The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-06-14
ORIGINAL PACKAGE LAW.
TEE DECISION OF a COUNTY JUDGE
sTIRS UP WESTERN PENNSHLTANIA.

He HoIds that Liquor Imported from
Another state May Re SOLD In the
Original Package without n License,
Under the Supreme Court Decision.
PITTSBURGH. June l3.-There was sensa-
ton heresbouts to-day over the decision oil an
Armstrong county Judge In an original pack
age" case Charles Sllverman, resident OF
Allegheny county, opened an original package
store several days ago In LeechburR. local
prohibition town in the prohibition county
~ Armstrong. siyerman professed to
he an agent. with power OF attorney for
the Cincinnati Brewing Company OF Hamilton
Ohio He made Gales and was arrested and
placed on trial before Judge Rsyburn at Kit.
tanning the county seat OF Armstrong county
Tbe temperance people were up In arms. and
nushed the prosecution strongly. holding that
silverman was violating tho laws by selling
uouor without q license: also that he had sold
IN minors and to men OF known Incorporate
habits. Silverman. who was backed In his de-
fence by the brewing company. admitted that
he sold beer In kegs, half barrels, and
barrels. but denied and proved that he had not
sold to minors and declared that he had not
knowingly sold to men Of Incorporate habits.
He proved tho original packages to have been
unbroken. and to have been duly sealed and
stamped as required by the United States law.
and contended that there could be no convic-
ton in his case, as under the Constitution and
laws Of the United States relating to commerce
between States he was fully protected In SELL
ing original packages shipped from ONO into
Pennsylvania.
Judge Raybourn, in his charge. refused to
consider the points OF the prosecution In re-
gard to the local prohibitory law. and affirmed
those relating to the United States Interstate
Commerce law. He said It was mere question
OF fact for the jury to learn whether the pack
ages were the Identical and unbroken cases
shipped from Hamilton. Ohio. to Silverman.
III the Jury were satisfied" he continued
that these were the original packages. then
Silverman had q right to mako the sale, ac-
cording to the recent decision OF the Supreme
Court. and did not violate the Pennsylvania
liquor law In selling without license but IL
found guilty OF selling to minors and intem-
perate mon he would come under o clause Of
the Pennsylvania laws prohibiting such sale,
for vhile the State might not prohibit the sale
of original packages, 1t could protect its cti-
zens, 40 the minor and Incorporate clause
came clearly within the police regulations OF
the State.
This charge was most unexpected to the
prosecution and to the hundreds interested
who thronged the court room. The Jury re-
NAMED out about two hours and half and
acquitted Silverman OF the charge OF selling
without license and to minors. but found him
guilty Of selling to persons OF known intern
perate habits. silverman and the other liquor
people who have been in hopeless minority
in Armstrong county. are jubllant. They say
that original packages can now flood every
town In the State and that the high license
maid By local liquor dealers Is practically
money thrown away.
Interviews with Pittsburgh commission mer-
chants disclosed the fact that they have for
some time interpreted the original package
decision In a manner to suit themselves. In
other words. they have been selling oleomar-
Garino in original packages In defiance OF the
statutes OF Pennsylvania They hold that they
cannot be punished, as the law can no moro
interfere with the traffic in provisions in orig
inal packages than with that in liquors. Law.
yers sustain their views.