The people's journal. (Pickens, S.C.) 1891-1903, 1897-08-19

9Ja and their sizes contained therein
From the bill OF lading In evidence
appeared that the box contained I,O7
d bottles and 25 jugs OF liquor, and tha
shipped at the same timo were twent,
casks containing bottles of beer ant
: three casks containing bottles of ale
: This was done to facilitate shipment
ltion sold whisky as the agent of i'm
porter by the single bottle, wrapped
ana Labelled as stated. After an elabo
, rate opinion the Court held that the
hoxes and barrels, not the bottles, wert
original packages. A similar decision
was madc in South Dakota, State VI
chapman, AZ Northwestern Kep, al
And also In Nebraska, Harloy vs. the
State, 6O Northwestern Rep, 0G2. And
IN Iowa, State vs. Muller, SO No w
ltep, $50. Another case in Iowa, State
VS. Coonan, 4S No w. Rep, 92I, holds
that the bottles, If scaled without the
otnte, wore the original packages, and
not inc boxes or barrels In which they
came. In Commonwealth vs. Beckman
II Atlantic Rep, IL, tho Court is en-.
Phatlc' In that case the agent of O
dealer in another State received m
consignment pint and quart bottles OF
liquor, each bottle in paste board box.
scaled with strip Of paper pasted
across tho lid and STAMPED with the
namo OF tho firm. Those packages
came IN boxes and barrels to tho agent,
| VINO unpacked thcm when they ar.
rived and put the pastoboard packages
on the shelves. Tho Court saws on the
state OF facts: '"The claim of defend
ant that he was selling only in tho orr
ginal packages was little bettor than O.
burlcsquc."
The Federal cases are few In nun.
Der. Judge Hall, OF tho district of
Mississippi, held, in re Harmon, 43
Fed t4p, 3I2, that when bottles of
whlskcy were put in u wooden box and
SO imported, tho box and not tho bot
ties W is the original package. wv
Thc Circuit Court Of Appoals of tho
ith Circuit, in United Stutus vs. 1872
packages, 10 Fed Rep, 3Gl, discuss tho
meaning OF the word package rs used
! ia section 3,ll9 Revised Statutes of the
4 Cnitrd States. "rhe term package
means every box, barrel or othor re-
rcp>acic into whicE distilled spirits
! have been placed for shipment or re-
mpvai, either nuuantity or in separate
small packages, as BOTTLES or jugs"
| Although none OF these authorities
reaching decision. These shipments
look for their protection to tho law of
| inter State commerce.. 1t is that unit,
! the thing when the carrier receives,
transports and delivers ns an article Of
commerce, which is protected. The
protection Of the law is given to that
which i, imported through those chan
n"Io and in this way tho importer
decides for himself the siHo and form
nf the PACKAGE which BIC socks to i'm
! port. lie puts IL up IN tho shape in
which hc Wishes to import it, gives it |
the initial steps which put IT in transit,
mi Nh 49, ~ i,,t # I,,t.,
State commerce. "1'hc original pack
age was and is the package rs it exist
rd 40 the time OF It's transportation
from one State to anOthrr.' (SLatc VS. |
Winters, - pac Rep, 80 IAN ori- |
glnnE package is 4 bundle put up for
transportation or commercial hand |
Ling, and usually consists Of u humber |
Of things bound together, convenient |
tor handling and c0nvcyancc." State
vs. board nS aSscssors, liza. ~ Am ST
Rep, BIS The case uf State vs. Keith |
~ Ma e So Rep, H53,) expresses this
| idea clearly. "Mcrcly labelling each |
bottle original package docs not make |
1t one If IL WAS not really the original |
| package. The term TO pack in It's or
dlnary Specification, especially when |
hScH III references to Ctrriuyc. means to
place together :tnh prepare inr trans
| pOrIaIi"n. AS to make up Il bundle, or
ptIr, or box, or other receptacle, they
do not form As munv and snn,.nI,
packages ,s thrr, are IrtirIrs ,hnnrh
ihry may he wrauprl srnnrotrlv 'T6n
case or 6alc in which srnnr,tr ,rti.InS
ar placed torcthcr for Observation-Disclosures |
constitutes lie nri,,in.I m,rl, ,'rn' S'''Cn Ci
! in re Erinn - ErI i,nm r'oNI'm 'if .,;an "n
| hOId. lhnt ,hr imnnr,nrr Vii iI' y" :" ",.' ',~
,",',l '"','s ';."' t"' importer wall DC pro-
I"I' ,.,I III i''' 'n'orIaCio,.; however,
J,,i,5,T 'I'',i n' W., Du'h q, inc package
,,,,li..',., ,.," V'"y no'.ico coulu DC orlglnai
'n1 "t-c' "hch thvy were sealed and
.'''., .'".'I. uP stP"ra.c'y. not packed In
4, Variance win ,ho ponns,IEo'n;n
-a.u- ,yO,ud nv ,hc ,,ttornnv Gororai
-'>'-- - ''i" 'Noooi hSS HCiCldl.