The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1897-07-21
THE STATES VIEWS
Of THE MEANING OF THE TERM
"ORlGiNAL PACKAGE"
The Liquor situation-what the Atsorn

Package Dealer Arrested.
The State authorities DO rot seem to
have any further doubt as to what the
exact meaning of the term original
package" is in view of the reference 10
the agreement of counsel on both sides
as to the definition OF the term made
by Judge Sinonton in his last deci-
sion, and are confident that the propo.
sitions in regard to the term made by
the attorney general in his argument
will stand the test. But all the same
there is q crest deal Of speculation
among those who are contemplating
opening original package stores. They
had expected Judge Simonton to fully
define the term.
But no doubt the court will soon
have an opportunity to make the mat,
ter clear in so many words. Yester.
day morning citizen of Chester, act
I ing as agent for parties residing out
side the State, opened an original
package store N that town. He
opened up at I o'clock; by $50 the
State officers had seized his stock and
stored it in the county dispensary and
the proprietor was in magistrates Of.
fee to answer to the charge OF violat-
ing the disoensary law. This case will
bring the matter up squarely before
the court, no doubt, for the proprietor
got his liquor IN bottles in cases, broke
/; the cases and begun the sale Of indi-
vidual bottles.
TIE situation IS quite interesting just
ROW as TO the liquor traffic IN this
State. Judge Simonton's decision has
let down the bars for competition for
the dispersary. The State intends to
take on appeal at once to the United
States supreme court. It is hard TO
tell what will be the fate OF the dispen-
sary during the interim. 1.-THE appeal
is taken no matter how the case is ad-
vanced upon the docket decision
can hardly be expected before next
spring.
Monday morning Attorney General
Barber returned to the city. He was
greeted with the question: What Is
I al NoSncSO ASU8
The reply was: Judge Simonton
has not said in this case what he con-
sidered an original package, but he has
said that at the Eesring It appeared
that there was o o difference OF opinion
! between counsel as to what constituted
an original package. From this in
fer that if his nonor entertains views
as to what constitutes an original
package different from those submitted
| bY counsel on both sides he would
have said so in his opinion Ia this
connection you might publish the pro-
positions announced by myself in my
argument of the case and conceded by
Mr. Nathans, the counsel for the Pc
titioner.
These are the propositions as stated
by Attorney General Barber in his ar,
gument:
What is an original packagei
From all the cases we announce the
following proposition:
Il. ANY pack sge containing fya
gallons or more, when imported by q
manufacturer or rec.ifer and whole
sale dealer, to be an original package,
within the meaning of law, must Oesr
the stamps and brands required by the
revenue laws OF the United States.
II. Any package containing less
than FIVE gallons put up by a maoufac-
turer or rectiier aud wholesa e dealer
lis an original package, without stamps
land brands, so long as it's exactly the
;copdition in which it is imported.
| III. When liquors are put up IN bot
! ties and anumber of bottles are packec
! ip bcx or case, the box or case IS the
original package.
| ". IF bottles are shipped in cars
| packed in straw or otherwise, each
bottle cannot be considered au orlgi'
| nal package and sold as such.
! II is thus seen that the policy OF the
;Stste will be TO even deny the right tc
Get original packages OF liquor IN
stamped TASKS shipped within the
S.ate in carload lots packed N 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 lie remarked that he
would use his every endeavor to have
| the case advanced upon the docket and
| get a decision at the earliest possible
| moment. he would haye the case
heard at the November term OF the
court and try to secure an early decis
lion. The Noyem Der term OF the court
continues from November through to
| the following spring, so it IS seen thai
there is no telling when the case VII!
! be gotten up for argument. 1t viii
certainly be several months before
iany decree can be obtained from the
Isupreme court OF the United States
land in the interim Judge Simonton S
decision is the law Of the land. Of!g'
iinal package stores can be operated as
Hong as they are run in conformity
with what was Laid down ia the decis.
| ion, ana iu accordance with the State
Interpretation OF the meaning OF the
term original package !" TIE later,
| however, If decided adverse to the
!S,ate by Judge SimoOton, will be but
lshort.lived as a restriction, and II LOOKS
! Tery much az this moment as Il the IS
Isue will be decided without delay.
! In the meantime the dispensary IS
running along smoothly and those IN
ichar2e 40 not seem to be worried about
inc situation. Monday Commissioners
! yznce'S employees were going ahead
i putting up the usual amount o. liquor
!au4 the shipmeatsto county dispeuSa,
ciss were going On as II nothing haa
;ccaurred
During the day Chief Constable
! B2hr was here sud remained IN cen
IsulJaticn with Governor EiIeroe for
iabout two hours. What he confer
lence was about nc ose seems TO know,
! Mr. Bahr wouid have nothing TO say
! FOR publication
! When Governor Ellcrbe was seen
he was, rs on the preceding day, very