Evening journal., 1891-05-26
ORIGINAL PACKAGE LAW.
The Supreme Court Hands
Down It's Latest Decision. .
THE NEW ACT IS CONSTITUTIONAL
The Kansas Authorities Have won In q
Preliminary skirmish and the Coura
Holds That Liquors Can Be shut Our
of the Grasshopper state.

hpAnh Ahhh Liquors SAn te smut Ou&
of the Grasshopper state.
WASHINGTON, May 26 The supreme
court OF the United States has adjourned
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 do
cided was that OF John NJ Wilkerson,
sheriff Of Shawnee county, Kan, against
Charles H. Rohrer This is one of the
original package cases, and it came to the
supreme court on an appeal from the Kan
sas United States circuit court Rohrer
was the agent at Topeka, Kan, for Kan
sas City MOI liquor firm. Last year he
offered for sale beer and whisky in origi
nal packages. Rohrer was arrested foE
violating the Kansas prohibition law, bus
the United States circuit court for Kansas
released him on a writ Of habeas corpus.
Temporary Victory for Kansas.
The Kansas authorities then brought
| the case to the supreme court on an ap-
| peal The court reverses the circuit courts
/ decree and remands the cause for further
/ proceedings Chief Justice Fuller, who
| read the opinion, reviewed at length legai
! opinions bearing on the jurisdiction Of
congress over the states, and referring to
the original package law passed by con-
| gress last year. asks the question:
u the Law Constitntionaig
"Is the law open to constitutional OBJ
iectionY In considering this query
the chief justice said that by the first
clause OF section 10 Of article 1 Of the
constitution certain powers are enumer-
ated which the states are forbidden to ex-
ercise IN any event, and by clause GER
tain others. which may be exercised with
the consent of congress As to those in
the first clause, congress cannot relieve
from the positive restriction imposed. Az
TO those in the second, their exercise may
be authorized, and they include the cob
lection OF the revenue from imposts aud
duties on imports and exports by state
enactments, subject TO the control Of CON
gress, and a tonnage duty TO the exaction
OF which only the consent Of congress is
required.
what Congress Gould Not DO.
Beyond this congress was not empow-
/ cred to enable the state to 20 in this
, direction Nor could congress transfer
/ legislative powers TO a state nor sanction
q state law in violation OF the constitu-
tion; aud If it can adopt a state law IS its
! own it must be one that it would be com
5 petent itself to enact, and not a law passed
: in the exercise Of the police power.
r IN surrendering their own power over
4 external commerce the United States did
! not secure absolute freedom in such com
4 merce, but only the protection from en-
a croaehment afforded by contiding its regu-
4 lation exclusively to congress. BY the
Z adoption Of the constitution the ability Of
a the 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 ta
!. any state OF the right TO demand, as be-
! tween II and the others, what it could not
a have obtained before, while the object was
I undoubtedly sought 20 be attained Of pre-
4 venting commercial relations partial i'm
v their character or contrary to the common
s interests
y No Salary for BIcAllister, Jr.
o Justice Harlan handed down an opinion
It OF the court ia the case Of Ward McAliis-
IS ter, Jr., who was appointed United States
o district Judge for Alaska by President Ar
:, thur and whom President Cleveland sus-
It pended from Office before McAllister's term
d had expired. Judge McAllister claimed
il salary from the date Of his suspension until
but the court claims that the statute under
which he was appointed forbids the allow
e ance Of the claim.
A similar decision was rendered in the
IS case of Samuel c. Wingard, who was alse
suspended from the Office of district judge
i OF Washington Territory by President
y Cleveland.
y An Important banking Decision.
In the case Of the First National bank "a
Buffalo, NJ ", the court rendered a decis-
y ion freeing the directors from the blame
!. Of the banks failure. The bank failed and
passed into the hands of a receiver, who
sued the directors for allowing the presl-
dent Of the bank to contract some loans
that resulted disastrously. The court
holds that directors OF national banks are
u not obliged to exercise more than the su.
4 pervision usually expected Of them.
4 The Mormon Case.
4 The court entered a final decree in the
u cases OF the late corporation Of the church
n Of Jesus Christ Of Latter Day Saints, Rom
y ney and others, against the United States
n The decree in this case, which involves
a. the disposition Of property held by tbs
n Mormon church, was entered last term "a
a give congress an opportunity Of deciding
X how the confscated property should b
applied, but as no congressional actioH
was taken, the court has affirmed, with
notifications the decree Of the supreme
ar court of Utah providing that the Mormoz
IN church property be devoted to such charita
N BILE uses, lawful in their character, as MAJ
y most nearly correspond to those to which
TO it was originally destined, to be ascertainet
ID and defined, unless congress should other
le wise order, by reference to a master fol
" due examination and report subject Il
n the approval of the court. The supreml
to court Of Utah was directed to modify thi
n decree accordingly. The court agreed {.
IS, this ruling by vote Of TO 4-Justice
Harlan, Gray, Brewer and Brown dis
senting.
The Law Upheld.
Y, The above may seem somewhat obscur
su to the mind Of a layman, but in effect th
a. court upholds the constitutionality Of th
ne original package law passed by congress
le and declares that it was not necessary 70
~ the state of Kansas to re-enAct its prohih
~ itory law after the passage Of the congrea
ne sional act in order to shut out liquors i
= original packages.