The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1897-07-07
Down in Charleston.
PanhussoAn Original Package Case
Whot Constitutes an Original Pack
age-Me Judge Takes the Case
Under Amusement.


Pinkussohn original package case came
up before Judge Simonton 10 the
United States Circuit Court to-day 1t
will remembered that Judge Simooton
granted temporary injunction. on
June 10Th, restraining the State con-
stables from interfering with the liquor
Of w. G Moore, while in transit or io
store of F. S. Piokussohn The case
came up to-day as to whether or not
the temporary injunction should be
made perpetual against the State COO
stables. The State was represented By
Attorney General Barber aud the pc
titioner by Messrs. J. N. Nathans and
j. N. Nathans, Jr
Mr.. Nathans made the first speech.
His argument was in the liue that an
original package was package put up
by the importer. and the right Of i'm.
portation implies the right to store and
sell, and therefore the right to ship
liquors into the State for storage and
sale. That as to sales in the night
time, in the absence of any act Of the
Legislature prohibiting sales in the
pight time, tie clause Of the Consti-
tuition does cot 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 iato the hands Of
tie copsignee and offered for sale, they
come Under the police power Of the
State and could be regulated By the
States jurisdiction.
The Attorney General propounded
three questions to the court:
l. "What is an origina. package p
Q. s'What limitations are placed on
The sight of sale p
8. "Does the right to sell imply
the right to etore and offer for sale at
regular place OF business p
He then announced the following
propositions:
l. Auy package containing five
gallons or more when imported by
manufacturer or recti6er aud wholesale
dealer to be an original package within
the meaning Of the law must bear the
stamps and brand required by the reve-
nue laws Of the Uoited States.
2. Any package containing less
thar FIVE gallons. put up by manu-
facturer or rec,i6er and wholesale deal
er, is an original package, without
stamps aud brands, so long as it is IN
exactly the condition in which it is i'm,
ported.
8. When liquors are put up iu bot
ties, and number Of bottles are pack
ed 10 case. the box or case is the orl-
ginal package
If bottles are shipped in cars packed
10 straw or otherwise. each bottle can
not be considered an original package
and sold as such.
The Attorney General cited the case
of Brown vs.. Houston. and drew from
that case the following application:
It is clear that the liquors stored and
offered for sale by the petitioners agent,
at 269 King street. are now incor-
porated into the bulk Of the property
of this State and are subject TO the tax
ing power of the State. They have
then ceased to be articles of com merce
aud are subject to the police power
aud as we'll. The polibe power
the taxing power are in many respects
identical. aod they are in all respect
subject alike to the limitations Of the
Federal Constitution as to interstate
commerce.
The arguments consumed several
hours. and great macy authorities
we're cited on both sides At the con-
clusion of the arguments, Judge ST.
monton announced that be would take
the case under advisement and render