The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1890-05-24

LIE pIdCtlCdl WOIhlnS Vi Tic OiiSi-
nal package" decision of the Supreme
Court is very we'll exemplified in To u,
peka, Kansas, where for the first time
in five years Intoxicating liquors are
being openly sold. a local agent for a
Missouri liquor house has opened an
"original package" depot or shop on
the principal street of the city. His
stock, 1t seems, consisted of a Car load
of beer in cases containing twenty four
bottles each. His "wet goods" were,
the dispatches state, rapidly disposed
OF, in no instance less than an unbroken
case being sold.
As the case now stands it seems that
under the speclous plea that the right
to import into State liquors in origl-
nal packages involves the right to sell
them, dealers in liquors from adjoining
states have greater privileges than resi-
dents OF the State in which liquors are
produced. In other words, that a
brewer, dlstiller or dealer located in
Pennsylvania or Delaware can bring his
liquors into Maryland and expose them
for sale without being subject to the
same restrictions that a resident of Ma
rYland is subject to in the case of beer
brewed or whiskey distilled in Mary
land. A prohibitory law, for instance,
is in force in Cecil county. Undtr the
decision of the Supreme Court, while
the prohibition of the sale of liquors is
unimpalred as to liquors produced in
this State, the Pennsylvania or Della
ware dealer can, in defiance of local
law and without being subject to the
police powers of the State of Mary
land, openly and legally traffic in liquors
provided he deals only in "orsinal
packages" No intelligent man GER
tainly would argue that such dlscrlm-
nation was ever contemplated by the
constitution of the United States, which
clearly intends that there should be no
discrimination one way or the other.
Pennsylvania or Delaware liquor brought
into Maryland clearly must be subject
10 precisely the same regulations and
restrictions as liquor produced in Ma
ryland. If the laws of the latter Stale
authorize the traffic and sale of ii, the
liquor produced in Pennsylvania or Del
aware shall not be Disseminated against,
nor, on the other hand, shall it be freed
from the operation of laws governing
or prohibiting the sale of liquor made
in Maryland.
As the Supreme Court has pointed
out, the injustice of its decision is due
to the absence of necessary legislation
by Congress, which has the power to
regulate commerce between the States
and 10 subject that commerce TO the
police powers OF the States. The
necessity then to secure the passage by
Congress of such laws as will correct
the evils resulting from the recent deci-
sion is apparent. Until such legislation
is secured, the efficiency of all local
prohibitory laws is seriously impaired.
and prohibition is Per force elevated
into national question.
In the meantime, however, specula-
tive interpreters of the Supreme Court
decision, would do we'll to remember
that bottle of beer or a flask OF whis-
key is not in the provision of the law
an 'original package If sold by itself,
alter having been brought into the
State packed in case with number
of others. The original package in this
case is the case or box of bottles or
TASKS. The moment the case is broken
and its contents are divided, the liquor
passes from under the protection of the
Supreme Court decision, and becomes
a part of the mass of property in the
State subject to State laws. This is
very nice distinction as to the legal
statues of property which lawyers only
fully appreciate. But as has been per-
tinently remarked by contemporary,
eff there can be hair splitting on one
side of this liquor question, there can
be hair splitting on the other Also"