700 



OREGON. 



ORIGINAL-PACKAGE DECISION, THE. 



in the State, and that all property be assessed in pro- 

 portion to its rental values. 



We favor an amendment to the Constitution pro- 

 viding tor the election of Federal Senators by direct 

 vote of the people. 



We are in favor of declaring eight hours a legal 

 day's labor in factories, mines, and workshops and on 

 puhlic works. 



On April 17 a Republican State convention 

 met at Portland and nominated the following 

 ticket : For Governor, David P. Thompson ; for 

 Secretary of State, George W. McBride; for 

 Treasurer, Philip Metschan ; for Superintendent 

 of Public Instruction, E. B. McElroy ; for Jus- 

 tice of the Supreme Court, Robert S. Bean ; for 

 Member of Congress, Binger Hermann ; for State 

 Printer, Frank C. Baker. Resolutions were 

 adopted demanding free coinage of silver and 

 liberal pension laws, favoring the adoption of 

 the Australian ballot system, denouncing trusts, 

 and expressing sympathy with the cause of home 

 rule in Ireland. Other resolutions were as follow : 



We demand the immediate forfeiture by Congress 

 of the land grant of the Northern Pacific Eailroad 

 from Wallula to Portland. 



That we are heartily in favor of the passage through 

 Congress of the bill providing for a boat railway at 

 the Dalles of the Columbia river. 



We favor the enactment of a law in the interest of 

 the wage-earning classes in factories, mines, work- 

 shops, and public works fixing eight hours as a day's 

 work. 



We are in favor of an early survey of unsurveyed 

 public lands in this State that the same may be claimed 

 and occupied and tillers speedily procured by bona 

 fide settlers under the laws of the United States. 



The Democratic State Convention met at Port- 

 land on April 24 and renominated Gov. Pennoyer 

 by acclamation. For Secretary of State the 

 nominee was William M. Townsend ; for Treas- 

 urer, G. W. Webb ; for Superintendent of Pub- 

 lic Instruction, A. Le Roy ; for Justice of the 

 Supreme Court, B. F. Bonham ; for Member of 

 Congress, Robert A. Miller; for State Printer, 

 John O'Brien. The platform favors free coin- 

 age of silver and the election of United States 

 Senators by direct vote of the people, advocates 

 a liberal but discriminating pension law, and 

 further declares as follows : 



We not only favor the forfeiture of the Northern Pa- 

 cinc Kailroad land grant from Wallula to Portland, but 

 we also favor the immediate unconditional forfeiture of 

 all unearned land grants and the restoration of the 

 lands to the public domain. 



We urge upon Congress the passage of such appro- 

 priations and the adoption of such measures as will 

 tend niost speedily and effectively to opening the Co- 

 lumbia and Willamette rivers to free navigation. 



We unqualifiedly urge the adoption in this State of 

 the Australian system of voting. 



We approve of declaring eight hours a legal day's 

 labor in factories, mines, and workshops and upon 

 public works ; and we also favor laws giving the la- 

 borer a first lien on the product of his labor. 



The Democratic candidates for Governor and 

 for Justice of the Supreme Court were adopted 

 by the Union party, and the candidate of that 

 party for State Printer having withdrawn, the 

 Democratic candidate for that office was also 

 adopted. At the election on June 2 the entire 

 Republican ticket was elected with the exception 

 of the candidate for Governor, who was defeated 

 by Gov. Pennoyer. The latter received 38,919 



votes to 33,786 for the Republican candidate. 

 For Secretary of State the vote was : McBride, 

 39,672; Townsend, 31,014; Pierce, 2,803. For 

 member of Congress Hermann received 40,176 

 votes, Miller 30,263, and Bruce 2,856. Members 

 of the State Legislature were chosen at the same 

 time as follow : Senate, Republicans 23, Demo- 

 crats 7; House, Republicans 41, Democrats 19. 



ORIGINAL-PACKAGE DECISION, THE, 

 a decree of the United States Supreme Court 

 in May, 1890. that had an important bearing 

 upon the police powers of the several States. In 

 November, 1884, the Supreme Court asserted the 

 right of a State to prohibit the manufacture and 

 sale of intoxicating liquors ; and again in Janu- 

 ary, 1885, the same court declared that a State 

 may restrict its public laundries both as to lo- 

 cality and as to the hours of employment. (See 

 "Annual Cyclopaedia" for 1884, pages, 429 -431.) 

 In December, 1887, the Supreme Court affirmed 

 the power of the State to adopt and enforce the 

 principle of prohibition, and the lack of power 

 in the Federal Government to interfere in any 

 manner with the State's exercise of this right. 

 This was in the case of certain brewers of Kan- 

 sas, who claimed that the adoption and enforce- 

 ment of the principle of prohibition by that 

 State was contrary to the fourteenth amend- 

 ment of the Constitution, which says : " No 

 State shall make or enforce any law which shall 

 abridge the privileges or immunities of citizens 

 of the United States, nor shall any State deprive 

 any person of his life, liberty, or property with- 

 out due process of law." The opinion was con- 

 curred in by all except Justice Field, who con- 

 curred in so much of it as sustained the validity 

 of the act of Kansas prohibiting the sale of in- 

 toxicants that are manufactured in the State after 

 the passage of that act. But he was not pre- 

 pared to say that the prohibition of the manu- 

 facture of such liquors, if intended for exporta- 

 tion, can be sustained ; nor that the State can 

 forbid the sale, under proper regulations for pro- 

 tection of the health and morals of the people, of 

 any article that Congress may authorize to be 

 imported. He was not ready to admit that New 

 York, or any other coast State, can thus defeat 

 an act of Congress. Neither could he concur 

 in the validity of the thirteenth section of the 

 prohibition act of Kansas, because he believed it 

 authorized the destruction of property without 

 due process of law. He could not see upon what 

 principle the Legislature, after closing the brew- 

 ery, can order the destruction of liquor which it 

 admits may be valuable for medicinal or mechani- 

 cal purposes. What was known as the " original- 

 package decision of 1890 " declared that liquor 

 may be carried into any State and sold in the 

 original packages, without reference to local pro- 

 hibitory or restrictive laws. In this declaration 

 it was asserted that States are not permitted to 

 stop the importation of liquor into their terri- 

 tory; and also that they are required to per- 

 mit its sale in the package in which it was 

 brought in. The first of these assertions met 

 with no unfavorable comment, but the second 

 was criticised widely. One of the Federal judges 

 concurring in the disputed decision declared that 

 his view of the bearing of the interstate com- 

 merce clause of the Constitution on the traffic 

 within the States was set forth by the Supreme 



