The Press., 1897-08-19
THE ORIGINAL PACKAGE" RE
 WAL.

WAL.
 From one of the no-license cities of Mas sachusetts comes the report of grocer who has obtained a stock of liquors and intends to sell them in the "original pack age," claiming this right under the consti- tutional privileges of interstate commerce. No doubt he has been moved to this course by Judge Simonton's recent decision in South Carolina. That state is engaged in operating state saloons or dispensaries, and the judge has decreed that the original package act of congress of 1890 doesn't hold in such instances. On Saturday the judge decided some cases involving the question of what is an original package, and his answer follows -
 It appears that the original package is the package delivered by the importer to the carrier at the initial place of shipment in the exact condition in which it was shipped. If in single bottles shipped singly, or if in packages of three or more, secure ly fastened together and marked, or if in box, barrel, crate, or other receptacle, the single bottle in the one instance, the three or more bottles in another instance, the barrel, box, crate, or other receptacle, respectively, constitute the original pack age If sold or delivered, it must be sold or delivered as shipped and received. If the package be broken after such delivery it comes within the police regulations of the state, and any sale or delivery in such is unlawful.
 If the Massachusetts no-license city in question maintains municipal agency for the sale of liquor for medical purposes, as they do in Maine, then under the Simon ton decisions the grocer would be acting within the law and could sell rum in about as small quantity as desired.
 The truth seems to be that the federal judge in South Carolina has become very near to setting aside the act of congress, and the dictum of the United States su- preme court in pursuance of which the act was passed That law, enacted to over come the effects of the courts ruling in the Iowa original package case, provides :- That all fermented, distilled or other h. toxicating liquors or liquids transported into any state or territory, or remaining l therein for use, consumption or storage therein, shall, upon arrival in such state or territory, be subject to the operation and effect of the laws of such state or territory enacted in the exercise of it's police pow CTS, to fhe same extent and in the same manner as though such liquids or liquors had been produced in such state or terri tory, and shall not be exempt therefrom by reason of being introduced therein in orig | inal packages or otherwise.
 The point made by Judge Simonton Is that South Carolina is not acting on it's police powers when it takes the liquor traffic from private control and makes a revenue-producing state business oft. But South Carolina just as certainly seeks tc regulate the traffic and abate it's evils, ir this way, as Massachusetts does through the restricted license system; and between a system of state licensing to a select few for large public revenues, and the Soutf Carolina system, there is no moral differ ence whatever and essentially no legal diff ference. Both states legalize the traffic both seek revenue from it; and while South Carolina limits the selling to state agencies, Massachusetts in the license towns limits the selling to few persons chosen by the public authorities.
 Hence, if Judge Simonton's decision is sound, what is to prevent the appearance of original package saloons in Springfield or any other license city-blaces disposing of liquors in the bottle or box as brough into the state, and paying no license tax Such aliberty would break down our license system in week, for the high-taxed ga looms could not stand beside the competi tion of free original package shops. It is unfortunate that the South Carolina judgt has resurrected this ''original package plague, which the act of congress was supposed to have burie1 forever. w can only hope that his decision will not stand the scrutiny of the supreme court o the United States. -SprinqtieLd ReOatbltcGn