The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-04-08
"ORIGINAL PACKAGES"
AN IMPORTANT DECISION.

The active agitation of the liquor ques-
tion," which is going on throughout the
| country, has led Gn BOSTON, to decision
! in the Superior Court as to the meaning OF
| the term "original packages" when ap-
! piled to imported wines and liquors. 1t
| will be remembered that some time ago
there were extensive captures of liquors
made by the State cOnstables in Boston
from the fremont House, YOungs Hotel,
| and other large establishments, the seizures
being made under the Massachusetts prOhib-
itory law. The bar at Yonng's Hotel was one
of the leading drinking saloons in Boston,
and had never before been molested. The
proprietor had quite reputation for sell
ling first class liquors and kept a large stock
on hand, SO that at the seizure, which took
place early in February: about $4,000 were
taken away, large portion being cham
pagnes and other imported liquors in their
original packages. Mr.. Young's liqnors were
all cOnfscated by the police court, and he
was fined seventy-tive dollars and sentenced
to three months in the House of Correction.
He did not submit quietly, however, bat APP
pealed to the Boston Superior Court, taking
the ground that the enforcement of the pro-
hibitOry law in his case was contrary to a
decision Of the Supreme Court of the United
States because the imported liquors seized
were in their original packages as imported,
and that tribunal had declared the law
authorizing such seizures to be uncOnstitu-
tiOnal.
The case was tried last week. Young's
counsel claiming that the liquor seized was
still in the original package as imported,
and there was no evidence to show that it
was to be sold in any other quantity
Against this the District Attorney argued
that liquors could not be imported in bot
~ 1,
than thirty gallons, and that when bottles
were taken ont of baskets they were not
in the original package, and if placed upon
the shelves of bar-rOOm where liquors
are sold or in cellar under the bar-roOm
and connected with it by a trap-door, there
was a fair presumption that the liquor was
under the control of the State, kept for sale
in violation of the State law, and therefore
liable to seizure.
Judge Wilkinson, in giving the case to
the jury, instructed them practically in ac-
cordance with the ruling Of the United
States Supreme Court. He said that the
simple removal of bottle of wine from a
basket and placing it on shelf for conve-
nIence or show, did not have the effect of
breaking the original package, nor take it
from under the jurisdiction of the Federal
law. The acts of Congress in recognizing
the right to import he held, must also recOg-
nize the right to sell in the same form or pack
age and further, that the intent to sell lille
gaIly must be proved against any one who
handled liquor in that way. The jury ac
Quilted Young on all points, and ordered the
champagne and other imported liquors to
to be returned. This is said to be the first
decision constituting the phrase "original
package" to include in its meaning bottles
of champagne after having been taken from
the basket IN which they were imported,
and it has an important bearing, therefore,
upon the practicability of enforcing State
or restrictive laws.