The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-11-14
ROAD MUST HAUL THE RUM.
BLUTHENTHAL & BICKART WIN
THEIR CASE IN COURT.

Judges Pardee and Newman Hand
Dovn a Decision in Favor of the
Liquor DeaIers-It COmpels the
Railroad to Haul Liquor Into
south Carolina in Carload Lots
Under the Original Package De-
cision.
Atlanta. Ga, Nov. 1S-The Southern
Railway and the state of South Carolina
have lost their fight with Blumenthal d
I3ickart, the Atlanta whisky dealers
whose goods were recently barred out OF
the Palmetto state. Judges Don A. Pardee
and W. T. Newman Of the federal circuit
and district courts, to-day handed down
their opinion in the now celebrated case
enioining the railway company from re-
f,Ising to carry the goods of the Atlanta
whisky dealers into the state of South
Carolina. where the dispensary law pre-
walls. In their decision the judges hold
that wines and liquors in bottles packed
in wooden cases and rendered in car load
lots are in proper condition for shipment
and should be received by railroad
The case has attracted considerable at
tention since the filing of the petition tor
Injunction some weeks ago in behalf of
Bluthenthal & Bickart. The petition charg-
ed that although the Southern had hauled
large quantities of whisky into South
Carolina for the firm, it had suddenly de-
cided not to transport any more for them.
1t was charged that the governor OF south
Carolina had threatened to take away the
Southern's right to operate in that state
if il hauled in any more whisky to com
pete with the business of the dispensary.
The charges of collision between the rail-
way and the governor were highly SEN
eational. but were emphatically denied by
the Southern officials, as well as by Gov.
Ellerbe.
The answer of the Southern stated that
the whisky had not been presented ~
proper condition for shipment, and would
not fall within the original package law
as decided by the federal court in South
Carolina.
The decision is very important one and
will be noted with great interest by ship
pers all over the country. 1t is in fun as
follows:
s'In the circuit court of the United States
for the Northern district of Georgia, +.
B. Bluthenthal & NJ. l.. Bickart VS..
Southern Railway Company. Bill, etc.
'eThis cause came on to be heard on APP
plication for injunction pendente lite and
was submitted upon affidavits and argued.
Whereupon the court, being of the opinion
that the business of the compliments of
transporting liquors into the state of South
Carolina for sale there under lawful po-
lice regulations of that state is legiti-
mate business, which is entitled to De pro-
tected; and that the Southern Railway
Company as a common carrier, is required
to receive and transport the goods of COM
plainant when rendered in such package as
viii constitute reasonable and safe cond-
ton for Shipment and being of the opin-
ion, under the evidence submitted that
wines and liquors in bottles, packed in
wooden cases and rendered in carload lots
as described in the compliments bill and
amendments thereto are in reasonable and
proper condition for shipment, and the de-
PENDANT company should receive and trans
port the same. 1t is ordered that an in
junction pendente lite issue enjoining the
defendant company from refusing to re-
ceive and transport carload lots of the
compalnants goods packed and protected
as set forth in compliments bill when ae-
companied with a waiver releasing the
carrier from all waste and breakage not
the result of the negligence of the defend
ant company, or its agents.
"In open court, this Nov. g, 1897 Don
"A Pardee, Circuit Judge. w. T. Newman,
United States Judge"