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<br />" <br /> <br />- . - . . ~." ~ - -.. p" <br /> <br />,,' <br /> <br />'" <br /> <br />DIGEST OF CERTAIN SUPREME COURT DECISIONS <br />PERTI;..rgNT TO THE PROPOSED WESTERN WATER <br />RIGHTS SETTLEMENT ACT (S. 863) AND STATE. <br />FEDERAL WATER PROBLEMS <br /> <br />.t. <br /> <br />These b.-iefs arc prepllred in response to a request by Senlltor <br />Anderson. They attempt to state suecinetly the faetunl situlltion <br />and quote the text of the Supreme Court decisions pertinent to the <br />issues raised. <br />The decisions scleeted are largely those which Elmer F, Bennett <br />cited, or had reference to, in his discussion of legal principles before <br />the Subcommit,tee on Irriglltion and Reclamation of the Sennte Com. <br />mittee on Interior and Insular Affairs in connection with S, 86:l, 84th <br />Congress. <br />The selection covers an expanse of historical development as well <br />as constitutiollul law. The cases are grouped in order to emphasize <br />basic constitutional powers and principles. ' <br />(S, 863 is prill ted on p, 33 of the appendix,) <br /> <br />A. COMMERCE IN GE};}~RAL <br /> <br />", <br /> <br />I. In re Rahrer (140 U, S. 545 (1890)) presents a constitutional Inw <br />problem of hnrmonizing the exercise hy n. State of its general police <br />powers for the pl'Otect,iou of the health, mornls, and safety of its people, <br />and the power of Congress to rC'guln.te commerce under the com.. <br />fierce cl:luSC (Const.itution, flrt. I) sec. 8, c1. 3). <br />In the exercise of its police power, Kansas had prohibited in its <br />constitution the manufacture ilnd Side of intoxicating; liquor except <br />for medical, scientific, and mecbanical purposes. This prohibition <br />was enforced by St,llte stnt,utory law currying penalties. <br />On August S, 1890, the Wilson Act" which J",d beell passed by Con- <br />gress, was approved by tile President. It provided that intoxicating <br />liquors, UpOIl arrival ill n State should be subject to t.lw opcratioll of its <br />laws to tbe SHme extent HS liquors produced iu that State, whether <br />those liqllors were in t.he originol pnckHge or othcr\\'ise. <br />On August 9, 1800, Charles Rahrer, fin ngeut for a Kansas City, <br />Mo., liquor firm Inl\de some sales in Topeka, l(ans., or interstate <br />liquor contrary to tl1is law. He was flTrcsted but a writ of habeas <br />corpus was obt,ained from the circuit eomt of the United States and <br />the case went to the Supreme Court on appenl. <br />On State police power, !'..lr. Chief Justice Fuller said: <br />. . · [Ilt is not to be doubted that the power to make the ordinar'y regula.tions <br />of police remains with the individual St!Lte:l, and cannot be assumed by the <br />Na.tional Government. 'Il . (p. 555). <br /> <br />1 <br /> <br />::!02tl7-58----2 <br />