The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1897-08-11
vised statutes has prescribed what shall


be an original package of cigarettes.
No similar provision has been made
any where with regard to liquors. For
this reason the cases quoted rela!iag to
cigarettes cannot aid US. (In re Minor.
SO Fed. Rep. 235. State vs. Nc
Gregor, rs Fed. Rep, 957. State W
Goetse. q, So. E Rep 225
An examination of the large 1umoer
Of cases which have beeu quoted by
counsel shows tha: the question nnder
discussion is largely question of fact,
deteruina5le by the circumstances OF
each case. A text writer 10 the Amer
icau ADD Eoglish Eoc5clopedia of Law,
Vol. Il, says: "An original package
within the sense of the interstate, COM
merse regulations is the uobroken
package imported into State from ao-
other State or foreign country before
By sale or otherwise it gets into the
mass of the general property 10 the
State !"
The form or size Of the package the
importer determines for himself State
ys. Winters, 25 Pacific Rep (Kansas)
235 However small the package may
be. SO loog as it is an original package
it is protected. I'm re Beine, AZ. Fed.
Rep. 545
Ii. however. the package as put up
by the imp porter contains q number of
other aud smaller packages. each seal
ed, such as beer bottles in barrel, OF
wine or whisky in a case. to which
would the term original package apply.
the bettles Teach or the barrel or box
The decided cases are not uniform
in their answer to this question In
State VS.. Keith, 81 Ala, these were
the facts: The liquor was shipped
by Lowenthal & Co, wholesale and
retail liquor dealers residing in Nash
vile, Tenn , in half.pint, pint and
quart bottles. The tottles we're
separately wrapped in tissue paper.
each labeled Original package" With
the name Of the importer and shipper,
in an open box with hay laid between
them, each box marked with the num-
ber of bottles, and their sizes. con-
tained therein. From.the bill of lad
ing in evidence it appeared that the
box contained LOIS bottles and 25
jugs of liquor, and that shipped at
the same time were 20 casks contain
ing bottles of beer and three casks
containing bottles of ale. This was
done to facilitate shipment. Rion
sold whisley as the agent Of import
er by the single bottle wrapped aud
labelled as stated. After an elaborate
opinion the court held that the boxes
and barrels. not the bottles. were
original packages. A similar sede
cision was made in South DAKOTA.
State VS. Chapman, Al Northwestern
Rep. AL. And also in Nebrasks,
Harley vs.. the State. 60 Northwes
Rep. 962. And in Iowa, State VS..
Coonan. 48 Northwestern 92l, holds
that the bottles if sealed without the
State were the original packages and
not the boxes or barrels in which they
came In Commonwealth VS. Beck
man, 81 Atlantic Rep. IL, the court
is emphatic In that case the agent
of dealer in another State received
on consignment pint and quart bot
ties of liquor, each bottle in a paste
board box, sealed with strip OF
paper across the lid and stamped with
the name of the firm These pack
ages came in boxes and barrels to the
agent, who unpacked them when they
arrived and put the pasteboard pack
ages on the shelves The court says
on this state of facts: "Tbe claim
of defendant that he was selling only
in the original packages was little
better than burlesque"
The Federal cases are few in nam-
Der. Judge Hall. of the district of
Mississippi. held Gin re Harmon. 43
Fed. Rep. 372) that when bottles Of
whiskey were put in wooden box
AID SO imported, the box not the bot
tie, was the original package
The circuit court of appeals of the
Seventh circuit. in United States VS..
1872 Packages. IS Fed. Rep. 364, dis
cuss the meaning of the word package
as used in section 3449 Revised
Statutes of the United States "The
term package means every box. bar
rel or other receptacle into which
distilled spirits have been placed for
shipment or removal. either in GUAM
tity or in separate small packages, as
bottles or jugs
Although zone of these authorities
are conclusive, they greatly assist in
reaching decision These ship
ments look for their protection to the
law of interstate commerce II is