The times. [volume] (Richmond, Va.) 1890-1903, 1896-04-30
THE MAUPIN LAW SUSTAINED
lContlnued prom FIrst Pagel.

law which stubiishes ana enforces the
duties OF citizens 10 each other, IS en-
braced within, and Is known as the police
| mower. In IL is 10 be found says black
stone a Com. I52) the ''due regulation agd
domestic order Of the kingdom. whereby
the inhabitants OF state. Ike members
| OF n vell-governed family. are bound TO
conform their general behavior TO the
| rules OF propriety. good neighborhood. and
good morals, and 10 be decent, indus
trlous. and inoffensive ia their respective
| stations" The professed object or ali
government Is to promote the general wei
| fare and II cannot be denied that the sub
iects enumerated in.the above extract are
| of prlme Importance. not only 10 the
welfare and happiness or men, but are es-
| genital 10 their very existence In state
Of civilized society The object OF the
law Is the suppression OF gambling IN us
most attractive, seductive, aid, therefore,
the most dangerous OF It's many torn,s,
| That gaming Is q vice which' II Is
rtnht md duty OF a State 10 forbid, IN
az. soocre nenalties. is recognized. think
~, ,ho codes OF every state In the Union,
| a. -ot t1~eed. by those or all ciFii'%eN
- right - lesislate upon the suoJeV,
- t,axtcottng liquors Is acknOWIed6eN
hy eyery one, and is founded upon Wv
| a., ,bat their use III excessive quaD.'
| ties leads. I'm large masses OF cases, "
| crime poverty, and enormous snhetn's'
and hears most harmfuliy upon the SUI
| 81 happiness Of the human race "
| - 10 lotteries in general. - "teS-
lesal .5 c,,stom OF indulgence in the pur-
cbaer~of tickets leads. among the poor
ci"sses certainly. and also among otneIs,
=, hsbits of recklesGness, vast ar
! tS1onoss. n cultiyates gambling spH"
ia tcrds TO a hatred OF honest iaDoi,
and 10 a desire 10 obtain r!cnes or noD's
n.itbo1,t The necessary expenditure ol
Industrious energy feopie v "'aS''
| 100 y. Y. 40i. ,hep
| +o Ia In the performance OF the opNs@-
tlon which rests upon the General no
senblv Of Virginia 10 pass laws 10 suI
| press a recognized vice. 1here Is
| question that the police power must ~
evercis.d in subordinauon TO the Con-
stit,tion Of the state. and a fort!ori ti,at
n must not be IN cOntr0ycntion OF lnc
| Conetitution Of the United States. No"
az the proper discharge OF the functions
| ana duties entrusted 90 the national anu
state Governments Is necessary 10 We
b,cbes, efficacy Of both, IL follows that
/ I'm tho DEVELOPMENT and growth OF the
Two svstems thus blended and interviewer
| and operating directly, each by It's own
force ,,pon the same individuals, wisdom
| and prudence must prevail IN order tiia'
/ the happiest and best results may "e
| achieved. -..,, ...r,
"a bo no reason why any antagonish
or conflicts should result from the eXer-
cise within their appointed limits OF the
| mower on the part Of Congress to rogu-
| late commerce among the states ana me
duty OF the State TO suppress recognize
ofYeuce against good morals. There can
| be none unless the transmission OF money
or other thing Of value 20 lie bet on Il
| race TO take piaCe beyond the limits oi
the state be a subject or commerce
| which Is entitled to shelter Itself uhpei
the aesris OF the Constitution OF the
| United States, and invoke for It's protec-
| ton the power 10 regulate commerce WIN
which Congress was clothed. 10 the end
| that legitimate Intercourse between the
states might forever remain free and uh-
fettered.
In Cohens v Virginia "a case. by the
way. In which a lottery established 10y
the Congress Of the United states sought
to set AT naught a law Of the state OF
Virginia. which forbade the sale Of lot
/ terry tickets within her bordersl' II was
| said by Chief Justice Marshall:
a State, where they are not levelicd
against the legitimate powers OF the
Union. but have for their sole object
the internal government OF the country
IL a very serious measure, which Con-
gress cannot be supposed 10 adopt Hgnt-
H. or inconsiderateiy. The motives Tor
IL must be serious and we!ghty. il
would be taken deliberately. and the
intention would be clearly and unequivo'
| cailv expressed" Wheaton. ia3
The same spirit happily animates the
Supreme Court OF the United States.
IL fully recognizes the difficulty often
times presented of securing harmonious
operation 70 the Just and necessary
powers Of the Federal and state Govern
ment. and with none OF the provisions
Of the Federal Constitution IS there more
frequart opportunity FOR interference
and conflict than under the commerce
clause Of the one and the police power
OF the other. The great truth must be
recognized that the government OF our
people I'm this country consists OF an
"indisso.uble union Of iudestructible
states" and that as a consequence II
IS as much the duty Of every department.
OF the Government Of the United States
10 preserve In their full and unimDaircd
vlgor those powers which in the distribu-
served 10 the States as 10 cherish and
foster the growth and expansion TO their
conditions OF highest usefulness those
functions and duties which We're conhded
10 the Federal Government. Though the
power OF Congress is held TO be exclusive
in its nature and 10 embrace not only
the subjects of commerce but all the
agencies and instrumentaiiuos by which
that commerce IS % be carried on, We
find the Supreme Court readily conced-
Ing in . number OF instances the free
exercise Of the police power Of the state
though incidentally 10 might have me
effect Of interfering with, or 10 some eX-
tent regulating interstate commerce.
For Instances Of this sort see cases cited
in r. and 4 r. L. Co. VS. Patterson
Tobacco Company, decided at this term
and Com. VS. Meyers. at tile January
term Of this court. In the latter case
it is said that the right Of the State
to impose license tax upon peddlers,
where IL operates uniformly upon all
citizens and does not discriminate ~
favor of citizens Of Virginia as against
citizens Of other states, or where the tax
imposed is IN the exercise or the police
power and is not i regulation Of com
merce under cove- Of that power, al
though incidentally IL may have that
effect, has been uniformly maintained;
but whore any injurious discrimination
is discovered in favor Of the resident
as against the nonresident or with re-
spect TO the sales OF articles manufac-
tursd IN this state over similar articles
manufactured abroad, the State laws are
declared 10 S1e void as repugnant 70 the
Constitution Of the United States"
Since that case was decided / have
further investigated the authorities on