The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1897-09-29
SIXTY GALLONS SEIZED.
SHIPPED VA sEAeOARO AIR LINE
ORDER NOTIFY"


, rhr S;ata Au:iori.I-- Claim ThAt Tho
Sh,pms mt vvss NJ. II Conformity With
the Tand.Iccck D clsl N
The ccrsta5lss seized sixty jugs Of
whisbey Thursday which were con
signed to "W. B Mse'ze, agent, order
notify, Cclum bia, S. c." Tne seizure
was made in accordarc9 with orders
from Governor L lerbe after legal al
vice had been drained from the al
torrey generals ofics.
The stuff arrived here wednesday
nigh. via ina Seaboard Air Line, aud
the shipment was ready for delivery
Thursday morning. The corstables
made an examiaa.iou OF the shipment,
a d noticing that the liquor had been
sent ''orde! rotify," at oLce made
known that fact to the state authori
ties.
As is perhap; kno IN, order otify"
means ttat the consignee is net in i'm
mediate possession of the bill OF lad.
ing, but thatthe dealer has sent the
bill to some bank or banking institu
ton to be given to the corsienee when
the amount Of tie goods has been
paid.
IN this event, it was clearly evident
that if the delivery OF the sixty gal
lens wss made sale Of the stuff
would have been made in South Caro-.
lira, aud of course, in direct violation
Of the dispensary Law. Consequently,
the Only question to hsve been de
cidei was whether an agency existed
between the dealer and the consignee.
The legal construction on the ship.
ment consigned ''order notify" was
that no agency existed, and g sale,
pure and simple, was aboutto be con-
sumated.
The Ia Tor was ordered seiz:d, and
Gu Ing tue afternoon t'.s sixty gallons
were sent to the state dispensary.
Mr.. Meetzs, the consignee, was seen
by Register reporter, and he said
that he knew nothing about the ship
ment: that perhaps some mistake bad
occurred for be had never had any
dealings with Paducah, Kentucky,
firm from whom the stuff came.
Mr.. Mee'z, said that he had never
received the bill of lading for the stuff,
and did not know of its arrival until
he heard OF the seizure.
The state authorities will hold the
whiskey subject to further investiga-
ton. The house that shipped the Ii
qlor may take some action, but it is
claimed that the shipment was in vic
lation OF Ju ige Simonton's decision in
the Vandercook case.
Each gallon jug was in "Tater
bucket" packed in straw, the vessel
being partly exposed.
Oder notify" means about the
same as &c. O. D." and the state au-
tborities contend that the shipment
was an open violation OF the law.
The authorities concede," said
prominent official Thursday, ''that
citizen can ship whiskey for personal
use, but inasmuch as this shipment
was out OF the personal use' question
the right on the part OF the state to
se;z, the stuff can hardly be qIes-
toned"
Continuing on different line he
said: MY idea is to subordinate all
these minor cases to the main issue.
I trust that case involving the ques-
ton as to whether non resident has
the right to establish agencies in South
Carolina for the purpose of selling
original packages may be soon pre-
pared for the supreme court ct the
United States in order 10 settle the
question once aud for all. So far as
am concerned. would like to see the
main case before the highest court In
the land before the convening OF the
legislature so that there will be no
doubt as to which side is right. The
decision OF Judge Simonton on what IS
an original package csn BE- carried
to the court OF appeals. Bat It is
quite likely that very soon the facts
in a case involving the main question
will be agreed on, and it may De that
the case can be docketed and heard
before January 1st. All these subsi.
diary cases are annoying and result IN
expensive litigation, and it seems that
instead OF getting the matter finally
adiudicated too much time is being
spent on cases which do not touch the
material issue"
Ii is quite likely that efforts will
soon be made by the state authorizes to
get up case involving the essential
points about non residents establishing
agencies in the state and selling 'ori-
einals, az 4 carry it at once to the
highest court in the land in order to
set al res! so much litigation -Colun-
bia Register.