The people's journal. (Pickens, S.C.) 1891-1903, 1897-08-19
What Constitutes an Original Package !?
JUDGE sIMoNTON ANSWERS THE
QUESTION.

JUDGE SIMONTON ANSWERS I'll
QUESTION.
An Original Package is the Ono DC
Iivcrcd to the Common Carrier Out
sido the State.
Charleston News and Courier
Ever since the first decision in re
gard to the sale OF liquor in "origina
packages the people have beer
anxious to know Just what constituted
an "original PACKAGE IN law. The
merchants who went into Tho package
Huuor business took the ground that &
nncknro meant any amount Of liquor
that could be shipped alono into the
States. and the package stores have had
for some time just such pack
ages" Bottles wrapped and scaled
separately and shipped loose in
cars have been imported and sold.
But still there was Il doubt in the
minds Of the general public whether
This would be held legal or not. Now
The matter has been settled. Judge
Simont0n has filed in tEc United States
Cir.,uit Court his decision in the cases
rcrvutIv brought up before him for the
very purpose OF determining what con-
stitutrI an "oriyiual PACKAGE, and, as
expected, it declares that liquor may
come i'm in any shape and quantity,
mot less than half pintS, and be sold
and delivered in exactly the shape de-
ljvcrcd to the carrier at the initial
point Of shipment.
The full text Of the decision Is given
rs follows
The United States OF America, Dis
trct Of South Caruinu In the Cir
cu, Court--Fourlh Circuit-In
Equity. :. Guukrnh, inner x Sons
vs. ". ". Sellers ct a: Charles IL.
pfcitrr y Co. " Ferry -. Giircath
ct al: Charles VI. l'fcfrr x Go. " j
T.. MOorhcad ctAi: The 'orlnCr Brew
Ing Company " J. f.. MoOrohund ct
al,
These four eases. differing som" "h;y
in detail, have been heard together.
They all present the same Quc-tjon,
what is an original pHckHE"1 and be
fore any Of these can br Gccidud this
question must ne first settled.
It ha- been established by decisions
which cannot now be cqu"-t.oncd that
liuuors imported intOa State are sub
jet to the exercise OF It's police power,
whether brought iu in original pack
ayes or otherwise. And that wncn
the use OF Intoxicating liquors rs Il
beverage has been forbidden 10y State
law a. ir furious to the health, welfare
or safety Of the stat" no sale Of such
LIQUOR can b. made within that State.
for such purpose, ny anyone, either
resident or importer. Ii has further
been established by the decision OF the
Supreme Court that the Gi-p~uailry Irw
Ui south Caroline does not declare the
use Of Intoxicating J. ,Hur- "a Il hcvcr-
age injurious to the health. welfare
and safety of the State. That ON the
contrary the St,,,, itself iu,unr,s in
Quantities and sell. a,a urpifi iu,uyi.
c,tuu f,Ilor- for u,rn. . hrvrrurr
That the prohibition hv fin, ,l1,r
ayain,, the imporla,fon ni ltnl,n,.,
Dv auynn, ,.,r,.rt H.. SI,,,, =,
SIT or wi,, N,r ,nr.,I., uf nm. I,,1r
i, NO, Tine rycrci-. ,l ,nr .uoIi,, nnwr,
but AN in,orf,:rcncn with and :, r",lII,n.
lion uf lrrn,. -;r,,,r rnn,,nr,." ;rr',,
IlrIn. ,ln Cor.,i,r,f,n - 49,, ,.,'i,''S
Sra,r. .urh in,r,.r.,rnnr, .,YJ rn'nTn "''r''
lion ,,.r y','J j;ut tGn n"'i,,, ''i n,.'',. "','
hn,,fr. uI'.n Ir,,,.l,,,, ,.,,,,.,,,,,,', ,",,u'
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