Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-05-16
ORIGINAL PACKAGES.
A Conflict of Opinion as to
What They Really Are.
THE BARREL PUT IN BOND
Is a Wholesale Dealers Definition
of the Term.
N0pE TALK AR0TT THE DFCISI0N
THE BARREL PUT IN BOND
MORE TALK ABOUT THE DECISION


There were no "originsl package" liquor
stores opened TOR business in this vicinity
yesterday, unless they were the same old
speak-easv establishments, and in that class
OF saloon liquor in the original packages"
covered by the United States Supreme
Courts decision is seldom found.
The question, though, lost none of its in
terest. In fact, there was more speculation
than ever on the range of the decision and
the possibilities of selling liquor in Penn
sylvania under the Brooks law. That there
will be test case or two was more than
whispered about, but no one seems just
ready to possibly immediate himself upon the
altar for the possible benefit of thirsty hu-
manity in search of liquor and unable to
find enough licensed houses at which to pro-
cure il.
Max Klein, the Federal street Wholesale
liquor dealer, was yesterday asked his
views upon the all-absorbing topic. He
dealt with several phases OF the subject that
have not hitherto been touched upon, and
gave an expert opinion upon the workings
He said:
SORRY IT is so.
i'It cannot be gainsaid that the decision
Of Chief Justice Fuller is sound and logical,
and il strikes q deadly blow at the Brooks
law, for which 1 am very sorry. The
Brooks law is a good law for good men, and
bad law Tor bad men. 1t has helped US to
elevate and dignity the liquor traffic, and
those who are disposed to conduct business
properly and legitimately have been very
much aided by il. In proof Of this state
ment / point to the difference between the
retail establishments of to-day and those OF
five years ago. No one can dispute that
better men are in the business and that the
saloons are cleaner, better located, and in
every respect superior to the time when
Tom, Dick or Harry could 60 into the busi-
ness.
"The Brooks law has suffered by being
interpreted one wav in Somerset county, an
other in Westmoreland, q third in Philadel-
phia, and still another way in Allegheny,
and no law ever devised will furnish a cor
rect idea Of the number of wholesale or re-
tail licenses that should be granted on a
basis of demand and supply. The individ-
ual must find that out Tor himself.
IT MAY NOT PAY.
''Take the cases of dozens of small whole
sslers among those that received license.
After opening up and putting in a year ad-
miring the license the man who has failed
TO do enough business will be the first one to
find out he is not wanted. With retailers it
is, of course, different for any location car
ries with it a certain amount of trade. But
the Brooks law exercises salutary influence
upon the trade in general. For that reason
am sorry to see it virtually destroyed by
the Supreme Court decision.
sit might be we'll, though, not to Jump at
conclusions in regard to the scope OF the
term original package have been think
ing over the matter since read the full
text in THE DISPATCH. The essence of
the opinion is that you can sell once in one
State the original package put up in any
other State. Whisky or distilled spirits
have but one original package'-the barrel
in which the liquor was entered in the
bonded warehouse of the United States. The
spirits must stay in bond three years, and
the barrel, which is stamped when it is en-
tered, must remain untouched until it comes
out, when it receives another stamp. Those
are the United States Government regula-
tions, and they cannot be evaded. Their
very stringency is the most conclusive proof
the original package. Logically the
original package is the first receptacle
into which the liquor or spirits is placed
after being completed in the process OF man
ufacture.
THE ONLY ORIGINAL.
"Here is circular from the authorities of
the National Liquor Dealers Association
which also gives weight to my theory. You
will notice that all quotations are made upon
bonded spirits, not upon gallons or bottles. |
feel sure that if the Supreme Court should
supplement- its opinion with a definition of an
original package, 1t will say that the barrel of
IS gallons capacity which went through bond
is the one and only original package
The correctness of the theory that the
original package is that upon which the
Government places its stamp would affect sales
of beer very peculiarly. The smallest stamp
now sold by the Government is for an eighth
keg Of beer. The only way in which beer could
be sold by the bottle, in the original package
way, would be for the brewer to decant the
beer from the vat into the bottle, and affix a
United States stamp, but there is no stamp of a
denomination small enough. So it is clear that
there is yet much to be explained in regard to
what an original package is. We shall have
TO see an opinion upon test case on the matter.
Meanwhile, it is my idea that anybody who
goes into business on the strength of the opinion
rendered is taking some risks"
NOT IN THEIR LINE.
a Vlslb was palO 70 Snlel Murphy, OF Alle-
gheny, for the purpose of ascertaining whether
"original package" sellers would be arrested in
Allegheny. Detective Glenn was the only one
of the front Office force in the Office and he
said he saw no reason for the interference of
the police. I'VE are not charged with the en-
forcement OF the Brooks law" said he. at is
the county or ward constable who must attend
TO violations or alleged violations. The only
way to watch a sDeak-easy is to station an
officer at the suspected locality. Our force
would not go very far In the execution Of such
q task"
Druggist Kaercher, the steadfast enemy of
Captain Wishart's ultramarine regulation.
thought the original package would be a good
thing for druggists who needed to keep
whisky for the legitimate trade of customers.
but it was his idea that it would be pretty hard
work to watch the sale of original packages.
He said he would like to see Captain Wishart's
face when he tried to suppress Pittsburg
spesk-easy, and had an original package thrust
under his nose.
C0KGPESS NAV C0PRECT 1T