The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1895-03-05
DECISION Of JUDGE HUGHES.
He Rules in Favor Of 0Ieomarga-
rine.
HE CALLS 1T VALUABLE FOOD

the Lower Court. Resume of
the Judges Strongly
Worded Opinion.
Several days ago G. A. j. Scott and
VIM. Mclean were arrested and car
tied before Justice Burroughs, charged
with violating the Virginia olGomarga.
zine law. The case was argued by
counsel and Justice Burroughs, after
due consideration, rendered his opln
ion, holding the arrest of the persons
before him proper and sent them on 10
the grand jury.
Alessrs. G. A. j. Scott nnd VIM. Nc
Lean refused to give bond for their ap-
pearnnce and were delivered TO the
Sheriff for safe keeping.
Upon application of Mir. w. II.
White. counsel, writ of bGbeas cor
pus was issued by Judge Hughes, of
the United States District Court. The
pIisoners were carried before hIm and
he delivered his opinion Yesterday,
discharging Messrs. scott and Mclean
aud virtually reversing Justice Bur
ronghs Ut every point Of the contro.
versy.
THE JCnGr's OPINION.
uuubo IIHRucS sulu.
Tho petitioners are uuder arrest for
trading in an article of commetce
brought from another State. Their
business would go to rnln if they bc
required to await ell tho proceedings
III tue State courts iuciuent TO appeal
and to renching final adjudication of
their rights in the Stuto court of final
resort This fact mukes these cnsea,
cases of emergency demanding immo
diato action by this court. 1t was in
tins view that directed these wrlts oi
hahens corpus TO he Issued"
"Ibc question iii these cnses was be.
fore me III the case of ex parte Rebman,
five years ago, 1 Federal Reporter.
SGi. Then the Stete Of Virginia bad
Insscd inw which, stripped OF It's
yerbiuGe, WIS in essence and purpose IL
law for bidding the sale III his State OF
meats from animals slaughtered in
other Stntes. This law WAS held by me
TO he obnoxious TO The provisions of
the National Constitution giving to
Congress the exclusive power of regu.
latIng commerce between the States. a
dealer IN Norfolk III canned muu pre-
pared meats had been arrested. tried
and imprisoned for violation of this
meat law OF the state.
EEBMAN'S CASE,
"Upon writ OF habens corpus and
after IA full hearing | released Rrbmnn.
The case was appealed to the Supreme
Court of tho United States ana was
there accorded privileged Learing.
W Nhereupon that court uunnimousiv AZ
titmed tie declsion here (Brimmer vs..
Rebman, 13S [. s., 7S).
Judge Hughes then stated his views
IN regard to the exclusive powers of
Congress to regulate commerce among
the States. In reference to Health
Laws" he snid:
"lt is undeniablo that State of this
Union, Ike all other sci! governing
States, has the power to enact health
laws for the public safety. 1t has us
existence. 1t mny enact and enforce
health laws adopted to secure the pub
lie safety, even though they treucn
upon, aud more or less obstruct, the
freedom Of trade between the States.
1t N equally true, however. that health
laws, 10 be within the sovereign pre-.
rogaiive of the State and to stand
supreme TO the cardinal provisions OF
the national constitution, must he es SEN
TALLY, ana really such III character, par
pose and operation, and to call IL law o.
health law does not make 1t Que compe-
tent TO override any teuets of constitu.
Iloual law.
MIST BE \ REsoSABLE LAW.
at must bo n health law in spirit
and i'll truth. 1t must be reasonable
law, properly devised for preventing
the evil ut which II is aimed; so devised
us to. no more than TO eiiectuate that
purpose and is not TO subserve other
objects not essential to pubic safety.
'When health laws are ubnsed for
the Inter ends and thereby effect trade
between the States obstrnrtN ely or III
luriOusly 1t Is competent for the Ma
tionnl Courts TO decide. 1t Ia declared
10 he onr solemn duty to pronounce
them invalid and to forbid their en-
1orcement.
"Ihe Rehman case is on all fours with
the two now under consideration.
Judge Hughes then discussed at
length the net Of March the 1st. 1892,
entitled ian act TO preventive ndulteru.
t!on Of butter and cheese, and sale of
same, and TO preserve tho public
hnnIth -