| Show II 11 IBE bollt I 1 field chioli oo 00 hiu judge should ce be a creature allbe presidents I 1 teim washington WASHINGTO 4 may way 25 in the supreme court an original pack package a 0 case came up today to day on app appeal eal ot of wilkinson sheriff against kagerer Ka herer he the lower coart court having decided against the tile state this court reverses t the decision of the lower court C chief h to f justice fuller rendered the decision the entire court being with him justice gray announced that tha t justices II arland B brewer reer and himself a ag scented in the de decision c but dil n not qt concur in all the rea reasoning boning of the opinion of the court Ilah reer was the original package avent at topeka of 0 a konsis city liquor firm and was arrested the day after the original package law went into effect lie ile claimed the lair law was unconstitutional and alao that it could not go I 1 into nto operation until the elate state re enacted its prohibitory litwa law s the circuit court decided against the he i elate state and tha the case was wa a brount here on appeal the sup supreme reme court gays the power of tha the state to impose restraints stra ints its and burdens upon persons perso n a and property in promotion of p public bubli 0 health good order and prosperity ia is a power always belonging to the state the tile power of congress to regulate commerce among the several states when the bubl subjects acts are national in their nature ia also exclusive bit was left free by the constitution ex ann capt as congress might undertake to I 1 regulate it intoxicating liquors liquor are undoubtedly the subjects of commerce like any adv other commod commodity it bat but nevertheless it has been hel hely that laws prohibiting the manufacture and sale of of 11 liquor bior within state limits does not necessarily infringe any constien dional privilege or immunity this right rests upon the acknowledged right of the ills states to control their purely internal affairs I 1 the iowa laws held to be tut ional in the leisy original package case were enacted in atie exercise 0 the state police power bat but as 3 it amounted to the regulation of int interstate er commerce it was held that so long as is congress did not pars any law to regulate specifically the traffic bd h tween the tile states on intoxicating li I 1 i nose or act in such a way as to A allow allow the state laws to operate upon it congress thereby judi indicate cite I 1 its will that such each commerce should befree be free and untrammeled and therefore the laws of iowa were knoper inoperative active insofar as they amounted to the regulation of foreign or inter staw commerce ini in the inhabiting inta biting and reception of such articles within the state or their sale upon arrival in the form in which they were imported it follows that when congress acted at all the result of its action must be to operate as a restraint upon that perfect freedom which its silence inspired congress has now spoken and declared that imported liquors shall abia apia ap n their arrival in a state fail w within ih J the the category of domestic articles of a it similar nature congress did not use terms of persuasion to the state to act but simply removal the impediment to the anfor enforcement c e m 0 I 1 I 1 t of state laws laws in respect to imported packages in their original condition conditi ont created by absence of specific utterance upon its pirt part the act of ocon con grecs gres removed the obstacle and no adequate ground is ia perceived for holding that a enactment reenactment re of the state law was required before it could have iffert upon imported which it always had u upon in d domestic p property ro perty jurisdiction was attached not in virtue of the laws of congress congre 1 e bin but because that law placed the p property r where the jurisdiction could attach it in the case of the chicago distilling company against stone internal revenue collector justice bradley delivered an opinion in favor of the distilling company holding unlawful the government method of assessing at the end of each mouth what is called mulct money to make up and distillation til by the tile distilleries in excess 0 of f the capacity estimated from day to eay ay fhe court also rendered an opinion through in the case of ward mcallister against the united states mcallister cAllister SI was removed from the office of judge of the district court of alaska by president cleveland and claimed a salary from the time of removal to the Malla qualification cation of dawson who was confirmed as bis his su successor cesor one question in the case was whether the judge of the alaskan court came within the provision of section 1763 II 11 8 authorizing the president to suspend all civil officers except judges of the united states the court holds that the alaska court 1 Is not a court of tha the united states in a con constitutional 9 sense aa as set forth in the third article of the constitution but a territorial court the fact that the term of an alaka judge is limited to four years vears and that he joes does not bold hold office offic lor for life or during good behavior the court sa says to proves it is not a coar coart t of the un united cited states as ai the term is constitution constitutionally ily us edThe court r aid the decision in the case 9 gave ave the president complete power 0 over ver territorial officers the judgment was therefore given in favor united states justice field and justices Just icea oray gray and brown dissented from the opinion in which justice field maintained were the will of the president was not sufficient to remove a judge of a court created by the united Slate sand that tae tie constitution did not contemplate that a judge should be responsible to any arty man for continuance in office it seemed to him that some of his brethren had bad overlooked the character of a judicial branch of government when they made a distinction against the court courts of territories these courts had similar powers and there was the same ame necessity that they should use t the tie office fearlessly and vi without ishou t fear of offending iny any president lest they should be removed the case of wingard justice of a washington territory court waa was decided the same way in the case of clara botsford who was injured on the union pacific road and waa was awarded damages damage al the court held the lady was not dobli obliged g e it to submit to physical examination by the companas comp anys ph physicians buch such examination would be a an Inva invasion siou of the sanctity of her person and had bad no foundation in law and never had been recognized in la this country |
