| Show A VAIN EFFORT It is said that the House committee on judiciary is scrutinizing with extraordinary caution and care the bill to overcome the supreme cQurts original packing decision The gentlemen do not want to get into trouble over states rights questions and are not eager to frame a law which will beset be-set aside by the supreme court when the measure shall come before that tribunal The committee would like to leave with the states the right to control and regulate the traflic Jn intoxicating liquors but iu the I light of tho recent decision cannot clearly see its way to the desired end I It is this trimming kind of legislation which causes so many of our laws to be provocative of evil rather thap tending to good Congresses are too much given to the achievement pf ends without considering tho methods employed too much disposed to do what the majority desires without ascertaining that it has the right to do it There is a doubt cast upon the validity of the laws and expensive ex-pensive troublesome litigation follows whereas if Congress knew that it was I righ its laws would rarely be called in I quostiou i The original packages decision was based on an interpretation of the federal constitution consti-tution by the tribunal whose interpretation interpreta-tion is final There can be no appeal to another an-other court and even Congress must bow to tho decision Any of us may pay in our hearts that the ruling Js wrong and we may all wish it was otherwise but what the court says must stapd as law in spite of everything except a reyolption of force The court reads the constitution so as to make it say that the United States have supraino control of interstate commerce that no state has a right to interfere with that traffic and that a state law which assumes to so interfere is invalid and of no force The supreme court then goes on to say that the transportation of liquor from one state to another is interstate traffic as contemplated in the constitution and it further says that the sale of liquor manufactured manu-factured in one state to u citizen of another state in the original packages of the seller is legitimate traffic which a state cannot prevent the constitution forbidding it By implication the decision holds that the breaking of the package gives tho state control of the further traffic in the goods the United States having no authority over the internal commerce of the minor political division makes no difference that individuals indi-viduals and states disagree with this opinion the interpretation is final and is binding on the United States Congress and on aU tho states This being true ve would like to know how Congress can enact a law that will change the status It occurs to us that Congress has no more power or authority in the premises than u state legislature orB or-B municipal council and a law by Congress nullifying In any particular the supremo court decision would be no more valid than a city ordinance There are two ways for overcoming the effect of the courts opinion opin-ion and theso He through amendments to the federal constitution Anamendment providing national prohibition woulu accomplish ac-complish the purpose and so would an amendment recalling from the federal gov ernnieit the power surrendered by the states to regulate interstate commerce Legislation no matter by what body enacted en-acted can do anything unless it is backed by sufficient physical force to override the constitution and set at defiance the supreme I preme court |
