Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1918-08-16

10 congress II CONSIDERED OniE as 10
its immediate effects and that if in
valid it is so only upon some collat-
eral ground. The statute confines
itself to prohibiting the carriage of
certain goods in interstate or foreign
commerce. Congress is given power
to regulate such commerce in unqual-
flied terms. 1t would not be argued
today that the power to regulate does
not include the power to prohibit.
Regulation means the prohibition of
something, and when interstate COM
merce is the matter to be regulated |
cannot doubt that the regulation may
prohibit any part of such commerce
that congress sees fit to forbid. At
all events it is established by the lot
terry case and others that have fol-
lowed it, that law is not beyond the
regulative power of congress merely
because it prohibits certain transport
tatiOn out and out. So repeat that
this statute in its immediate opera
constitutional power.
The question then is narrowed to
whether the exercise of it's otherwise
constitutional power by congress can
be pronounced unconstitutional be-
cause of its possible reaction upon
the conduct of the states in a matter
puon which have admitted that they
are free from direct control. | should
have thought that that matter had
been disposed Of SO fully as to leave
no room for doubt. l should have
thought that the most conspicuous
decisions of this court had made it
clear that the power to regulate COM
merce and other constitutional
powers could not be cut down or quail
flied by the fact that it might inter-
fere with the carrying out of the do
nestle policy of any state.
THE manufacture of oleomarga-
rine is as much matter of state reg
ulatiOn as the manufacture of cotton
cloth. Congress levied a tax upon
the compound when colored so as to
resemble butter that was SO great as
obviously to prohibit the manufac.
ture and sale.
"The notion that prohibition is any
less prohibition when applied to
things now thought evil do not un.
derstand. But if there is any matter
upon which civilized countries have
agreed-far more unanimously than
they have with regard to intoxicants
and some other matters over which
this country is now emotionally
aroused-it is the evil of premature
and excessive child labor. I should
have thought that if we were to in
troduce our own moral conceptions
where in my opinion they do not be-
long. this was prominently a case
for unfolding the exercise of all its
powers by the United States.
"But I had thought that the pro-
priety of the exercise of power ad-
mitted to exist in some cases was for
the consideration of congress alone
and that this court always had dis
avowed the right to intrude its judg-
ment upon questions of policy or NOR
ais 1t is not for this court to pro-
nounce when prohibition is necessary
to regulation if it ever may be neces-
sary-to say that it is permissible as
against strong drink but not as
against the product of ruined lives.
"The act does not NEEDLE with
anything belonging to the states.
They may regulate their internal
affairs and their domestic commerce
as they like. But when they seek to
send their products across the state
line they are no longer within their
rights. If there were no constitution
and no congress their power to cross
the line would depend upon their
neighbors Under the Constitution
such commerce belongs not to the
states but to congress to regulate. 1t
may carry out it's views of public
policy whatever indirect effect they
may have upon the activities of the
states. Instead of being encountered
by prohibitive tariff at her bounda-
ries the state encounters the public
policy of the United States which it
is for congress to express. The pub
lie policy of the United States is
shaped with a view to the benefit of
the nation as a whole. If, as has
been the case within the memory OF
men still living. a state should take
a different view of the propriety of
sustaining a lottery from that which
generally prevails, cannot believe
that the fact would require a differ
ent decision from that reached. Yet
in that case it would be said with
quite as much force as in this that
congress was attempting to inter-
NEEDLE with the states domestic af-
fairs. The national welfare as UNI
derstood by congress may require
different attitude within its sphere
p; CT 70