The county record. [volume] (Kingstree, S.C.) 1885-1975, 1897-08-19
THE Original PACKAGE. :"
Simonton Issues a Decretal Order
and an Injunction
N THE GUCKENHElMER CASE.
The Missing Link In the Matter Is
Now Filled The Csr-Losd Lots
Can Come In.

There no longer seems to bs the
shadow of q doubt as to what Judge
Simonton meant by his construction Of
the meaning of the term Original
package" He has issued deere
tai order in the case Of Guekenhsim-
or & Sons, which settles the issue IS to
whether his definition included liquors
shipped in carload lots. The facts
were in this case that the shippers de-
livered the bottles to the railroad COM
pany-each marked but not wrapped
end they were packed in the
car in sawdust by the railroad company
sed delivered to the agent in Florence.
When the opinion was fled there OF
once arose considerable doubt ss 10
whether Judge Simonton's definition
covered such shipment. The attor-
neys in the case appeared before Judge
Simonton in Greenville and he issued
the following order, which shows worry
clearly all that he intended to convey
in his definition Of the meaning Of the
term:
United States of America. District of
South Carolina. In the Circuit Court
In Equity. Fourth Circuit.
s. Guckenheimer, A. s. Guckenheimer
and NJ. 8. Guckenheimer, co-partner ers
trading as s. Guckenheimer & Sons,
complainsnts, against W. W. Sellers,
F. NJ. Davis, ct al, defendants. De-
cretal Order.
This cause came on to be heard on the
bill, the rule to show cause and the re-
turn thereto. Hearing the Same, and
the argument of the counsel thereon,
and after due consideration thereof,
and it having been alleged in tho bill
and shown ct the hearing by affidavit
that each of the bottles Of liquor men.
toned in the paper WAS shipped aud
delivered 10 the common oeftisf,
singly, sealed and marked. Or in pack.
ages of two or more bottles securely
fastened together and marked, and
transported in . car of the carrier
and under control OF the carrier,
and 30 received from the carrier and
offered for sale in the State OF South
Carolina in the same form and copdi-
ton in which it was shipped, and SO
each bottle or package Of two or more
bottles as aforesaid was and is an orig
inal package within the scope and
meaning ef the opinion dled in this
case dated August 9th, 1897
It is ordered, adjudged and decreed,
That a temporary injunctian do issue
as prayed for in the bill, to remain in
full force and effect, until the final
hearing Of this cause and the further
order Of the court.
CHARLES d. SIMosToN,
Circuit Judge.
August 10, 1897.
EELERBE TAXES A HAND.
Gov. Ellerbe has taken hand in the
original package matter, and it is like
ly that his action will preeipitate
another hearing In the United States
Court looking to . direct decision upon
the carload lot question, despite the
fact that it Is generally conceded that
the order in the Guckenheimer case
will settle the matter definitely and
finally. II has been ascertaiaed that
the attorneys interested in the several
cases heard together recently have ask.
ed Judge Simonton to prepare separate
orders in each case. Gen. Barber was
in Greenville, in the agricultural hall
case hearing, and it is thought that he
will arrange to have the orders issued
without further delay.
The Governor has received the fol.
lowing dispatch signed by Chief FAINT
M. Friest & Co., of Savannah have
shipped q carload Of liquor in bottles,
bulk and packed in straw, billed o. fol.
lows: '9s quarts, 89s pints, $50 half
pints, 900 bottles of beer, consigned te
themselves ss agents. Please advise.
Gov. Ellerbe wired Chisf Fant that i
the attempt was meds to sell any Of tha
stuff by the bottle 20 seize it forthwith.