The herald and news. [volume] (Newberry S.C.) 1903-1937, 1916-01-25

occupy the position Of equal opposing soverSne because
the Constitution declares its supremacy and that Of the laws
passed in pursuance thereof and that which is supreme
must weld TO that which is supreme"
United States {: Z. c. Knight Co., 80 I. s. l.
interstate commerce even in Intoxicating liquors national
extractor and long Congress did not pass any laws to
regulate it specifically in such way allow the laws of the
State to operate upon it. Congress indicated It's will that COM
merce therein should be free and nanneel Hence in
the absence of Congressional action prohibiting receipt
and sale in original packages were imperative
Bo7l2uQu . r. r Co., 125 I. S. 4o5
Lesy ., Hardin I35 L. S. 100.
The Wilson Act of 1890 changed this situation i'll part
Rhodes {. Iola, 40 L. S. 4I2
Tancc 9. Taudcrcook, 10 L. S. 43S.
The Webb Kenyon Act extended the prohibition against
the introduction of liquors State by OF interstate
commerce.
adams Express Co. {: Com. of Ky. 23S l. S. 100.
o. 1T may be said in general way that the police
power extends to all the great public needs.
Garfield 9, u. S., 1o7 U. S. 5I8
TT may be put forth in aid of what is sanctioned by
held by the prevailing morality strong and peponderant
opinion to greatly and Immediately necessary to the public
welfare"
Holmes, l. in Mobiles State Bank {, HASKELL 21o u S. 1o4
when State exerting its recognized authority, under
takes to suppress what is free regard public evil,
article conceded TO be fyaugt h such contagious beys to
society that it occupies different before the Courts and
the Legislatures from that of other kinds OF property and
traffic it thereby placed upon different plane from that
of other kinds of business There is therefore question in
dealing 7ei Intoxicating liquor Of the torer Of the
Legislature to saw generally 7dt beverages shall drink
or 7vtat they shall cat or 7cear The discussion in these cases
must deal solely 5vi distinct article of rade-(Sate o.
Dren 70 Kan and 1885, 78 Pac. I52 and 80 Pac. 987)
1.-THE POLICE POWER OF THE STATE EXTENT.
a The police power belongs the States has been
surrendered by them the general government restrained
by the Constitution of the United States, and essentially
exclusive
Barber .. Connolly, 113 U. S. 273.
In Re RG}rer I4o U. S. 545
at can be denied that the power of the State to pro-
tect the lives health and property its citizens and to preserve
good order and the public morals The power govern men
and things within the limits of its dominion, is power orig
naly and always belonging the States not surrendered by
them the general government directly restrained by
the Constitution of the United States and essentially exclusive
United States E. c. Knight Co., $50 U. S. I.
On the other hand the power of Congress to regulate COM
merce among the several States also exclusive The Con-
tuton does provide that interstate shall be
FREE but by the grant of this exclusive power to regulate it,
it was left free except as Congress might impose restraints
Therefore it has been determined that the failure Of Congress
this exclusive power case is an expression OF
its will that the subject shall be free from restrictions or i'm
may adopt such measures having reasonable relation to that
end may deem necessary in order to make its action
effective 1t does not follow that because transaction sep
aratey considered is innocuous may not be included in
Prohibition the scope of which regarded essential in the
legislative judgment accomplish purpose within the adj
mted power of the government.
Hughes Justice in Purity Extract 6 T. Co. . Lynch, 226
y. S. 1872.
To that same effect
La5ptou O. Steele I52 y. S.. I33
Nc7o York cr rel SL3 o Hesterberg, I'll U. S. 81.
Patsone .. Penny 232 U. S. 138.
Booth {: Illinois, I84 I. S. 426.
Otis {, Parker, 187 I. S. 6o7.
Murphy 9: California 225 I. S. 623.
The foregoing principle has been applied by the Supreme
Court to prohibitions against possession OF certain things as
proper means accomplish uterior valid purpose.
Nc7p York CT rel Sis {, HestcrbcrS, 21I I. S. 81.
Lo5,ton {. Steele, 152 I. S. I33
PdtSouc {. Penn, 232 L. s. 1873
Co. intoxicating liquors subject OF commercial in
ercose between the States vet State Prohbitory laws within
State do not necessarily infringe any right privilege i'm