The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1894-10-16

TIC order, health n morals, demands
restriction or prohibition OF the sale OF
intoxicating liquors Is q question Pc
culiarly appertaining TO the Legisla-
lures of the several States, and to be
determined by them upon their own
views of public policy, taking into SON
sideration the needs, the education,
the habits and the usages Of people OF
various and origin; and living in re-
gions far apart, and widely differing in
climate and In physical characteristics.
The local option laws Grsvailing In
many of the States indicate the judy
ment of as many Legislatures, that the
sale OF Intoxicating liquors does not
admit OF regulation by a uniform rule
over so large an area as o single State.
much less over the area Of a conti-
net"
1t Is manifest that the regulation of
the sale, as OF the manufacture of such
liquors, manufactured in one State 20
be stored in another, is a subject which
far from requiring hardly admits of q
uniform system or plan throughout the
United States. 1t is in its very nature
not national, but local. and must. in
order to be either reasonable or effec-
tive, conformed to the local policy and
legislation concerning the State or the
manufacture of intoxicating liquors
generally. Congress cannot regulate
this subject because that power has
not been conceded to Congress and re-
mains in the several States nor under
the commercial power without either
prescribing a general rule unsuited TO
the nature and requirements of the
subjects, or else departing from that
uniformity Of regulation which. as de-
clared by this our in Kidd VS.. Pier
son., it was the object of the CONNER
cial clause of the constitution to Sc
cure, but IN intention is not likely to
be imputed to the trainers OF the con
stitution or to the Congress Of the
United States to subordinate the pro-
lection of the safety, health and morals
OF the people to the promotion Of trade
and commerce.
Again, "The statutes in question
we're enacted by the State of Ohio in
the exercise of the %undoubted power
to protect it's inhabitants against the
evils, physical, moral and social, at
tending the free use of Intoxicating
liquors. They are aimed at interstate
commerce., they have no relation TIC
the movement of goods from one State
to another, but operate only on intoxi,
eating liquors within the territorial
limits of the State. They include al
such liquors without discriminat ion,
and do not even mention where they
are made or whence they came. They
affect commerce much more remotely
and Indirectly than laws Of O State
1.-THE validity Of which is unquestioned
authorizing the erection of bridges and
dams across navigable waters within
the limits, which wholly Obtruct the
course Of commerce and navigation
or than quarantine laws, which operate
directly upon all ships and merchan'
disc coming into the ports of the
State"
The intention of Congress- was tc
deprive liquor of its national character
as u subject Of commerce, make il
local in it's nature, and subjects to the
police power of the State until Con,
gress sees fit to legislate upon it. II
was the intention of Congress to sub
ordinate the commercial power Of the
national government to the police
power of the State on the subject OF
liquor.
Such being the reasons that actuated
Congress in passing the act Of 1890 we
cannot think that in the absence OF
a plain expression, that Congress in
tended to subordinate only q part Of its
Of the State on this subject, but on the
contrary that the sale as we'll as the
conditions upon which the liquor
should Oe transported after it was in
troduced into the territorial limits OF
the State should be left to State legis-
lation. To give u different construc.
ton to- the act would subject liquor to
two powers-the commercial and po-
lie within the territorial limits Of
the State. We cannot think this was
tho intention Of Congress when it dc.
priv cd it of it nation character.