New-York tribune., 1897-08-10
"ORIGTNAL PACKAGES" AND THE DISPEN-
SARY LAW

Another important decision. involving the
scope and validity of the South Carolina Dis
pensary law. has Just been handed down by
Judge SimontOn in the United states CIRCUIT
Court for the Fourth Federal Circuit In
series OF earlier opinions Judge Simonton had
sharply developed the conflict between the non
importation clauses Of the Dispensary act ana
the privileges If interstate commerce guaran'
teed by the Federal Constitution. The South
Carolina authorities had asserted that all liquors
brought into the State under the operations OF
the Dispensary statute were subject TO the Tree
exercise of the States powers OF police. But
the Circuit Court had held that the police pow
crs claimed for South Carolina could he properly
exercised only by States which absolutely for-
babe the use Of liquors as beverage on the
ground of injury to the health, welfare or safety
of their citizens Inasmuch as the Dispensary
law had not declared the use of liquors as a
beverage Injurious to the health, welfare or
safety Of the State. but had, on the contrary.
simply established State monopoly in the sale
Of liquors. Judge Simonton could find no ground
for constituting the laws denial Of the right OF
importation as legitimate use Of the police
power He had accordingly declared the non
importation sections Of the act null and void
as an attempted Interference with and regula
ton of Interstate commerce.
These decisions seemed TO drive a coach and
four through the legislation on which Mr. Till
man had counted to establish the credit and sol
vency of his Dlspensa.y system Under the
provisions OF the Interstate Commerce law
liquors could be brought into South Carolina
in the original package without let or him
drance and for year past an increasing traffic
in packages Of liquor c0nstructvely "originar
has been carried on TO the grave detrlment or
the revenues Of the State. Mr. Tilman tried to
meet the changed situation by Introducing in
Congress G bill subjecting to the operation of
local regulations all liquors brought into State,
whether in the form Of original packages or
not. But though the Senate passed this amen
datory legislation at his request, all efforts 10
secure action on 1t in the House of Represent
atives failed at the session of Congress just
ended. at home the Dlspensary authorities
struggled to check the traffic in original pack
ages" and several cases. designed to test the
scope Of the importing privilege granted by the
Interstate Commerce clause Of the Constitution.
were taken to the courts. Yet, on the whole,
the State administration and It's followers could
find but little encouragement in the outlook;
for their pet scheme of taxation had been as
sailed at it's most vulnerable point. and under
increasing private competition its revenue-pro
duclng powers began 10 show decided signs Of
failure.
In It's extremity aid seems TO have come to
the Dispensary monopoly from most unex-
pected quarter. If opinion in South Carolina
Is not widely astray, Judge SlmOnton's latest
decision will go far toward repairing the
tn fl. Inv
earlier opinions enforcing the right to import
liquors in Original packages under the Pgls Of
Interstate commerce. The main point settled
by the Court last Saturday was what constl-
tuted an ''origlnal package" and the rigor of
the definition adopted by Judge Simonton leaves
practically no loophole for general traffic in i'm
ported liquors within the borders Of the State.
The original package is defined as "the pack
age delivered by the importer to the carrier at
"the initial place Of shipment, in the exact condi
"tion in which 1t was shipped. II sold or tie
"livcred. It must he sold or delivered as shipped
land received If the package he broken after
"such delivery. it comes within the police regu-
"lations of the State. and any sale or delivery
"in such ease Is unlawful"
Under this definition no cask. crate box or
basket Of liquors can he broken or divided after
crossing the State line-a regulation which will
make a continuance OF the quasi-retail trade
which has recently been attempted in the State
an economical lmpossibility. The decision is an
elaborate one. based on a long list of rulings
and references. some Of which are pointedly at
variance with others. Its validity and impor-
tance for the settlement Of other vexed prob
lens of interstate commerce remain to be de-
termned. But its immediate effect will doubt
less be to reduce TO an insignificant volume the
private importaions of liquor into South Caro-
lima. and 10 give life to the curious expert
ment in sumptnary legislation now in progress
there