Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1897-07-21
The Meaning of the Term 'Orig-
inal Package"

The State authorities do no
seem to have any further doubt a
to what the exact meaning Of th
term Original package" is in vieV
of the reference to the agree men
of counsel or both sides as to th'
definition of the term made b.
Judge Simonton in his last deci
sion, and are confident that tn
propositions in regard 10 the tern
made by the attorney general il
his argument will stand the test
But all the same there is grea
deal of speculation among tnos'
who are contemplating opening
original package stores. They hat
expected Judge Simonton to fully
define the term.
But no doubt the court will sool
have an opportunity to make tht
matter clear in 80 many words
Yesterday morning a citizen O.
Chester, acting as agent for par
ties residing outside the State
opened an original package store
in that town. He opened ur
at 7 O'Clock; by 80 the State of
fcers had seized his stock ane
stored it in the county dispenssry
and the proprietor was in q. mag
istrate's Office to answer to the
charge of violating the dispsnsary
law. This case will bring the
matter up squerely before the
court, no doubt, for the proprietor
got his liquor in bottles in cases
broke the cases and begun the sale
of the Individual bottles.
The situation lie quite interest.
ing just now as to the liquor traf'
fic in this State. Judge Simon
toms decision has let down the
bars for competition for the dis
pensary. The State intends tc
take an appeal at once to the Uni.
ted States supreme court. 1t is
hard to tell what will be the fate
of the dispensary in the interim
If the appeal is taken no matte,
how the case is advanced upon the
docket a decision can hardly be
expected before next spring.
Yestarday morning Attorney
General Barber returned to the
city. He was greeted with the
question: "What is an original
package now?"
The reply was: "Judge Simonton
has not said in this case what he
considered an original package,
but he has said that at the hearing
it appeared that there was no
difference of opinion between
counsel as to what constituted
an original package. From this I
infer that if his honor enterains
views as to what constitutes an
original package different from
those submitted by counsel OH
both sides he would have said so in
his opinion. In this connection you
might publish the propositions
by myself in my
argument of the cass and conceded
by Mr.. Nathans, the counsel for
tie petitioner.
These are the propositions az
stated by Attorney General Barber
in his argument:
"What is an original package?
From all the cases we announce
the following proportions.
81. Any package containing
five gallons or more, when imported
by a manufacturer or reotifer and
wholesale dealer, to be an original
package, within the meaning of law
must bear the stamps and brands
required by the revenue laws OF
The United States.
"II. Any package containing
lees than five gallons put up by a
or rectifier and
dealer is an original
package, without stamps and
brands, SO long as it is exactly the
condition in which it is imported.
"III. Whom liquors are put up
IN bottles and a nuber of bottles
Ire packed in a box or case, it is
he original package.
"IV If bottles are shipped in
,ars packed in straw or otherwise,
zach bottle cannot be considered
an original package and sold as]
'uch."
It is thus seen that the policy
# the State will be to give the
light to get original packages of
liquor in stamped TASKS shipped
7ithin the State in carload lots
packed in straw.-Columbia State.
,Ina nnle Sharhet at,thn HI,urav.'