The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1897-08-11
THE STATE on Top.

The Original package dealers
were struck with the unexpected last
Saturday when Judge Simonton's
definition OF an original package was
made known in the shape OF a judi
cial decision. The decision in
question was the outcome of
number of cases brought
by various foreign liquor dealers
against the State constabulary, and
after so many decisions encouraging
the flooding of South Carolina with
unlicensed booze, the last was a
great disappointment to those con-
templatins running rum shops all
over the country in opposition to the
State Dispensary.
We do not think the question of
"what is an original package" is set
tied by any means, for even the latest
decision leaves room for more test
cases. Judge Simonton, however, in
his decree just handed down holds
that when the original package ar
rives within the State and reaches
the buyers hands, :be interstate com
merce ceases and the police power
begins. A eask, barrel, case or box
of liquor cannot be opened and sold
in this State, but if sold it must be
sold as it was originally shipped
For instance, if d liquor dealer re-
ceives cask of half pint TASKS Of
liquor, he is not allowed to open that
cask and sell single flask, but he
can sell the whole cask. II, however,
the liquor is shipped originally in
separate half pint fasks-each flask
a separate package, the same can be
lawfully sold, providing the revenue
laws have been complied with. In
our opinion each one OF these separ-
ate packages, be they half pints or
gallons. must have revenue stamp
upon them the same as package of
cigarettes. II "a liquor dealer must
have his liquor shipped in separate
bottles and then have those bottles
stamped, it strikes US the freight and
stamps, not to count breakage, Will
make the cost so great that successful
competition with the Dispensary
would be almost impossible The
Objectionable feature to the decision
is that it leaves great room for those
who have no regard for law to have
the stuff shipped, in cases or barrels
and violate the law; they will have a
few bottles to arrive in accordance
with the law, and then it will be al
most impossible to detect them when
a violation of the law takes place.
There is another feature that should
be considered in connection with this
question; i'll order for an Original
package" dealer to sell by the cask
Darrell or box he must be provided
with a revenue wholesale license i
the cask, barrel or box contains a:
much as FIVE gallons. Judge Simon
ton concludes his decree as follows:
Considering all these cases ant
the others quoted in argument, i
appears that the original package i:
the package delivered by the i'm
porter to the carrier at the initia
place of shipment in the exact condi
tion in which it. was shipped. If il
single bottles shipped singly, or if il
packages Of three or more securely
fastened together and marked, or i
in box, barrel, crate or other recep
table, the single bottle in the one
instance, the three or more bottles il
another instance, the barrel, box
crate or other receptacle, respectively
constitute the original package. L
sold or delivered it must be sold OF
delivered as shipped and received
If the package be broken after such
delivery it comes within the police
regulations of the State, and any
sale or delivery in such case is unlaw
ifsl."