Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1914-02-24
I'm discussing this phase Of the case

| I'm discussing this phase Of the case
the court said: ne ..
! 1.-The first and only serious con'en-
ton as we view It, is whether or not
the Webb-kenyon act is complete in It
self. oris it simply delegation OF pow
err. to the state to act for congress in
the matter. If the latter then the act
cannot be sustained.
Act Is Complete.
1T will be observed at the outset
that save for want of a penalty or sane
ton in the act itself, rs already pointed
out. the act is complete in itself; and
that according to many decisions
which might be cited. it is uniform in
it's operation: that is. that 1t applies
alike to all similarly situated and, OF
necessity. 10 all who may. in the future
come within it's provisions. There can
be no doubt that the congress, in vir-
tue of its power over interstate COM
merce. might. in its discretion, put its
ban upon all transportation OF liquors
in interstate shipment just as it has
done with lottery tickets; the shipment
of liquor to Indians; the method OF
shipment of liquor by express compan-
| les: the shipment of game: the car
riage of infected live stock; the white
slave traffic. etc All of these and other
like acts were passed to aid states
which came within these provisions in
the enforcement of local laws which
they deemed of vital Importance to
their citizens: in other words. to aid
them in the enforcement Of their police
regulations The act simply removes
the bar heretofore existing to the en-
forcement of police regulations. be-
cause of the interstate character Of the
transaction and if it be within the pow
er Of the congress to forbid the shlp-
ment of all liquors In interstate traffic
no logical reason is perceived why 1t
may not do the less, and forbid the
shipment under certain conditions.
! "'There are no words Of delegation
in the act itself. ard the theory Of 1t
undoubtedly is that liquors intended
for use. contrary to- state rules, should
be an outlaw. of interstate commerce,
and neither the. shipper nor the car
rier may say that the state is in+erfer-
ing with interstate commerce. for the
reason that the right of such ship
ments between the states is denied by
federal legislation.
ST. Act Is Prohibitory.
IT, is true that the effect Of the act
is to give the states more power. but
there is no such express delegation
and the language of the act is in no
sense permissive The act is prohibit
tory in charac ter. end acts not upon
states but upon articles of commerce,
Interstate commerce in these things IS
prohibited urder certain conditions.
and as we have seen, the act is uni
form in its operation. 81.
"From the earliest history of our
country. CONGRESS has. in the exercise
of its legislative function, given force
and effect to state laws. In the year
1903 and while Mr.. Jefferson was
president. congress passed a law for
bidding the transportation OF free ne
groes from one state to another where
they were not permitted by the laws
of;the state. to reside.
tThe white slave act forbids the
tran sporta:ion of women for immoral
purposes and these immoral purposes
may be defined by state laws.
"The Lacey act forbids the transpor-
ta'ion in interstate commerce of game
killed in violation Of local laws.
ard the Wilson act had the effect
of making the state laws apply to
liquor shipped to be sold in original
packages. Most. if not all. Of these
acts have been directly sustained by
court DECISIONS.
Again the judiciary act Of 1889 ex-
pressly provided that the laws of the
several states shall be the rules Of de-
cisions in trials at common law in the
courts of the United States, in cases
where they apply. and this has always
heer regarded as a legitimate exercise
of federal power, and not a delegation
of power" ta ..... =.
Great Temperance Victory.
THE civic league" said Mr.. Gillies
regard this as one Of the greatests
victories, the temperance forces OF
Iowa have ever achieved Heretofore,
the wholesale liquor dealer in Rock Is
land or Peoria could ship his wares in
to Iowa in defiance Of the local law and
because of the protection afforded by
the commerce clause of the constitu-
ton local authorities were rowerless
to dc anything until the shipment pass
cd INTO the hands of the consignee.
Now, however, the sheriff or the chief