The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1897-07-21
THE STATES VIEWS
IF THE MEANING CIR The TERI
"ORlGiNAL PACKAGE"
The LIQUOR St;uatlon-gghS! chs Attorney
General aud Governor J-St'gt"S'
Package Dealer Arrested

Package Dealer Arr"stvd-
The State authorizes 10 not seem 10
ave any further doubt as 10 what the
axact meaning OF the i@'R' 'ongjn&'
package" is ia view Of !he reference T.
he agreement or counsel or hut1 s.a"s
- to the definition OF the tenn nr&U;
by Judge Simcnton il his (a@t dec
ion, and are cvnideG! :has H'e p'uTc.
kitions in regard 70 the tam H.: e.
he attorney genera! n rs @"%aTc.n
will stand the tGat. But all tH> So
ehere is a great C@at q sltcn: IT,.
kmong those who &c coGtcl".';e:A%
opening original package 49,
had expected judge Sic.Nltll &c 'J-,
Define the !srm.
But no doubt the c@Trt Viii So"
have an opportunity = ne y. "|"E
Ter clear in SO mgaT word-. le&lr'
isy moraine g citiHc0 a Chester, aC.
Ing as agent Cor pa"tifs rcSid-0@ out
hide the Stale, "0"n"r 81 CFZM@
package store IL ut town. Ia
Opened up at Z &C; NE; by $50 It"
Btate officers hsG se'G-G lis stuck $40
stored it in the ccVatY dlspcnsnry md
the proprietor was Ii . naegistrstaz nj
ice to answer to the char%a q U0i"i.
ING the dispensarv lew. This Caae will
bring the matter up sqiarely be'or-
The court, no doubt, for the propr-a.2r
got his liquor IN bottlesin cases, broke
Ehe cases and begun the sale 81 ind
vidual bottles.
The aituation is q9tt8iGterestinG Jpst
now rs to the liquor ustlic IL ms
State. Judge Simonton's decioioG nas
let down tho bars for cCmnetrticn FIR
the dispensary. The Stste Intends 10
take on appeal st once to tho UHitet
States supreme court. l. IS hard 10
tell what will oe the fete q the dispen-
bary during the interim. Il the appsal
Ia taken nc matter how the case IS ad-
vanced upon the docket a decision
can hardly be expected before rex!
spring. ,
Monday morning Attorney G@neral
Barber returned to the city. He was
greeted with the question: What Is
an original package now!'
The reply was: Judge S,nonton
has not said in this case Whist be con
aidsred an original package, but 70 has
said tina. at the herring It appeared
that there was no difference of Opinion
between counsel as 10 what constituted
an original package. From this ! in
fer that if his honor ~entertains views
as to what constitutes an original
package different from these submitted
by counsel on both sides ne would
have said so in his opinion. II this
connection you might publish the pro
positions announced by myself in NY
argument of the case and conceded oy
Mr.. Nathans, the counsel for tie pc,
titioner."
These are the propositions IS stated
by Attorney General Barber IN his ar,
Egument:
"What is an original package?
$From all the cases We announce the
following proposition:
II. Any package containing i've
gallons or more, when imported BY g
manufacturer CIR rectifier aid whole
sale dealer, to be an original package,
within the meaning OF law, must bear
the stamps and brands required By the
revenue laws of the United STATES.
II. Any package containing less
than FIVE gallons put up by manutac.
turer or rectifier and wholesale dealer
Is an original package, without stamps
and brands, SO long IS ii is exactly tUe
condition in which it is imported.
III. When liquorsaye put up ii bet.
ties and number oI bottles are PACKED
In a box or case, the cox or case IS the
original package.
". If bottles are shipped in cars
packed in straw or otherwise, each
bottle cannot be considered ar origi-
nal package and sold as such"
It is thus seen that the policy of the
Stste will be to ever deny tce right to
get original packages Of liquor IN
stamped TASKS shipped within the
State in carload lots packed IN straw.
Continuing, the sttornay general
aaid that the State aUthOrit!es had de.
cided to Immediately take an appeal
to the supreme court CT tho Unised
States from the last decision OF Judge
Simopton. He remarked that lie
would uae his every eudeavor 10 have
the case advanced upon the docket and
get q decision at the earliest possible
moment. He would have Inc cGsa
heard at the November term Of The
court and try 10 secure al early decls.
ion. The November term CT the court
continues from November taT0ugh TO
the following spring, so il Is seeG that
there Is no telling when the case vii;
be gotten up for argument. 1t will
certainly be several ncrths before
any decree can be oh!&iGed from th&
supreme court of lie United States
and in the interim Judge SimQDtons
decision is the law OF the land. Orig
inal package stores cRn be operated a.
long as they are run IL CONFORMITY
with what was laid down ia the dvc's.
ion, and in accordance with lEs States
Interpretation Of The meaning OF the
term ''orginsl package" Tie latter,
however, if decided adverse to The
State by Judge Simcntor, viii be but
short-lived asa restriction, and i locks
very much at this moment rs i tie IS
rue will be decided without delay.
In the meantime the ~0iSpepsAry is
running along smoothly and those il
charge do not SEN 10 Ge worried about
the situation. Monday Commissioners
Vance's employees were going &h2a2
putting up the usual amount o; liquor
and the ghipmentato county dispemS&
ries were going en- as if nothing had
occurred.
During the day Chief Constable
Bahr was here and remained IN con
snltafinn With GnrarlNn l. iarhE IL.