New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-10-03
STATE ItJVS ~ FEDERAL COTRTS.

STATE LAWS ~ FEDERAL COURTS.
4 decision jusr handed down by Judge IIor-
ace H. LurtOn in tho United States Circuit
Court for the Sixth Federal Circuit, calls at
tcution TO a new phase of the never-cnding
struggle on the part Of individual States to
frame and enforce legislation plainly in conflict
with the provisions o; the Federal Constitution.
Tennessee happens to be the latest Common
wealth to invite conflict Of this sort with Fed
crai authority and her offence has been the
common one Of attempting to usurp the purely
Federal prcrogatlve of controlling and rcgula;-
ing Interstate commerce. Several American
States have tried the wcll-wOrn experiment OF
prohibiting by local cnactments the impor'a-
ton or sale within their borders Of articles. like
intoxicating LIQUORS which enter into the ordi-
nary volume Of commerce between the different
Federal units But save in those cases in which
Congress has specifically forbidden such traffic
as a violation Of the States inherent police
powers local inhibitions have been altogether
powerless to stop that trade in liquors in the
original package which Is clearly protected I'M
der every established Interpretation of the Con-
situations interstate commerce clause.
Tennessee might. indeed. have taken a lesson
from the ncishboring Commonwealth of South
4
importation of liquors into the State except
through the channels of the State Dispcnsary
monopoly have 10 grief successfully
through the overriding Interference Of the Fed
eral courts. Yet. not TO be deferred by near
by an example Of the futility of an invasion Of
Federal guarantees. the Legislature Of Tennes
see undertook at recent session to renew the
old challenge to Federal intervention by passing
State law violating even more hagrantIy than
! Governor Tillmans Dispensary legislation the
right to unrestricted commerce across State
| lines which the Federal Government has estab
! lished as its fixed domestic policy
! Cigarettes, not liquors. were the articles of
! commerce which the Tennessee lawmakers
| sought to exclude from entry within the States
| borders and it WIS made n misdemeanor to sell
cigarettes or cigarette paper, or to bring them
into the Commonwealth for the purpose of sell
iny them The American Tobacco Company
whose business was attacked by the new law
promptly brought a suit in the Federal courts 10
test its validity. and in the opinion just handed
down by Judge Lurton the uncOnstitutonality
of the Cigarette act Is emphatically demonstrate
ed. Cigarettes being recognized by the Federal
Government as legitimate subject-mattcr OF
commerce. Judge Lur;On declares that their I'M
portation into Tennessee in original packages
cannot be restricted by State authority. and The
prohibitions OF the disputed statute arc there
fore dismissed as null and void. because Of 'heir
repugnance TO the commerce clauses of the Ma
tjonal Constitution II reach this conclusion
without any hesitation" the Judge adds. al
Though reluctant to strike down statute
aimed at the suppression Of an evil OF most
pronounced chalacte
Tennessees experiment with cigarette legls-