The county record. [volume] (Kingstree, S.C.) 1885-1975, 1897-07-22
THE LIQUOR SITUATION.
Attorney-GeneraI Barber's Meaning
of the Term "0riginaI Package"
WON'T GIVE UP THE FIGHT.
Simonton's Decision is the Law Of the
Land, But the Dispensaryi is Running
Along Smoothly, Just the Same.

The situation is quite interesting just
now as to the liquor traffic in this
State. Judge Simonton's decision has
let down the bars for competition for
the dispensary. The State intends to
take an appeal at once to the United
States Supreme Court. It is hard to
tell what will be the fate of the dispen-
sary in the interim. If the appeal is
taken no matter how the case is ad-
vanced upon the docket a decision
can hardly be expected before next
spring.
A representative of The State in an
interview with Attorney General Bar
ber, asked this question: What Is al
original package?"
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 be-
tween counsel as to what constituted
an original package. From this infer
that if his honor entertains views as to
what constitutes an original package
different from those submitted by coun-
sci on both sides he would have said SO
in his opinion. In this connection you
might publish the propositions an.
nounced by myself in my argument OF
the case and conceded by Mr.. Nathans,
the counsel for the petitioner.
These are the propositions as stated
by Acknowledgement Barber IN his ar
gument:
"What is an original package? From
all the cases we announce the following
propositions.
81. Any package containing five gal
Ions or more, when imported by man
ufacturer or rectifer and wholesale
dealer, to be an original package, with
in the meaning of law, must bear the
stamps and brands required by the rev.
enue laws of the United States.
"II. Any package containing less
than five gallons put up by manufac-
turer or rectifier and wholesale dealer
is an original package, without stamps
and brands, SO long as it is exactly the
condition in which it is imported.
"III. When liquors are put up IN
bottles and a number OF bottles are
packed IN box or case, the box or case
is the original package.
CIV. If bottles are shipped in cars
packed in straw or otherwise. each bot
tie cannot be considered an original
package and sold as such"
It is thus seen that the policy OF the
State will be to even deny the right to
get original packages OF liquor In
stamped TASKS shipped within the
State in carload lots packed in straw.
Continuing, the Attorney. General
said that the State authorities had de-
cided to Immediately take an appeal to
the Supreme Court OF the United
States from the last decision OF Judge
Simonton. He remarked that he would
use his every endeavor to have the case
advanced upon the docket and get q
decision at the earliest possible mo-
ment. He would haye the case heard
at the November term Of the court and
try to secure an early decision. The
November term of the court continues
from November through to the follow
ing srring, so it is seen that there is no
telling when the case will be gotten up
for argument. 1t will certainly be
several months before any decree can
be obtained from the Supreme Court
of the United States and in the interim
Judge Simonton's decision is the law
Of the land. Original package stores
can be operated as long as they are run
in conformity with what was laid down
in the decision, and in accordance with
the States Interpretation of the mean
ing of she term original package. The
latter, however, if decided adverse to
the State by Judge Simonton, will be
but short lived as q restriction. aud 1t
looks very much at this moment as If
the issue will be decided without
delay. ;.
running along smoothly and those in
charge do not seem to be worried about
the situation. Commissioner Vance's
employees are going on putting up
the usual amount OF liquor and the
shipments to county dispensaries are
going on as if nothing had occurred.
When Governor Ellerbe was seen he
said:
81 am not going to give up the fight
by any means. I intend to push 1t
through to the end and I believe that
in the end Judge SlmontonS decisions
will be overruled by the supreme court:
The dispensary will run on Just as 1t
has been going. I don't think ae board
of control will make any chan ses in its
policy" He was asked if he did not
think there would have to be reduc-
ton in the price of liquors. The reply
was that he did not suppose there
would be any reduction whatever, but
Of course he could not tell what would
be done under new circumstances as
they arose. -,
Senator Tillman in an interview with
an Evening Record representative had
this to say on Judge Simonton's decis.
ion. while in Columbia last week:
''When it was suggested that Simon
tion's last decision might seriously
cripple the dispensary law, Senator
Tillman said the thing to do was to
watch the original package stores
closely and make them live up to the
restrictions Of Simonton's decision. In
the meantime, the expenses OF admin
istering the dispensary Law should be
reduced to the lowest possible figure:
Ths State would doubtless appeal, and