New-York tribune., 1907-06-25

The power Of prohibition has never been sustained
except against articles noxious or dangerous in
themselves. II Is not possible 10 find even sug-
gestion that in respect 10 natural products which
are prime necessities Congress prohibit COM
Inerce in them between the states in order to en-
force its conception Of what would be n wise police
regulation OF a state.
It was held that lottery tickets subjects Of
traffic and their carriage by independent carriers
from one state to another is Interstate commerce.
which Congress may prohibit under its power 10
regulate commerce among the several states, but
this specifically placed upon the character of
the business. The court said. through MI Justice
Harlan: 1T is a kind traffic which can
be entitled TO pursue as of right
The court also said:
The power OF Congress 10 regulate COM
he deemed arbitrary, since it Is subject to such
fBs power theFeoe may not S ' be
exercised so as TO infringe rights secured pro-
tected by that instrument.
The right TO regulate their domestic affairs is
secured and protected" the states by the Tenth
Amendment. reservng TO the states respectively.
Ia the people. the powers not delegated to the
United States
In Gibbons agt. Ogden GO Wheat. iii the court
said. with regard 20 the right of intercourse be-
tween state and state that that right was derived
not from the Constitution. but from those laws
whose authority is acknowledged by civilized man
throughout the world" Under the articles of con-
federation the states might have nterdcted inter
state trade, yet when they surrendered the power
10 deal with commerce between themselves to
the general government 1t was undoubtedly IN
der TO form a more perfect union by freeing such
commerce from state discrimination. and not to
transfer the power OF restriction.
In Dooly agt. United States QS3 u s., I'D the
four dissenting justces correctly said
But If that power OF regulation is absolutely un-
restricted as respects interstate commerce. then
the very unity the Constitution was framed to Sc .
cure can be set at naught by legislative BODY
created by that instrument"
CONGRESS MAY CLOSE CHANNELS.
The sum of the matter, then is this. For tba
purpose or protecting commerce Congress NAV
close Its channels to those who are njur,ous1,r
tecting IT. but for the purpose of enforcinq more
enHghtehed policy in respect TO matters not vtoin
ule Jurisoictlon OF Congress II has no such noIsr
congress may employ such means as II cboos.s
10 accomplish that which is within its mower 1nt
the end TO be accomplished must be within tha
scope OF It's constitutional powers The legislative
oIscteuoh extends to the and moi ~ the
ends TO be accomplished by use of the rnaan, ~
IN a word, I do take issue with ,ba ,,r..
uon mat Congress may prohibit transportation h,t
say the prohibition must have for its end The
regulation OF interstate commerce and NOT sona
tnlng dehors the Federal power
IN a recent case the Supreme Court Of tb. rr,,,.,
states through the Chief Justice speal.inp ~ ~
guage: USES TINS IAN
~ eannot be denied that the power of a state m
pao.ect lhe hves. health and property of its citi
! ~e's ana 10 preHSrve good nrder and the nuhl.c