The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1897-07-14
The State S Views
Of the Meaning Of the Term
"Original PACKAGE


The State authorities do not seem
to have any further doubt as TO what
the exact meaning of the term "orlg
inal package is in view Of the ref
erence to the agreement of counsel for
both sides as to the definition of the
term made By Judge Simonton in his
decision. and are confident that the
propositions in regard to the term
made by the attorney general in his
argument will stand the test But
all the same there is great deal of
speculation among those who ars
contemplating opening original pack.
age stores They had expected
Judge Simonton to fully define the
term.
But no doubt the court will soon
have an opportunity to make the mat
ter clear in 80 many words. Yester
day morning a citizen of Chester.
acting as agent for parties residing
outside the State. opened an original
package store in that town. He
opened up at O'Clock by 8 80 the
State officers had seized his stock and
stored it in the county dispensary
and the proprietor was in magis-
trate's office to answer to the charge
of violating the dispensary law. This
case will bring the matter up square
" before the court, no doubt, for the
proprietor got his liquor in bottles in
cases, broke the cases and begun the
sale of the individual bottles.
The situation is quite interesting
just now as to liquor traffic in this
State Judge Simonton's decision
has let down the bars for competition
for the dispensary The State in
tends to take an appeal at once to the
United States supreme court. 1t is
hard to tell what will be the fate of
the dispensary in the interim. If the
appeal is taken no matter how the
case is advanced upon the docket a
decision can hardly be expected be-
fore next spring
Yesterday morning Attorney Gen
era Barber returned to the city. He
was greeted with the question ::
"W hat is an original package now %
TIE reply 9as: Judge Simonton has
GOT defined ao original package, bat be
has said that there vas 20 difference Of
opinion between COUNSEL as ;o What
constituted an origiosl package. From
this | infer that if his honor sntertains
views as to What constitutes au origins al
package different from those submitted
by counsel 90 both sides he would have
said SO in his opinion 10 tbs couuec-
ton you might publish the propositions
aunoueced by myself 10 my argument
of the case and conceded by Mr.. Ma
thaos. the counsel for the petitioner. y
These are the proposition as stated
by Attorney General Barber ia his ar
gomeut:
What is an original package !?
From all the eases We announce ;5e fol
loving propositions.
Il. Auy package couta;oiog Eve
gsllous or ucre, when imported by q
maaufactrrer or rectider aud wholesale
dealer, to be an orieinal package. With
10 ,ne meaning Of Law, must bear the
s,anps aud orauds required by the
revenue laws of the United States.
III Any package containing less
than FIVE gallons pas.up By msoufac-
turer or rect;Eer and wholesale dealer
is an original package. without stamps
and brands, SO long as it is in exactly the
condition ic which it is imported.
LII When liquors are put up 10
bottles and q number Of bottles are
packed 10 box or case, the box or case
is the original package
Nv If bottles are shipped in cars
packed 10 straw or other wise, each
bottle canuos be considered an original
package aud sold as such y
It is tbus seen that the policy OF the
State will be to even deny :he right TO
get original packages of liquor IN
stamped TASKS shipped within be State
10 carload lots packed 10 straw.
Continuing. the attorney general
said that the State Authorities bad de-
ciied 10 Immediately take au appeal TO
the supreme court OF the United States
from the last decisioa of Judge Simon
ton He remarked that be would use
his every eudsavor to have the case ad
vauced upou the docket and get decis-
ion at the earliest possible moment.
He would have The case beard at the
November term of the court and try TO
secrre an early decision. The Noven-
her tern of the court continues from
Novonser through to tee following
spring, so it is seen that there is 90
telling when the case will be gotten
up for argument Ii will certainly be
severa! months before any decree can