The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1897-07-07
BEFORE JJC1G SlMONTON.
Argument Before Him as 10 That is AT
Ofgtual Package.

IE6 TlGCuSSc31 CfSlGal P~ckaSS
case came up before JGG;ge Simorton
in tie Unitsd States Cicc1it Court st
Charleston On Tuesday, 29gn instant.
Il viii be remem heTed that Judge
SimCnton ers0tsG z tsn cor2ry ipjunc
ton, On June l9 b, restrai2ing the
State coDstables from interfering with
the l:Qlor Of w. G. Moore, whiie in
transit or in the store o. Z. S PInbus-
Isobn. The case cane 10 as to whether
or not tie temporary injunction
should be made perpetual against the
State cors.aoles. TIE State was rep.
resented oy Attorney General Barber
and toe petitioner By &essrs. ]. \.
Nathans and J n. Nathans, j.
Mr. NaLE2ns ma6e the first speech.
His argument was in The line shatan
original package put up Gy tee impor-
ter, ard the right Of importation im.
plies the right 20 store aud sell, aud
therefore tns right TO ship liquors into
the State for storage AID sale. That
Us t. sales in the 2ight time, in the ab.
scence 0; any act OF the legislature
prohibiting sales ia the night tine,
the clause Of the Constitution does not
prohibit such sales, bat o2ly prohibits
the Legislature from granting license.
The Attorney General spoke next,
AID argued that the minute taose pack
ages we're delivered into tbs hands Of
the corsisnee and offered fer sale,
they come under the police poTer OF
the State and could be regulated by
the States lrisdiction.
The Attorney General propounded
three questions to the court:
l. "Wbatis aboriginal package2"
3 "What limitations are placed on
the right OF sale2"
3. Does the right to sell imply the
rigGt to store and offer for sale al a
regular place of business2'
He then ANNOUNCED the following
propositions.
1. Any package containing FIVE gal,
Ions or more when imported By
manufacturer or rectiier aud whole
sale dealer to be an original package
within the meaning OF the law must
bear the stamps and brand required
by tbs revenue laws of the United
States.
Any package containing less
than five gallons, put up BY manu-
FAC :urer or rec:ifcr and wholesale
dealer, is an original package, with
out stamps and brands, so long as it is
in exactly the condition il which it is
Imported.
3 When liquors are put up in bot
ties, aud g number Of bottles are
packed in 2 case, the box or case is tbs
original package.
Ii bottles are shiopedin cars packed
IL straT y cr Other8ise, each bottle can
not be considered an original package
aau sold as such
The Attorney General cited the case
.of Blown VS.. Houston, and dre~ from
that case the following application:
lis clear that the liquors stored and
of=red for sale by Lne petitioners
agent, at 269 King street, are noS in
corporated into lhe bulk OF the pro
pecty of this State and are suoJ4cE TO
the taxing power OF the State. They
nave then ceased 10 De articles ef COM
merce and axe subject to the police
power end the taxing power sre 10
many respects Identical, and they ars
II ailrespect subject alike to the liulita-
tions Of he Federal Constitution as to
interstate commerce.
The arguments consumed several
hours, and great many authorities
we're cited cn both sides. A. the con
.clusiop OF the arguments, Judge
3imont0a announced that he would
take tbs case under advisement and
rendar decision lat-r.-Collmb.a
Register.