The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1897-08-11
'sspnasnts Loose IN Cars 4ppsar
Qouabls. But State Tiu Prob
ably Test Poiat.


:saanSssnsained save 10 one case The gen.
efsl Interpretation Of original package
ssands, q unders.ood by many st the
Stimes Judge Simonson decided that for
espn dealers had The right 70 cell liquors
ssin osieinal packages within the State
md that so much OF the dispensaty ac:
.hieh forbade snch sales was nncon-
! ssisutionas.
Judge Sinopton constrnes an ''orlg-
inal paokage' TO mean the package as
IS Is handed to the commoo carrier and
aesigered to tue consignee. Il the bog
81 barrel iia opened and bottles removed
I sach box or barrel ceases 20 be an orig
inal package
81 the terms Of the decision as con-
gstrued hare, liquor house will have 20
sasip their goods into the State IN .
loose state, as was done BY Guckeu-
heimer s Sons. that the bottles may be
NsoId iadividually
Tie decision is considered victory
for Guckenhssmer & Sons. as their
aeents did not have occasion to open
bsrrels Of boxes. the liquors being re-
seiyed IN loose state.
The following is the full text Of the
decision
Tue United States Of america Dis
.trics Of South Carolina-In the Cir
cult Court Fourth Circuis. 10
Equity
sS Guckenheimer 4 Sons. vs.. w w.
M Sellers es IL. Charles DC. Pfeifer &
ca. Is Perry D. Gilrath et al
Charles NJ Pfeifer & Go. vs. j b.
81 Moorbeard ct al The Portner
rexing Co. se. ] b Moorheard
81 81
These four cases. differing souewh hat
gin detail, have been heard together.
Fhey al present the same question,
What Is 40 aaginsl package? aud be-
fore any Of these can be decided this
question must be first settled.
III has been established by decisions
rbieb cannot now be questioned that
iquor imported into State are subject
IS She exercise Of It's police power.
whether brought IN original packages
90 osherFiss. And that when tie use
os intexioating liquors IS q beverage
has been forbidden by State law as in-
;urious 10 the health, welfare of the
State, no sale OF snch liquor can De
made within that State, for such pur-
pose, 81 any one either resident or Inn
porter. Il has further been established
81 tie decision Of the saprems court
TIA. me diapensary law of South Caro-
sina does not declare the uss Of iosoz-
ieating liquors as beser age injurious
sto the health. welfare and the safety o.
the State. That, on the contrary, the
Skate itselfinports 10 quantities and sells
81 profit intoxicating liquors for use
aa beverage. That the prohibition
b7 the State itself or With
tie consent Of the State, is
not the exercise of the police power,
but an interference With and regula-
ton Of inserstate commerce. That
under the Constitution Of the
Unissd States such interference aud
regulation are void But the police
power begins when interstate con.
merce ends The imported article
when is comes into State and becomes
mingled with the other property of the
State becomes subject to all io:ra state
commerce regulations. Aud in South
Carolina the State. in the full and law
ful exercise of her police power, has
both IN The Constitution and 10 the dis
pensary act. made such regulations
which must be obeyed Interstate com.
nerce protects only that which is the
subject Of commerce. which is traus-
poried over the lines of interstate com
.sunica,icn. and ouly so long as it pre-
serves the form aud remains the exact
subject Of importation. When it is
brokea or wben it changes it's fosm,
when it passes from the importer to the
baYer, It ceases to be an article OF To-
serssa,e commerce aud no longer enjoys
It's protection
4 cask of brandy may be imported
into State whose laws recognize that
intoxicating liquors can be advantage
ousis used as beverage; and in that
form Gao be sold BY the importer. But
he cannot change the form of the pack
age, nor open it, nor draw from it, nor
sell parts Of it. He can only deal with
i. as a whole, if the State laws regulate
or cou.rol, or allow the. sale on coodi-
siou or 10 prescribed method. of To-
toxicating liquors as a beverage. And
unless the State laws permit it. no pur.
chaser Of the imported cask can sell or
dispose Of it 50 another IN any way 10
rbole or ia part.
The original package only being pro-
te.ted under the Law of interstate CON-