Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1913-08-09

oral argument, counsel earnestly and
ably presented and pressed their re-
spective claims, and clearly analysed
and explained the principal authorities
cited on each side.
OF course more can not be expected
than q statement of conclusion to.
gether with a general statement of the
general principles on which they are
based. The "Webb-Kenyon" law is as
follows:
T. THAT the shipment or t%ransporta.
ton, in any manner or by any means
whatsoever, of any spirituous, vinous,
matted, fermented, or other intoxicat-
ing liquors of any kind, from one state,
territory or district of the United
States, or place noncontiguous to but
subject to the jurisdiction thereof, into
any other state, territory, or district
Of the United States, or place noncon-
tiguous to but subject to the jurisdic-
Ition thereof, or from any foreign coun-
try into any state, territory or district
of the United States, or place noncon.
,tiguous to but subject to the jur1sdlc-
ton thereof, which said spirituous,
~vinous, matted, fermented, or other in
toxicating liquors is intended by any
person interested therein, to be re-
lceived, possessed, sold, or in any man.
ner used, either in the original pack
| age or otherwise. in violation of any
law of such state, territory, or district
Of the United States, or place noncon-
tiguous to but subject to the jurisdic'
ton thereof, is hereby prohibited.
Section 2419, Of the code Of Iowa, is
above set out.
The principal reason assigned why
the law is unconstitutional in the re-
spect claimed, is that by It congress
delegates t. the states certain powers
over interstate commerce, that belongs
exclusively to. congress, which 1t can
not avoid, or constitutionally delegate
to the states; that is, while congress Is
by constitution, clothed with powers
over interstate commerce, 1t is a
power, it is bound to exercise and one
which cannot be by it, constitutionally,
delegated to the states, as has been at
tempted by this act.
When the act was first passed, Presl-
dent Taft vetoed It, on the grounds
that it was unconstitutional for the
reasons above suggested. President
Taft had for several years, served
upon the bench of the United States
circuit court of appeals for the sixth
circuit, and was, by the bench n bar
Of this entire country recognized as a
lawyer and jurist Of great ability. ne
then passed upon many constitutional
and legal questions Of great import
ance, which are today, cited by law.
yers and approved by Judges In all
Jurisdictions as correct determinations
Of the questions involved. He made an
exhaustive examination and citation OF
the leading authorities in his veto
message to congress, analysed them,
and in his message, which is a very
clear and able state paper. said:
After giving this proposed enact
ment full consideration I believe 1T to
be a violation of the interstate com
merce clause of the constitution, IN
THAT it is, in substance and. effect q
delegation by congress to the states OF
the power Of regulating interstate
commerce in liquors which Is vested
exclusively in congress"
zone OF the main purposes OF the
tunion Of the states under the consti-
tuition was to relieve the commerce
between the states Of the burdens
which local state jealousles and pur-
poses had in the past imposed upon
lit; and the Interstate commerce. clause
in the constitution was one Of the CHIEF
reasons for its adoption. The power
was there conferred upon congress.
Now, II to the discretion of congress is
committed the question whether In in
terstate commerce We shall return 10
the old methods prevailing before the
constitution or not, 1t would seem TO
be comforting upon congress the power
to amend the constitution by ignoring
or striking out one~of its most I'M
portant provisions. 1t was certainly
Intended by that clause to secure uni
formity in the regulation of commerce
between the states. To suspend that
purpose and to permit the states to
exercise their, old authority before they
became states, to interfere with com
merce between them and their neigh
/ bus is to defeat the constitutional pur-
pose" -:
IF congress, however, may in addi-
ton entirely suspend the operation OF
the interstate commerce clause upon
a lawful subject Of Interstate com
MERGE and turn the regulation Of inter
state commerce over to the states in
respect to it, 1t is diff cult to see how
It may not suspend interstate com
MERGE in respect to every subject OF
commerce wherever the police power
of the state can be exercised to hinder
or obstruct that commerce. a not
think that the trainers of the constr.
tuition, or that the people who adopted
it, had in mind for a moment, that con
gress could thus nullify the operation
of a clause whose useful effect was
deemed 80 important and which n fact
has contributed so much to the soil
darity OF the nation and the prosperity
that has followed ~uhhampered."
And before vetoing the bill, the
president called on the Attorney Cen
eral, Geo. w. Wickersham, for his Of
fetal opinion as to the constitutional
ity Of the bill. Of course, Mr.. Wicker.
sham is a lawyer Of great learning and
high character, for, otherwise he
would no have been placed in
the exalted position Of attorney
general OF the United States, es.
pecially by so good a Judge Of
H5E rs~S,lopt Taft Iia