The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-07-16

An interesting case has just arisen In Con-
nccticut involving the question what con-
stitutes an original package Of liquor under
tho recent decision OF tho Supreme Court at
Washington that no State can prohibit the
importation OF liquor from another State in
the original package, or tho sale thereof in
that form.
The proprietor of a restaurant in Bridge
port was charged before q magistrate
In that city with a violation of the
Excise law of the State. in selling liquor
without a license; and his defence was that
the sales he made were in original pack
ages only. The proof showed, how
ever, that what he did was to hand
bottle Of ole, which was corked. to
the customer, handing with it q cork
screw ut the same time; the customer then
paid for the ale, drew tho cork, and drank
the contents Of tho bottle The Bridgeport
magistrate held that this was not sale in
the original package, and imposed fine OF
$125 upon tho defendant.
It is announced that the case will be taken
to the Supreme Court Of Connecticut; but
We have no doubt that it was rightly de-
cided. An original package within the
meaning of the opinion OF the supreme
Court Of the United States in the Iowa pro-
hibition case, is package in which liquor is
ordinarily transported for commercial pur-
poses from State to State, such as barrel OF
gin, q keg of beer. or case OF brandy,
claret, or champagne. 1t is safe to say that
ole Is not sent by the single bottle from any
other part of tho Union into the State OF
Connecticut
uoD
decided by the Supreme Court of the United
States in Chief Justice TANEY's time.
tho original package sent from Mas
sachusetts to New Hampshire was
barrel of gin; and if the present Chief
Justice and Mr.. Justice LAMAR had been
as good Democrats rs Chief Justice
TANEY was, they would have adhered
to tho law that was laid down in his day,
when tho Supreme Court at Washington
unanimously held that State could pro-
hibit the sale of Intoxicating liquors within
its own borders, although those liquors
were offered for sale within the
State by tho importer and in the
original package, unbroken. But the law
which was good enough for such men as
ROGER B. fancy and SAMUEL NELSON has
been whisted down tho wind by the two
men who were appointed to the Supreme
Court by President CLEVELAND.
The decision in the Iowa case, however, at
It's worst. does not go so far as to warrant
any such construction Of the term original
package" as was insisted upon in the Con-
necticut prosecution to which we have re-
ferred. In tho Iowa case tho goods offered
for salo were 122 one-quarter barrels
Of beer, III one-eiRhth barrels OF beer.
and II sealed cases OF beer. Each Of
the cases was sealed with metallic seal
which had TO DO broken in order to open tho
case. Tho beer was offered for sale only in
tho original keg and sealed case as imported
into the State Of Iowa; and no kegs or cases
were broken or opened on the premises of
the dealers.
From these facts it will be seen that the
decision OF tho Supreme Court sanctions
only tho strictest Interpretation Of the
phrase "origlnal package" and it Is there
fore not available as an authority in defence
Of those importers who break or open the
case, keg or barrel in which the liquor is
brought into the State before they sell it or
offer it for sale.