fame. 80
now the Supreme Court of the United
States is compelled to examine the foun-
dations Of our Government. and make de-
cisions and give reasons therefor, whlch
decisions and reasons would have been
secuted by tho trainers OF the Consutu-
ton. which provides for that tribunal.
And whilst the Supreme Court is blazing
this new path. the people Of the United
States should watch that tribunal with
sleepless eye and see that It does not turn
either to the right or TO the left unless for
good reasons.
The decision in the origInal-package case
is hardly as important as the opinion OF
the court. We are sure that our readers
must find the latter as interesting as II Is
important end as important as 1t Is far-
reaching. The decision was agreed 10
unanimously by the justices and was read
by Chief-Justice FULLER The opinion
was dissented from in some particulars by
three Of the justices. We are not deeply
interested in the original-package case IL
self; but we are, all of us, profoundly con-
cerned in the teachings Of the highest Judi
cial tribunal in the world.
The decision was that the law passed by
the last Congress was valid and constitu-
tionaI, and that it went into effect IN all
States where prohibitory laws prevailed
without reenactment by the States OF the
laws by which they forbade the sale OF IN
toxicating liquors within their boundaries
whether imported from other States or
not. 1t comedies the right of the several
States to pass prohibitory laws, Congress
having granted permission, and says that
such laws already on the statute-book OF
a State are good laws, though passed at
time when the State had no right to pass
such laws. The act of Congress impaired
life TO them. Now, we will quote some
striking paragraphs.
"The power Of the State to impose restrain
and burdens upon persons and property In pro-
motion Of the public health, good order, ana
prosperity is power always belonging to the
States, not surrendered by them 10 the General
Government nor directly restrained by the Con-
stitution Of the United States, and essentially
exclusive.
"The power Of Congress to regulate commerce
among the several States when the subjects are
national in their nature, is also exclusive. The
Constitution does not provide that interstate
commerce shall be free, but by the grant of this
exclusive power TO regulate II, 1t was left nee
except as Congress might undertake TO regulate
il.
Intoxicating liquors are undoubtedly subjects
Of commerce like any other commodity and are
80 recognized, butnevertheless 1t has been often
held that laws prohibiting the manufacture and
sale of liquor within State limits does not neces-
sarily infringe any constitutional privilege or
immunity, this right being rested, as in the
Mugler case, upon the acknowledged right OF the
States 10 control their purely internal affairs,
and in 30 doing TO protect the health, morals,
and safety OF their people by regulations that
Government.
"The present case arises upon tho theory OF
repugnancy between the state law and the inter-
state commerce clause Of the Constitution, and
involves q distinction between the commercial
power and the police power, which, though
quite distinguished when they do not approach
each other, are sometimes, like the colors, 80
nearly allied as 10 perplex the understanding, as
the colors do the vision.
sThe Iowa laws, held 10 be unconstitutional
In the Leisy Original-package case, were enacted
II the exercise Of the States police power and
not at all as regulations Of interstate commerce;
but as It amounted in effect TO regulation OF
such commerce it was held that so long as Con-
gress did not pass any law TO regulate specifically
the traffic between the States In intoxicating
liquors, or act in such way as TO allow State laws
TO operate upon It, Congress thereby Indicated
its will that such commerce should be free and
untrammelled, and therefore that the
laws of Iowa we're imperative In 80
far as they amounted TO regulations
of foreign or interstate commerce in inhibiting
the reception Of such articles within the State or
their sale upon arrival In the form In which inn
ported. It followed as a corollary that when Con-
gress acted at all the result of its action must be
TO operate rs u ToStldlhb npVh ehNb
dom which its silence insured. Congress has
NOW spoken and declared thai imported liquors
shall upon arrival In State fan within the cate
CORY OF domestic articles Of similar nature.
ais that law open 10 constitutional objections
BY the Constitution, Section 10, Article 1, GER
tain powers are enumerated which the States are
forbidden TO exercise In any event, and also
certain powers which may be exercised with the
consent Of Congress II rs earnestly contended
that the original-package act, as a regulation OF
commerce, falls within the powers which the
States are forbidden 20 exercise, and that the
Constitution guarantees freedom OF commerce
among the states in al things, and that not only
may intoxicating liquors be imported from one
State into another without being subject TO regu-
lation under the laws Of the latter but that Con-
gress Is powerless 10 obviate that result
"Thus the grant to the General Government Of
a power designed TO prevent embarrassing re-
strictions upon interstate commerce by any
State would be made to forbid any restraint
whatever. The Court does not concur in this
view. In surrendering their own power over exc
ternal commerce the States did not secure abso-
Int freedom In such commerce, but only the
protection from encroachment afforded by con-
nding its regulation exclusively 10 Congress-"
Enough for to-day.
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Silver.
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