The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1890-06-28
That is What the Recent Decision of
the United Suites Supreme
Court Means.
A Man in Pennsylvania Arrested for
Selling Original Packages
Without q License.
He is Tried and Acquitted, and Can
Now Carry On His Bust
ness UnmOlested.

P1TTsBuRa, June ia profound SEN
sation wa created in this portion Of the
state this afternoon by decision Of the
Armstrong county judge in an original
package case. Some days ago Charles
Silverman, a resident Of Allegheny coun-
ty, opened an original package store in
Leachburg, a local prohibition town in
Armstrong county, which is also probi-
bition. Silverman claimed to be acting
as an agent, under power of attorney of
a Cincinnati brewing company Of Hamil-
ton, Ohio. He made his sales and was
promptly arrested, and placed on trial
before Judge Rayburn, at Kittaning,
county seat of Armstrong county. Tenn
| perance people we're up in arms, and
pushed prosecution strongly, claiming
| that Silverman was violating laws by
selling liquor without alicense; also that
he had sold to minors, and to men of
known incorporate habits. Silverman,
| who was backed in his defense by the
brewing company, admitted that he had
! sold beer ir kegs, half barrels and bar
rels, but denied and proved that he
had not sold to minors, and claimed he
had not knowingly sold to men Of intern
perate habits. The defense also claimed
he had not violated any local liquor laws
by selling these original packages, and
proved them to have been nnDroken and
to have been duly sealed and stamped as
required by the United States law; that
there could be no conviction in his case
as, under the constitution and laws OF
| the United States relating to commerce
between the states, he was fully pro-
tected in selling original packages
shipped from Ohio into Pennsylvania.
Jud ge Rayburn, in his charge, refused to
consider evidence of prosecution in re-
gard to the local prohibitory law, and
affirmed those relating to the United
States interstate commerce law. He
said it was a mere question of fact for the
jury to learn whether the packages were
| identical and unbroken cases shipped
I from Hamilton, O., to Silverman. If the
jury were satisfied, the judges charge
continued, that these we're original pack
ages, then Silverman had a right to make
sale according to the recent decision of
the supreme court, and did not VIC
late the Pennsylvania liquor law in SELL
ing without q license; butif found guilty
of selling to minors and to incorporate
men would come unqert the clause of Penn
sylvania laws, prohibiting such sale, for
while the state might not prohibit the
sale'of original packages, it could pro-
tect its citizens, as the minors and in,
temperate clause came clearly within po-
lice regulation of the state. This charge
was most unexpected to the prosecution.
and to hundreds interested who thronged
the court room. The jury remained out
about two hours and a half, and
acquitted Silverman of the charge of
selling to persons Of known Incorporate
habits. Silverman is o%verjoyed, while
liquor people, who have been in hopeless
minority, are jubilant. Silverman says
original packages can now flood every
town IN the state, and the high license
paid by local liquor dealers is practically
money thrown away. The decision is
believed to be first rendered in high
license states. and the outcome is awaited
with interest alike by temperance and
LIQUOR men,