Edward Douglass White

“ Again, the acknowledged police powers of a state cannot legitimately be exerted so as to defeat or impair a right secured by the national Constitution, any more than to defeat or impair a statute passed by Congress in pursuance of the powers granted to it. ”

“ The purpose of the Wilson act was to make liquor after its arrival a domestic product, and to confer power upon the states to deal with it accordingly. The police power is, hence, to be measured by the right of a state to control or regulate domestic products, a state, and not a Federal, question as respects the commerce clause of the Constitution. So far as the state aspect is concerned, the matter is foreclosed by a decision of the supreme court of Missouri passing upon the validity, under the state Constitution, of the law now under consideration. ”

“ It creates the office of beer inspector, to be appointed by the governor, who shall be an expert beer brewer, and who is required to furnish a bond, and is given power to appoint the necessary deputies to execute the provisions of the act. The act forbids every person or corporation engaged in brewing within the state from using any material or chemical in the manufacture of beer or other malt liquors other than pure hops or pure extract of hops, or barley, malt, or wholesome yeast or rice. ”

“ The requirement of an affidavit, and the acceptance of this in lieu of an actual inspection, make the affiant, who is the manufacturer or his agent, the sole judge of the fact whether the liquor contains only the ingredients allowed by law. We cannot treat this as a bona fide inspection. To justify an inspection in law there must be an inspection in fact. ”

“ It is true this section seems to require that upon receipt of such affidavit the inspector shall inspect and label the packages. But similar words used in § 7 with regard to domestic beer were interpreted by the supreme court in State v. Bixman, 162 Mo. 1, 62 S. W. 828, as requiring only an inspection of the mash at the brewery, since the actual inspection of the beer would require the opening of each package, or at least a sample package, which would practically ruin the contents. ”

“ But the court pointed out that no provision was made for the actual inspection of the cattle, so as to secure the rejection of those that were diseased, but that all importation of cattle, whether sound or diseased, was forbidden for long periods; and it was held that the statute was void as a plain intrusion upon the exclusive domain of Congress. ”

“ If the states may, in the assumed exercise of police powers, enact inspection laws, which are not such in fact, and thereby indirectly impose a revenue tax on liquors, it is difficult to see any limit to this power of taxation, or why it may not be applied to any other articles brought within the state, and the cases of Minnesota v. ”

“ The agreed statement of facts shows that the plaintiff manufactures in the state of Wisconsin ten different kinds or grades of beer and malt liquors, each kind being separately manufactured and requiring special treatment; that it ships into the state of Missouri annually not less than 15,000 barrels of malt liquors, of 31 gallons each, of the aggregate value of $100,000 ”

“ Hardin, and enabling the states to enforce their prohibitory liquor laws upon the arrival of the liquor within the state, as we have repeatedly held,-the law has a definite and distinct value, and is readily understood. ”