1912.] OF THE UNITED STATES. 391 



called upon to perform sacred obligations incurred through treaties 

 with other sovereignties? A dispassionate study of the cases — such 

 as is here attempted — shows that the Federal government has full 

 power to deal within a State with mobs who attack one under 

 Federal arrest, and with mobs who interfere with interstate com- 

 merce. How long — such being incontrovertible law — will the Amer- 

 ican people permit its Department of State to urge that it is without 

 power to deal with a mob which deliberately sets at naught and vio- 

 lates Federal treaty obligations declared by the Constitution to be 

 the supreme law of the land? 



Ohio z's. Thomas^-® is a case which by its facts throws into 

 strong relief the incapacity of so-called State. police power to affect 

 the action of the Federal government. By Act of Congress a 

 soldiers' home was established in the State of Ohio. It was conceded 

 that the grovmd on which the home stood was within the jurisdiction 

 of the State. The management of the home was entrusted by Con- 

 gress to a governor and board of managers. By an Ohio statute the 

 use of oleomargarine was permitted only under certain conditions. 

 The management of the home furnished oleomargarine to its in- 

 mates and did not comply with the conditions of the State statute. 

 The Governor was accordingly indicted under the statute. He was 

 released on habeas corpus by the Federal circuit court, and the 

 Supreme Court affirmed. Said the Court : 



"Whatever jurisdiction the State may have over the place or ground 

 where the institution is located, it can have none to interfere with the provi- 

 sions made by Congress for furnishing food to the inmates of the home, nor 

 has it power to prohibit or regulate the furnishing of any article of food 

 which is approved by the officers of the home, by the Board of Managers 

 and by Congress. Under such circumstances the police power of the State 

 has no application."*"" 



The State statute was passed in the exercise of the State police 

 power ; yet at once it yielded to the Federal act creating a soldiers' 

 home. Is it possible to maintain that the State police power operates 

 to prevent Federal control over or punishment of a mob which, 

 violates treaty rights, while it lies prone before the desire of Con- 

 gress to feed its old soldiers with oleomargarine? 



'''173 U. S.. 276 (1899). *-^Ibid., p. 283. 



