The Birmingham age-herald., 1915-04-06
Holds That Newspapers Published in Other States Are Articles of Inter-
 state Commerce
STATE GOVERNMENT
 HAS NO AUTHORITY TO INTERFERE IN MATTER
Holds That State May Control Its Own Publications, But It Cannot Regulate Those of Another State-Petition Filed
 by Solicitor

printed and published become articles
 of commerce and when printed in a foreign Jurisdiction become articles of interstate commerce and cannot be in terfered with by the authorities of the state, Judge John H. Miller of the city court of Birmingham filed his opinion yesterday in the court denying the mo- tion for an injunction against the De- in the name of the state of Alabama by Solicitor Hugo L. Black.
 The motion for an injunction was filed with Judge Miller several days ago and styled the state of Alabama ex rel Hugo l.. Black, solicitor, vs w. c. Delaye. The petitioner alleged that newspapers containing liquor adver- tisements were exposed for sale by the defendant and asked that he be re- strained and permanently enjoined from so doing.
 In his opinion Judge Miller cites the Wilson federal act in reference to in- toxicating liquors and states that it is not contended that the act authorizes
 one state to interfere with another He holds that while state may control its own publications it cannot control
 those of another state. The opinion follows
 Judge Miller's Opinion
 "This bill is filed and seeks relief under an act of the legislature passed February 10, 1915, forbidding among other things the circulation of newspa- pers containing liquor advertisements. This state has many statutes relating to the manufacture and sale of intox- Al ( I l. electorate under certain conditions can legalize the business of dealing in such liquors. So that at present in certain other portions of the state the busi- ness is authorized while in certain other portions of the state 1t Is un- authorized. It is not necessary here to determine whether, when business is authorized by law, the incidents oi that business follow as a necessary consequence or corollary. The specific act charged against respondent is that he circulates a newspaper tThe En . quirer) of Cincinnati, Ohio, containing whisky advertisements of certain deal CTS of Cincinnati Ohio. It will be con- ceded that the act in question giving the cause of action is highly penal providing for penalty of fine of not exceeding $500 and additional Gin discretion of court or Judge) or
 six months imprisonment or hard labor. Newspapers when printed and published become articles of commerce, and when printed and published in a foreign jurisdiction and shipped and sold be-
 come interstate traffic. AS such com modities they must be carried either by the federal mails or in bulk by freight and are thus thrown into the current of commerce between states.
 The Wilson act (26 statutes federal, 713 c 72s) applies only to intoxicating liquids or liquors as articles or sub jects of commerce Onterstate) and not to other articles or commodities, nor can its meaning be enlarged or bent to include other articles or subjects. It has been so held and settled by a line of decisions In re Rahrer 140 U. s. 545;
 Rhodes vs. Iowa, TO U. s. 412; Vanve vs. w. A. Vondercook Co.,, ITO U. s. 43S; American Express company vs. Iowa, 196 U. S. 133; Adams Express company
 vs. Iowa, 196 U. S. 147; Pabst Brewing company vs. Crenshaw, 19S U. S. IT;
 Foppiano vs. Speed, 199 U. S. 5o1; Hay l man vs. Southern Railway company, | POS U. $. 270.
 States Must Not Interfere
 "It has never been contended (seri-
 ously) that Congress in adopting the Wilson act authorized one state to in terfere with interstate commerce. Con- gross could not lawfully do so. Had Congress this power, and it was ex- ercised, then there would be reinstated l the very evil which the commerce ! clause of the constitution sought to l remedy and did remedy. One of the nec- essities of a federal organic law, or | constitution, was to lodge the power of regulating foreign and interstate trade or commerce in some one hand, place, or general authority, so that the sub ! ject could not be dealth with by as many authorities as there were states in the union.
 Tn framing our highest organic law should provide for the harmony and proper intercourse between the states,
 and thus cure defect in the articles of confederation which the constitu- tion was to supersede. This very plain | ly appears not only from the debates in the convention, but in those master full letters (85 in number) written by Hamilton, Jay and Madison, and which composed the federalist, to the public
 at large, interpreting the powers | granted to the union and distributed
 among the three branches of the gen.
 eral government formed by that union | under the constitution. The general au- thority selected for the regulation of commerce between the states was Con- gress. The power thus granted to Con- gress could no more by it be granted
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