Johnstown weekly Democrat. (Johnstown, Cambria County, Pa.) 1889-1916, 1890-05-30
sILvERMAN's POINT.

The Original Package Case in the U. $
Court--A Test Being Made ofthe Recent
Supreme Court Decision.
PITTSBURGH, May 2S.-The @origlnal
package will be opened and tested in the
United States District Court on Saturday.
Chas. Silverman, of Leechburg, pre-
sented a petition in the court to-day, set
tinh forth that on May 81, 1890, he was
arrested ON charge of violating the pro-
hibition liquor law relating to said bor-
ough, of March, 1866, and of the general
laws of May 10, 1887, and on the same
day was committed to jail on said charge.
The petition continues thats:.he is in
formed and believes that said arrest and
commitment was in violation of and with
out authority of law. He further repre-
sents that he is and was the agent of the
Cincinnati Brewing Company, of llamil-
ton, Ohio, and that the company con-
signed from that place in Ohio to them
selves, tie Cincinnati Brewing Com
pany, at Leechburg, in Armstrong
county, in care of the petitioner, their
agent, quantity of beer stamped orig
inal packages" which the petit
toner received at Leechburg, and as the
agent of the company s)ld as the goods
of the Cincinnati Brewing Company
"original packages in the same packs,
in the same condition as received by him
from the company, unopened, unaltered,
unchanged, with the stamps unbroken, to
the citizens of Leechburg and vicinity,
and has sold the beer in no other way and
was not in any way interested in the liz.
uors than as agent afor the Cincinnati
Brewing Company.
He also says that under these facts and
others which he is ready to show to the
Honorable Court, that he is not :amena.
BILE and subject. to the laws ,of the Com
monwealah Of Pennsylvania, and that the
Quarter Sessions of Armstrong County
has no jurisdiction In the case.
lie prays that writ of habeas corpus
may issue, and says he is in custody
in the violation of the laws of the United
States.
The Court made thesfollowiug order:
And now, May %, 1890, the within
petition presented in open court and the
prayer thereof $ granted, and it is or
dered that writ of habeas corpus be
issued to w. W. Fiscus, Sheriff of Arm
strong county, to produce the person #
Charles SilveIman, now in his custody.
before this court on Saturday, inlay 81.
1890.
The petitioner is represented by Hon.
c. S. Fettelman, of Pittsburgh, and John
F. Whitworth, of Kittanning. The other
side will be represented by the District
Attorney of Armstrong county. SSMr Sill
verman is well known here, having been
Deputy Collector under Collector Jack.
son.
The case will be fought hard, and is the
first case of the kind in the United States
since the decision of the Supreme Court
OF the United States. 1t is test case and
will be watched with unusual interest by
the entire country. T lere is no doubt
that Mr.. Silverman is backed by strong
combination, AMI is in the fight to carry
it TO the end.
Already many interested persons have
signlied their intention to be present,
and the decision will he watched with
unusual interest.
The attorneys ior the petitioner are
we'll prepared and express themselves as
confident of success.
Mr.. Whltworlh said " Dir. Silverman
courted this prosecution and arrest in or
der that test case might be made, and
he is perfectly confident he will win the
suit, and so am l..
In speaking of the case, Judge Fetter-
man said " believe that have a good
case, or would not have taken hold of it,
1t will effectually establish the recent
rulings of the United States Supreme
Court in the original package decisions
" 1t is the first cuse of the kind yet in
this State, and it will be thorough test
case. believe that the suit will result in
our favor when it is argued IN the United
States District Court on Saturday morn
ing.
" The papers in the case were prepared
bv Armstrong county attorneys, and they
are very thorough. By the way look at
the case Mr.. Silverman will not need to
bavo any undue fear for the final out
como