DAIRY AND SEED IMPROVEMENT MEETINGS. 205 



Subsequent to the passage of this Act, a case was made 

 against a citizen of another state for having transported from 

 that other state into the State of Kansas, Hquors to be sold in 

 the original package. The defendant was convicted and the 

 case was taken through the Courts to the Supreme Court of the 

 United States, the defense being that in passing the Wilson Act 

 Congress' had delegated back to the states the power which had 

 been delegated to Congress by the Constitution, to regulate 

 commerce between the states, and that it had no power to dele- 

 gate the power delegated to it. The Supreme Court handed 

 down its opinion in this case (Wilkerson v. Rahrer, 140 U. S. 

 572) on May 25, 1891, the opinion being written by Chief 

 Justice Fuller. In that opinion the Court held : 



"The Act of Congress of August 8, 1890, that intoxicating 

 liquors, transported into a state or territory, shall be subject to 

 the laws of the state or territory enacted in the exercise of its 

 police powers, is constitutional and valid. 



"Congress had the power to enact the law of August 8, 1890, 

 and in doing so it has not attempted to delegate the power to 

 regulate commerce, nor to exercise any power reserved to the 

 states." 



Subsequent to this, a case was made in the State of Massa- 

 chusetts against one Benjamin Plumley. The violation com- 

 plained of in this case was that the defendant had brought into 

 the State of Massachusetts an original package of oleomar- 

 garine, which was manufactured in imitation of butter by being 

 colored yellow. The defense rested upon the ground decided 

 in the Leisy case, above referred to, to the effect that a citizen 

 had a right to import or bring into a state goods in the original 

 package and to dispose of them in that form, irrespective of the 

 state law based upon the police power. The Court distin- 

 guished the two cases in the following language : 



"The Massachusetts statute to prevent the sale of imitation 

 butter in its application to sales of oleomargarine brought into 

 Massachusetts from other states is not in conflict with the 

 clause of the United States Constitution, giving Congress power 

 to regulate commerce among the states. 



"It is within the power of a state to exclude from its mar- 

 kets any compound manufactured in another state, which has 

 been artificially colored or adulterated so as to cause it to look 



