The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1897-06-23
State Acts Positively
Against the 'sOriglnal Pack
age" Dealers.

The Register has for several days
warned those who contemplated open.
ing Original PACKAGE" stores that
it would be to their interest to wall
awhile and see what was going tc
turn up, and the advice being general
~ accepted, NO one in Columbia has
gotten III any trouble But the peo.
pie who rushed out at once into the
business without thought are now in
a pretty mess They are all liable to
arrest and have their goods confs
Gated
Governor Ellerbe yesterday deter.
mined to bring the whole question to
head, and in statement to the
newspaper men he said:
"I heard from reliable source that
F. NJ. Sims, of Greenvile, had
opened an "original package" store.
l sent State Detective Newbold up
there to look into the matter, to see
if he was selling in accordance with
the decision of Judge Simonton.
From telegram received from him
this morning he says that he found
Simmons selling beer by the bottle
and whiskey by the bottle. | immedi.
ateIy wired Newbold to have him
arrested. Judge Simonton in his de-
clsion did not say that man could
break open crate of beer or case
of whiskey and sell it. Simmons was
the agent of dealer and of the
manufacturer, and hence I ordered
his arrest
"Asaistant Attorney General Town.
send was sent to Charleston to look
into the original package business
there, and as a result I ordered the
arrest of Mr. J. S. Pinknssohn and
the con6scation of all of his liquors
l have heard that he had not been
appointed as agent of any manufact-
urer, and | do not believe under the
decision of Judge Simonton that
goods could be stored in warehouse
and sold As I understand it, the
decision allows aH agent to order
goods and deliver them to the parties
from the depot"
These two are test cases, but other
dealers will be proceeded, against at
once. Governor Ellerbe was asked
what would be the legal outcome Of
the whole matter. and he said that
that the probabilities were that injunc
tions would be asked for before the
Circuit Court and that if granted and
Injunction was violated the guilty
parties would be punished under
section % of the Dispensary law
the same under which the celebrated
Shepherd case was brought in Colum-
bia.
1t was suggested that such pro-
cedure might bring the State and
United States courts in collision again,
but the Governor thcugh. that it
would probably amount to compelling
Judge Simonton to decide what his
decision as to original packages real
ly was.
The Attorney General stated that
the arrested parties would very likely
apply TO Judge Simonton for writ
of habeas corpus, and that thus the
whole issue would be brought up as
to what is an original package
The Governor aud the Attorney
Generals position is succinctly stated
as follows:
That alcoholic liquors cannot be
stored in South Carolins for sale in
this State.
That the original package cannot
be broken and its component quail
ties sold separately.
That manufacturers only. end not
dealers, can be represented in this
State by agents
That the Dispensary regulation
must be obeyed by original package
agents as well as by Dispensers.
This is the position which they in
tend to maintain in the courts
The liquors of Pinkussohn and
Simmons were seized and con6scated,
ano unless something turns up to
prevent they will soon be in storage
in the State Dispensary.
FROM CHARLESTON.
The following was received by the
Associated Press last night
Charleston, s. G., June 1.-THE
Dispensary law of South Carolina is
to be brought before the courts once
more This afternoon J. S. Pinkus-
sohn's "original package" agency
was seized by the State authorities.
the proprietor taken before magis-
trate and his store closed up. This
action is taken under Section % of
the Dispensary law, which declares
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