The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1892-04-08
The "Jug Case, Ended.

Washington dispatches of Monday
Whitehall, N. Y. A part of his business
was the fulfllment of orders received
from the prohibition town of Rutland
Vt, east of Lake Champlain. AS fast as
orders were received from Rutland and
the vicinity, O'Neil would ship jugs con.
tanning the liquor by express, marked
&C. o. d. the person ordering paying
express charges. He was indicted for
violation of the law of the State of Yer
mont forbidding unlicensed sale of in.
toxicants. The trial resulted in his con-
viction of 157 offenses against the law,
and fines were rolled up to the amount
of 50, 140 and costs. One months i'm
prisonment was also ordered, with adj
ditional Imprisonment in case the fines
were not paid. O'Neil appealed, but
final judgment was given against him by
the Supreme Court of Vermont in Feb
ruary, 1886.
'This case is really the original of the
original package cases before the United
States Supreme Court, it having ante
dated the case from Iowa, the decision
of which created such stir throughout
the country and resulted in the enact
ment of legislation by Congress confer
ing on the States power to regulate in
terstate commerce so for as related to
the Introduction of liquors into their
borders. Owing to more active prose-
cutiOn, however, the Iowa case was de-
cided before argument begun in this
case.
"The present case is entitled John
O'Neil VS.. the State of Vermont, and
comes up on an appeal from the decision
of the Supreme Court of Vermont by
O'Neil. In the argument here ex-Sena-
tor Garland represented O'Neil and eX-
Senator Edmunds his native State. Adj
ditional interest was lent to the aTgu-
ment by the address of Mr.. Edmunds,
who lectured the Court on it's decision
in the Iowa case and informed the JUS
tees that in his opinion they had render
ed in that case an opinion which was not
in cOnsonance with the Constitution, and
admonished them to return once again
to the proper principles of constitution
al construction. The argument in the
case was principally directed to the
same points as in the Iowa case, namely,
as to whether or not the act of the State
in arresting the seller of the liquors was
in violation of the interstate commerce.
To-day the United States Supreme Court
decided against O'Neil and dismissed
the writ OF error, holding that the sale
took place in Rutland, VT, and not in
Whitehall, N. Y, and that, therefore,
there was no federal question involved
of violation of the interstate commerce.
Justices Field and Harlan dissented"
Ldter.-The decision in the United
States Supreme Court in the famous
O'Neil jug case, says the Herald, was
read with a good deal Of interest in
town. This decision sustains the decis-
ion of the County Court, where it was
tried before Judge Veazey, and also the
decision of the Supreme Court of the
state, whence it was taken TO the United
States court on writ of error issued by
Chief Justice Royce. The case now
comes back to the Supreme Court of the
State, which sits in this county next
January. O'Neil will probably be SEN
fenced at that time. There are 307 sec
ond offenses against him on the docket
of the County Court.