Christian herald., September 22, 1882, Page 8, Image 8

CHRISTIAN- HERALD.
prejudicial to the health or morals thát purposé áre within the scope of organizing its powers in such form
that authority:
* . * . * ^°d {is io’ thfetn shall seem most likely
of a city may be removed.”
if á loss of revenue should accrue to aHict tiieif saffety and happb
State Rights, oy the Right of • 5 Howard's Reports 592.
Any State t<5 Restrain or Pro-
to the í nited States from á dimin- Hess.”
Justice Catren said :
hibliLtbe Liquor Traffic ,
SaluJi tiufkilj Htyprb'hitl Ui.
uh é d-cons u m p iioh Hf aide hl ¿pir ita.
'file Afttjr/ilUppine^ weltaie of
the Stale has the power of restraint slie will be a gainer d thousahd-fold
^Ch'ridtidn fferaldx
by license to any extent,,she has ih the health, wealth and happiness the people, is the supreme law*
___
O regon C ity , O r .,
1 will make a short extract from
the discretionary power to judge of of the people,
August 22, 1882.
7» HoWaid’s ilepoi ts G32.
the preamble to the Constitution of
It is held by some that if a man its limits and go the length of pro­
the,tidied StaleS.
Justice Woodbury said :
has a Uhitfed Statesjieenr.c he has hibiting it altogether.”
“ We, the people of the United
Justice Daniels saidi
' ■ “ It is the undoubted and reserv-
i rightto. soil. liquoi any wharo Jn.
Mt Jt vs, " i n- v r t lyr-t»»- fo ’r tfM»»
““No" suctrr igTilas"11 j^bne~s’up-’'
the United States by the quart,
hence that it is unconstitutional for posed is purchased by the importer political body to decide independent feet union, establish justice, insure
- a State or incorporated city or town and no injury in any accurate sense,._ yf any provisions made by Congress domestic tranquillity, provide for
to say that it shall nut Im sold. is indicted on him by denying to though subject not to conflict with the common defence, promote the
This conclusion « wrong. This him the power demahded. lie has liny ol » them ~ ft heli
. .... rightful, who
.. — . gctietal Welfare and secure the
point ha, been decided by the high­ not pifrbhaSed and bannbt purchase shallxdnlpose its |>opulation t who blessings of liber ty lo oUi«4>|tCS wild
est Court in the Nation ill Several from the governihUnt that wliibh Getome its residents ? who its citi- our posterity, do ordain and es­
cases. In 1847, the license case of it could not insure to him a sale in­ ¿ehs ’ who ehjo'y the fu iviledges ol I tablish this Constitution for the
Thurlow vs.-Massachusetts, Fletcher dependently of the laws and policy its laws and be entitled to. their j Ünited States ot America.”
The Constitution of thë
protection and favor, and what kind
vs. Rhode Island and PiCiice vs. of the State.”
of property und business it wjll States was adopted to promote the
.Justice Grier said : • ,
New Hampshire come oh for hear­
general welfkre of the people, not
“ All the laws for the resttaint or tolerate and protect ”
ing on appeals from lower courts.
It
may
seem
su|>edludtis
to'
many
| downfall ; to secure the blessings of
Chief Justice Taney iti delivering puiiishmehbot crime or the preser­
judgment said : “ Although a’ State vation of the public peace, health to cite these opinions of eminent liberty, not culslhgil
1 make again a short icxtiacl
is bound to receive and permit the and, morals are, from their veiy na- judges upon a matter 'so well set­
salebythe importer, of any article ture?of primary im|H>rtance and lie tled , yet there-are many who do , from the Constitution :__ i __
S ei 8. “ The Congress shall have
of merchandise which Congress au- at the foundation of social oxist- not yet understand but what King
fhoriz.es to be imported, it is not ence. They are Ibr Mie protection A Icohnl lovi jiglitsjn this, govern­ I power to lay and collect taxes,
bound to furnish-u rnor/ cf for it, of life ami liberty and necessarily ment and that" persons hold ing a duties, Imposts ond excises, to pay
nor to abdutn from the.pas^age ol .c.ompel nil Jaws onixubjccfs of sec­ United .States license can sell the the debts and pi (»vide lor the colli-’
any law which it may deem neces­ ondary importance wh ich relate on- i olsei stuff in any State by the mon defence ami general welfare of
>
sary or a|lvisible to guard the health, 1 ly to property, convenience or lux­ quart. TheSa high authorities Ure the United States.” -
Ah laws should tend to the wel­
or morals of its citizens, although ury to robed e wbeh Hihy tome ih Valuable nUt ffieteiy a$ authorities,
fare
of the pttip'L'.'
such law may discourage in pollu­ contact or collision ; sal"s populi but because they are based upon
Constitution of Oregon says !
tion or diminish* the profit* of the su pre nut* lex, (the good of the peo­ principles, a familiar recurrence to
“ We, the people of the State of
importer or lessen the revenue of ple is the supreme law of this na­ which is useful to protect the pop-:'
the government* A nd if art y State tion.) The exigencies of the social ular mind from error and the soph-' Oregon, to the end that justice be
deem the rcteLit and internal trajfie compact requite that shell Idws be Istries of those interested ih the. established, order maintained and
4 liberty perpetuated, do ordain
in ardent spirits ¡injurious to citi­ executed. before and above all oth­ traliid.
There are no decisions which Constitution.”
zens and calculated to produce idle­ ers. It is for this reason that quar­
“ 1. We declare that all men
ness, vice or debauchery, I see noth­ antine laws which protect public deny the power of a State to regu­
ing in the Constitution of the Unit­ health compel mere commercial reg­ late the traffic or prohibit it alto­ when they form a social compact
ed States to prevent it from pro­ ulations to submit to their control. gether. Each State has the right are equal in rights ; that all power
hibiting it altogether if it thinks They restrain the liberty of the to cuntrol the traffic in liquors as it is inherent in the people. And all
proper.”
passeilgfersj they operate on the ship deems best by the highest decisions free governments are formed on
“ The traffic in the article may be which is the instrument of com­ offiMirts in the Nation from which their authority and instituted for
lawfully regulated by the State as merce, and its officers and crew the there is no appeak It is settled by theii peace, safety and happiness.”
Salas popull supremo, lex.
soon as it is landed in its territory, agents of navigation; they seize the Supreme Court of the United
and a tax imposed upon it or a li­ the infected cargo and cast it over­ States and should be understood by
Thus We have iD the Declaration
cense required, or the sale prohibit* board. All these things are done, ail the people.
of
Independence, Constitution of
* •
Our forefathers said in the the United States and the Consti­
ed according to the policy which the not' from any power which the
State may suppose to be its interest State assumes to regulate commerce, Declaration of Independence:
tution of Oregon set forth the su­
or its duty to pursue.”
or interfere with the regulations of
“ We bold these truths as self- preme law of this government and
See 5 Howard’s Reports 573.
Congress, but because police laws evident. That all men are created Sta'c government, of the people, by
The. decisions were agreed to by for the prevention of crime and pro­ equal; that they ale endowed by the people and for the people, and
all the Judges on the bench.
tection of public welfare must of their Creator with certain unalien­ so have the highest authority in
Justice McLean concurred in the necessity have full and free opera­ able rights ; that among these are this government decided, it is a cor­
decision and said :
tion, according to the exigency that life, liberty and the pursuit of hap rect and- righteous decision. The
“ If the foreign article be injurious requires their interference. It is piness; that to secure these rights people have rights. Whatever af­
to the health or morals of the com­ not'necessary to array the appal­ [ governments are “ instituted among fects the moral or physical condi­
munity, a State may, in the exer­ ling statistics of misery, pauperism men deriving their just powers tion of. the people, involves fjlie pub­
cise of that great and comprehensive and crime which.have their origin from the consent of the governed. lic good, the general welfare. All
police power which lies at the foun­ in the use and abuse of ardent 1 hat whenever any form of govern­ legislation should tend to this end,
dation of its prosperity, prohibit the spirits. The police power, which is ment becomes destructive of these und when any doubt arises as to
sale of it. The acknowledged police exclusively in the State, is compe­ ends, it is the right of the people the best means to advance the wel­
power of a State extends often to tent to the correction of these great to alter or abolish it and„to insti­ fare, the people should pass upon it
the destruction of property. A evils and all measures of restraint tute a new government laying”its and tlm lawful majority should
nuisance may be abated, everything or prohibition necessary to effect foundation on such principles and ! rule.
Temperance Department
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