The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1897-07-07
BEFORE JUDGE SlMONTON.
Argument Before Him as to What is an
Original Package.

The Plnhussohn original package
case came up before Judge Simolton
in the United States Circuit Court at
Charleston on Tuesday, goth instant.
1t will BIZ remembered that Judge
Simonton granted a temporary injunc
ton, on June 10Th, restraining the
State constables from interfering with
the liquor of w. G. Moore, while in
transit or in the store OF +. 8. Pinbus-
sohn. The cas- came up as to whether
or not the temporary injunction
should be made perpetual against the
State c7nstables. The State was rep.
resented by Attorney General Barbar
and the petitioner by Messrs. j. N.
Nathaps and J. N. Nathans, Jr.
Mr.. Nathans made the first speech.
His argument was in the line that an
original package put up by the impor-
ter, ard the right of importation i'm.
plies the right 70 store and sell, and
therefore the right to ship liquors into
the State for storage a:d sale. That
as to sales in the night time, in the ab.
scence OF any act of the legislature
prohibiting sales in the night time,
the clause of the Constitution does not
prohibit such sales, but only prohibits
the Legislature from granting license.
The Attorney General spoke next,
and argued that the minute those pack
ages were delivered into the hands OF
the consignee and offered for sale,
they come under the police power Of
the State and could be regulated by
the States Jurisdiction.
The Attorney General p%ropounded
three questions to the court:
1. "What is aboriginal package2"
2. "What limitations are placed on
the right of saleT
8. docs the right to sell imply the
right to store and offer for sale at a
regular place of business?'
He then announced the following
propositions.
/. Any package containing five gal
Ions or more when imported by a
manufacturer or recti6er and whole
sale dealer to be an original package
within the meaning of the law must
bear the stamps and brand required
by the revenue laws of the United
States.
3 Any package containing less
than five gallons, put up by a manu-
faciurer or rectiier and wholesale
dealer, is an original package, with.
out stamps and brands, so long as it is
in exactly the condition in which it is
imported.
3 When liquors are put up in bot.
ties, and q number of bottles are
packed in a case, the box or case is the
original package.
If bottles are shippedin cars packed
in straw or otherwise, each bottle IAN
not be considered an original package
and sold as such.
The Attorney General cited the case
of Brown VS.. Houston, and draw from
that case the following application:
1t is clear that the liquors stored and
offered for sale by the petitioners
agent, at 1853 King street, are now in
co%rporated into the bulk of the pro
perry Of this State and are subject to
the taxing power of the State. They
have then ceased to be articles eff com.
merce and are subject to the police
power and the taxing power are in
many respects identical, and they are
in ali respect subject alike to the limita.
tions of the Federal Constitution as to
interstate commerce.
The arguments consumed several
hours, and a great many authorities
were cited on 10th sides. At the con.
clusion of the arguments, Judge
Simonton announced that he would
te ks the case under advisement and
render a decision later. -Columbia
Register.