The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1897-09-29
RUN ON THE RAILR0lD.
80 >RIGINAl- PACKAGE ISSUE IN
COURT At ATLANTA

The Southern Rails. Refuses TO Haul
R.utheu.hsl X I..cIa-t's L:qnor--The
Ei-rn seeks TO (, mp 81 it to do So.
Till0an's wiCelT celebrated South
Carolina dispensary law igured IL a
very important hearing before Judge
Newman Of the United States circuit
court in Atlanta on Tuesday. The hear.
ing was op bill brought by B!rlhenth
al * Rickart, through their attorneys,
Glenn, Station & Phillips, to c0mpel
the Southern railroad to bring whiskey
into South Carolina. the bill prayed
that Judge Newman grant an order
forcing the road to carry the wh:skey
as regu!sr f.eight. Conspiracy or col
lusion was charged against Governor
E.lerbe of South Carolina AID Traffic
Manager Cu!p Of the Southern road in
the bill of the plaintiffs. Attorney
General Barber 3f this State was there
10 represent srd defend the governor.
judge Newman declined to grant any
order Ia tie case a. present, but took
,he mattar under consideration.
O.iginal packages were the immedi-
ste cause OF the trouble which Judge
Newman was called upon to al ] ,st;
Since Judge Slncnton's original
package decision, liq1or dealers in
Atlanta iavG been shipping grea!
quantities of whiskey to South Caro-
Ina housing it in stores and disposing
of it in original packages The South.
era railroad has bsea hauling this
freight, but on Sept l6. it issued an or
der Gee icing freight not packed secure
" enough to prevent damage from
braasaee snd ret packed in such
manner as to answer al the r. Qlire-
nents OF the original package law.
This stuf eff much of the freight
which had been shipped from Atlanta
not encassd
Bluthenthal & B.ckart, Atlanta
whiskey dealers, Lad established agqn
cies in the towns in South Carolina
and were hit harder by this decision
of the roads than any other whisky
house in the country. They es.ao-
lished these agencies on the strength
of Judge Simonton's decision and af-
ter the Southern road had accepted
shipments Of uocased goods, As the
Southern roa6 Is the only medium by
which they can reach their South Car
olioa agencies they feel that they have
gri- vance. The general belief is
that the wh;skey men have no case.
Some time last month the dispensa-
ry coDs.ables of South Carolina seizsi
a consignment of whiskey which had
been sent to that stste by Bluthenthal
& Bickart over the Southern railroad.
They claimed that the whiskey was
not the regulation original package
kind which Judge Simonton in his
ruling made it legal to sell.
Blulhenthal & Bickart Immediately
brought q bill of pjanction against
the constables to restrain thsm from
Selling the whiskey. lhe dill came
up before Judge Simonton for hear
ing and that federal court J ldge at
once issued an order restraining the
constabulary from interfering with or
se:zing the whiskey Of B.utherthai 4
Bickart
Ga September IS h. J. NJ. Culp, traf-
&c manager OF the Southern railway,
issued an orderi o q circular, refus-
ing to haul any consignment OF whlS
key, not properly packed in crisi insl
packages and which was not safely
and securely iccssed il packages that
would prevent bres kaye.
The circular stct cus the whiskey
of Blu,beuthal and B.ckart and
they filed the mandatory bill herd
Wednesday, asking that the road be re-
strained from carrying It's circular
into effect.
Messrs. Glenn & Slaton argued the
case for the whiskey firm, while Col.
onel Albert Howell appeared for the
railroad. Mr.. Glenn argued that
there was collusion between Cover
por Eilerbe and the officials Of the
Southern roa5, which, ne ssh, was
the real reason OF the refusal of the
road to carry the whiskey for the
whiskey firm.
Mr.. Howell claimed that the road
had refused 10 carry the whiskey in
the shape in which it was presented
for shipment becsu e of its periShable
nature and because Of danger Of
violation of the dispensary law, He
said that some of the wbiskey was not
in original packages and that 1t would
have been breach of the law to car
ry it. He claimed that the whiskey
when rendered to his road as freight,
was no. properly packed and that the
Loose glass bottles ana jugs would
have been easily broken.
Mr.. Howell further argued that the
Southern was not in g position OF re-
fusal to carry the whiskey Of the plain
tiff. He explained that the road would
carry all legal freight, bu. that 1t
would not carry whiskey that was no.
in original packages and that was not
properly packed 50 that it would not
break. He said that the road by car,
rying whiskey rot in original pack.
ges would lay itself liable to prosecu,
ton for violation Of the law and that
by carrying loose bottles and j1gs
would lay itself liable to suit for
damage on the shippers part for
breaking and destroying whiskey bot
ties. H. said thai when the plaintiffs
offered as freight whiskey that was
properly packed and was OF the kind
which Judge Simonton ruled was lie
gal freight, the road would cheerfully
carry it.
Il was tue contention Of the a:tor
neys fer the pjaintiE tha this was not
the real reason for the refusal. Taey
alleged that BIuthenthal & Bickart
had slare3 contrac. with every bill
of lading releasing tie read from all
response oility for breakage or loss ex
cspt b. non-nauling. This bill OF the
plaintiffs alleges that a conspiracy
exists between Governor E:lerbe and
the officials o. the Soltlern road. 1t
l ! ,lS.