Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1913-08-19
Judge Hunters Opinion.

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Judge Hunters Opinion.
Editor Courier: desire to write
briefly touching the opinion filed by
Judge F. NJ. Hunter last week in the
liquor case against the U. 8. Express
Co.
The Judge has given an elaborate
and careful prepared opinion, and to
the general public, the great mass OF
readers, beyond doubt 1t comes with
great convincing force. Especially
since he cites as In harmony with his
views, President Taft, his attorney
general, and many Of the most dis
tinguished lawyers of the country.
The questions of fact in the case he
does not controvert. He decides the
case solely on the constitutionalfty Of
the recent U. s. statute known as the
Webb.Kenyon law. He and the opin-
ions OF the distinguished gentlemen he
cites, hold that law as violating the
federal constitution and therefore
void. On this point alone he finds
for the defendant
The Judge does not cite that con-
gress passed law overthrowing the
veto Of the president by two-thirds
vote. So he and I, while differ with
him. must both have pretty good COM
pany with us in our opinions.
But all that is of very small moment
1t only tends to show clearly that we
must both be treated, in the discus
sion of the question, as acting con-
scientiously in our varied views of the
subject. In this view alone criticise
the correctness of the judges opinion.
The real issue is: What is the truth
and the law in interpreting the federal
constitution as applied to the case at
bar?
Two propositions are conceded.
First: Congress has full and complete
power to regulate commerce between
the states. Second: The state has
full and complete power to make and
execute its own police regulations.
The one is power delegated under
the constitution to the national govern
ment; the other a power. reserved to
the states. These intertwined sources
of power in our national formation,
have always been a source of vexa-
ton I think it is not too much to
say that this feature is the weakest
point in our organic law. For in
stance: It is a reserved right to the
state to have it's own railroad commits
sion and regulate rates within the
state, and the national board regulat-
ing the through rates comes along and
these two rate making
boards will find necessity for har-
rates to fit the circumstances.
Should the national board yield some
thing in its regulations to fit circum.
stances, would 1t be delegation OF
power to the statef
This vital all controlling fact must
pertain in every case in constituting
the federal constitution. That instru-
ment demands that the national gov
eminent shall preserve to the state
its reserved rights with the same care
and fidelity hat 1t executes the powers
delegated to it.
1t is just as obligatory under the
eral constitution upon congress to pre-
serve freedom OF action to the state
in the execution Of it's reserved powers
as it is to demand freedom of action
In the execution of it's delegated pow
ers. They must be made to harmon
lie. II in any given case they irremedi-
ably conflict admit the right Of the
federal authority is supreme.
Now, the state finds it difficult to
execute it's police laws against illegal
traffic and liquors, If 1t cannot reach
the liquor until it Is hidden in some
secret out Of the way place, as was
the acknowledged fact in this case.
rights to execute its own
police laws. This obstruction arises
because of the constitutional right Of
control in congress over interstate
traffic, which as a general rule holds
good until the goods reach the con-
signee.
Now, congress, in the Webb-Kenyon
law, simply removes this obstruction
to the execution of the states police
laws touching the traffic In liquor.
Congress does this under its delegated
authority to regulate interstate COM
merce just as it does any other act
under that authority and congress does
1t In obedience to constitutional duty
devolving upon it to preserve to the
state its right to make and execute its
police laws without obstruction Incl
dentally pertaining to the general
rules governing interstate commerce.
1t is simply an exercise Of its power
to regulate commerce to fit the states
where certain temperance laws pre-
vail. Congress surrenders no power
under the Webb-Kenyon bill; it dele
gates no power. 1t rather emphasizes
the entire control Of congress over in
terstate commerce to the end that 1t
may harmonic state and national
authority, as congress is under the
supremest obligation to do.
It may seem presumptuous in an
humble citizen criticising men Of so
high standing as appear in this case,
touching constitutional law. but l have
always relied for fnality upon my
own careful, conscientious Judgment,
over, against and in spite Of all the
opinions and dogmas of all the ages.
A. H. Hamilton.
MILTON SCHOOL ~
AnnC . C0TIPCFC