The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1897-08-10

iiilcS VI llitcIStutc OlllullIllCuIlOn,
and only 80 long rs it preserves the
form and romans tho oxuct subject
of importation. Whom it is brokon
or whom it changes its form, when it
passes from tho importer to tho
buyor, it ceased to DO IN article of
interstate commerce and no longor
enjoys it's protection.
A cask of brandy may be imported
into State whose laws recognize
that Intoxicating liquors can bo adj
vaEtagoously used rs Il bovorago;
and in that form can be sold by i'm
porter. But ho cannot change tho
form of tho package, nor opon it, nor
draw from II, nor soil parts of it.
Ho can only deal with it rs Il
whole, if tho State laws regulate or
control, or allow tho snlo on condi-
ton or in prescribed method, Of
intox 'cating liquors rs beverage,
And unless tho State laws permit it,
no purchaser Of tho imported cask
can soil or dispose of it to another in
any way in whole or in part.
Tho original package only being
protected under tho law of Interstate
commerce, tho question, what is an
original package, is Of grave impor-
tancc. In arriving at conclusion
on this question no aid is given from
acts Of congress, rs is afforded in as
cortaining what is an original pack
ago in tho matter of cigarettes, an
other article of Interstate commerce.
which frequently clashes with police
regulations. Congress in sections
1892, 1881 Of tho revised statutes
has prescribed what shall bc an ori-
ginal package of cigarettes. No
similar provision has boon made
anywhere with regard to liquors.
For this reason tho cases quoted
relating to cigarettes cannot aid us.
Gin ro Minor, So Fod Rcp., 23o.
State VS.. McGrcgor, rs Fcd. Rep,
057 State VS.. Goctzc II So. H.
Rop., 22o.
An examination Of tho largo num-
ber of cases which huvo boon quoted
by counsel shows that the question
under discussion is largely qucs-
tion of fact, dotcrmlnablc by tho
circumstances of each case. A toxt
writer in tho Amcricun English
Encyclopaedia of Law, Vol. II,
says: Gan original packago within
tho sonso Of tho intcrstate commerce
regulations is the unbrokon package
imported into Il State from another
State or foreign country before
by sale or otherwise it gots into tho
mass of the general property in the
Stat" "
Tho form or size of tho package
the importer determines for himself
State Vs. Wintors, % Pacific Rep
Wansas) e235. However small tn,
package may be, 80 long M it is aI
original package it is protected. U
ro Boino, az, Fed. Rep. 5l5.)
If, however, tho package as put NJ
by tho importer contains, mum
ber Of other and smaller packages
each sealed, such as bccr bottlos in
a barrel, or vino Or whislloy in case
to which would the term orgina
package apply, tho bottles Coach,
or the barrel or box?
The decided cases aro not uniform
in their answer to this question. II
State Va. Keith, 81 Ala, these wore
the facts: "Tho liquor was shippoo
by Lowonthal Il Co., Wholesale an(
retail liquor dealers residing II
Nashville, Tenn, in half pint ant
quart bottles. Tho bottlos were
separately wrapped in tissue paper
each labeled "origlnal package" will
tho name Of the importer and ship
per, in an open Eox with hay lai'
between them, each box marked
with tho number of bottles, and thci
sizos, contained therein. From thu
bill of lading in evidence it appeared
that the box contained 1915 bottle
and % jugs of liquor, and tha
shipped at tho samc time wore Y
casks containing bottles Of beer an'
three casks containing bottles of ale
This was donc to facilitate shipment
Rion sold whiskcy rs tho agont O
importerby tho single bottle wrapped
and labelled as stated. Aftor ~
elaborate opinion tho court hold tha
tho boxes and barrels, not the bot
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