The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1897-06-23
THE D~tSPENSARY FIGHT.
Original Package Stores In Charleston and
Greenville Closed.

For some unknown cause the ad
ministration will pursue a differen'
course regarding ''original package
| establishments than at first announced
when Judge Simonton's decision be
came known. This was very clearly
shown in a statement which Governor
Ellerbee Thursday gave the press. I
is as follows:
Hearing from a reliable source tina
Mr.. +. III. Simmons of Greenville hac
| opened an original package store, ]
sent State Detective Newbold up there
to look into the matter and see if he
was selling in accordance with the de
cision of Judge Simonton. Newbold
found that Mr.. Simmons was selling
beer by the bottle and also whiskey in
the same way. Upon receiving thi:
information, I wired Newbold to have
him arrested. Judge Simonton, in
his decision, did not say that a man
could break open a crate of beer OF
whiskey and sell by the bottle. Sim
mons was an agent of a whiskey deal
er and not OF a manufacturer"
Governor Ellerbe then went on te
say that he had wired Assistant Attor
ney General Townsend, who is inves-
tigating original package establish
ments in Charleston, to have Pinkus
sohn, an original package man, ar
rested. The chief executive holds that
the dispensary regulations must be
complied with by original package
agents; that agents must directly rep
resent brewers or distillers, and not
dealers who handle their goods; tha'
liquor cannot be stored for sale in this
State. On these grounds he ordered
the arrest OF Pinkussohn. The COVER
nor Thursday afternoon received g
telegram stating that Pinkussohn had
beep arrested and the stock seized. An
inventory was taken of the goods on
hand and the State will hold posses
sion of them without removing them
until the case is settled.
The governor further holds that as
Judge Simontoa in his decision used
the word manufacture throughout
and nowhere said the dealers in the
products of manufacturers had the
right to establish agencies in this
State, he would not permit Pinkus.
sohn to act as agent of dealers, as he
is trying to do. Pinkussohn is will
ing to test this very point, claiming
to have legal advice that he has the
right to act as agent for dealers as
well as manufacturers.
About the storing of liquors in the
State and selling by original packages
the governor said that an agent can
take orders for shipment of liquor
from other States for delivery in the
original package. but that if he opens
a warehouse and stores liquors in this
State for delivery upon sale, he be
comes as much subject to the States
police power as cilizens of this State
who might attempt to manufacture OF
sell liquor. The governor, upon con
sultatlon with Attorney General Bar.
Der, is determined to maintain these
grounds until a further judicial deliv.
erance:
That alcoholic liquors cannot be
stored in South Carolina for sale in
this State.
That the original package cannot be
broken and its component quantities
sold separately.
That manufacturers only, and not
dealers, can be represented in this
State by agents.
That the d~ispensary regulation must
be obeyed by original package agents
as we'll as by dispensers.