Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-05-02
ADVERSE TO THELAW.
United States Court Judges Hand
Down a Peculiar Decision.
1T MAY KNOCK OUT HIGH LICENSE
Liquor Can be Shipped Anywhere, Regard
less of a License.
PITTSBURG LAWYERS LEPT IN DOUBT

Pittsburg attorneys are trying to fathom
the meaning of the United States Courts
decision relating to the transportation OF
liquor from one State to another. The de-
cision was made last week, and is in regard
to the famous ''original package" case,
which has been slammed, banged and
jammed through the Iowa courts for some
time past. About the only information the
Pittsburg lawyers have of the case, is the
brief reports contained in the press. They
are an1iously awaiting full copies OF the
decision. When they arrive the matter will
probably be fully digested, and some idea
of what the court means will be had.
In the case decided, the issue was whether
the State of Iowa, or any other State had
the right to prevent the importation and
sale of intoxicating liquors within its bor-
ders. The ruling of the court apparently
means that citizen of another State may
import liquor into prohibition State, and,
without having a license, into a license
State, and sell the same in the bottles, TASKS,
or kegs in which the stuff was originally
placed, As an illustration, liquor may be
shipped from this city into a prohibition
State, or if this was a prohibition district, to
licensed State, and the packages as I'M
ported sold without regard to a license.
1t is thought the decision will affect the
Brooks high license law in this State, and
1t is claimed it will practically render the
law inoperative, to an extent. if this he
true. 1t is alleged the decision will be dis
astrous to high license and prohibition.
THINKS IT AMBIGUOUS.
A call was made yesterday upon W. S.
Pier, attorney for Joseph Fleming in his
famous suit for shipping liquors into Mer-
Ger county. Mr.. Pier did not care about
expressing an opinion on the vague report
of the decision, saying he would rather
wait until full copy of it was received. He
added:
81 think the decision of the United States
Court was to the effect that person who |
ships liquor into Iowa Cat the same time |
knowing that it was prohibition STATED |
from place where he carries on a regular |
business, does not violate any law, and
must be protected by the State provisions
the interstate commerce laws.
Suppose licensed dealer in Youngstown,
O., sold liquor in Mercer county, this State,
a prohibition district; if he collected the
money in Mercer county he would be guilty
of a violation OF the law. IT. however, he
collected the money at his place of business,
and shipped the stuff into the prohibition
districts OF this State there isn't any law in
this country to stop him from continuing |
the practice.
Take, for instance, the borough of |
Verona. The Court refused to grant any |
licenses there, but the people of the borough |
can get all the liquor they want. All they
Will have to do is to come to town, order
their stuff, pay for it, and have it shipped
to them. They can get all the liquor they
want In this way for their own conspmp-
ton, but cannot sell t. The decision of the
United States Court is not a little ambigu-
Gus on this point, and does not seem to be
clear. Any quantity of liquor can be
shipped from this city to Verona without
danger to the shipper. II man in Ohio
did 1t, knowing at the time that it was to be
illegally sold in the borough, the law could
not get at him. We must respect the rights
OF States to exchange commerce, and ac-
cordingly, this Commonwealth could not
shut out Ohio whisky from Verona After
1t reached its destination, it would be the
DUTY OF this State to see that the law was
not violated by its sale"
AS MR.. CHRIsTP SEES IT.
B. c. Christy, the well-known remou-
STRANGE attorney, said: Judge Briggs. of
struck the keynote when he
SAID that dealers in any other State can
ship liquor into prohibition State, but the
purchaser has no right to sell it after he re-
ceiEes 1t. There is nothing to prevent
man from importing it, but there is against
its sale. In the case of Mercer county
against Joseph Fleming, it was finally de-
elded that residents of the county could
purchase all they choose to- but could not
sell 1t when they got it. The decision, as it
appears TO me, is that the court decided
liquor could be imported into prohibition
district from outside the State, and there
was nothing to prevent it. 1 think this is
The correct view of the matter"
Joseph Fleming said: Although there
IS nothing to prevent liquor being shipped
INTO Mercer county, do not banker after
he trade. My past experience is enough
or me. The case was decided in nv favor.
'ut only after a long fight. L only ship
when The liquor is paid for here, and the
ale is made in this city,