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Iowa, State vs.. Coonan. 48 North.
wostern O2l, holds that the bottles If
scaled without the State were the
original packages and not the boxes
or barrels in which they came. In
Commonwealth w. Beckman, 81 At
lantic Rep. ~, the court is emphatic.
In that case tho agons of a dealer in
another state received on consign-
mont pint and quart bottles Of
liquor, each bottle in a pasteboard
box, scaled with strip of paper
across tho lid and stamped with
the namo of tho firm. These pack
ages came in boxos and barrels to
tho agont, who unpackod them when
they arrived and put tho pastboard
packages on tho shelves. The court
says on this state Of facts: "Tho
claim Of defendant that he was sell
ing only in tho original packages
was little better than q burlesque."
The Federal case7 arc few in mum.
bor. Judge Hall, Of tho district of
Mississippi, hold Gin re Harmon, 43
Fed. Rep. 372) that when bottles
of whiskcy woro put in wooden
box and 80 imported, tho box not
tho bottles was tho orr ginal package
Tho circuit court Of appeals of the
Seventh circuit, in United States Va.
1872. Packages, rs Fed. Rep. 304,
discusses tho meaning Of tho word
package. "Tho term package as
used in section 3440 rovsod statutes
of tho United States means every box,
barrel or other receptacle into
which distilled spirits have been
placed for shipment or removal,
either in quantity or in separate
small packages, rs bottles or jugs"
Although mono of these authori-
tics arc conclusive, they greatly assist
in reaching decision. These ship.
monts look for their protection to tho
law of interstate commerce. 1t ia
that unit, tho thing which the car
rier receives, transports and delivers
as an article Of commerce which is
protected. The protection of tho
law is given to what which is
imported through these channels
and in this way. Tho importer do.
cidcs for himself the size and form
Of tho package which he socks to i'm
port. II" puts it up in the shape in
which he wishes to import it, gives
it the initial stops which puts it in
transit, and SO mako it the subject
of Interstate commerce, "The origi-
nal package was and is tho package as
it existed at the time of it's transpor-
tation from ono State to another"
Estate w. Winters, 25 Pac. Rep.
237) can original package is Il
bundle put up for transportation or
commercial handling and usually con-
sists of number Of things bound
together convenient for handling and
convoyanco.") State vs. Board Of
4 'sessors, La, 40 Am. ST. Rep, 318.)
Tho case Of State vs. Keith, 81 Ala.
6 So. Rop 354) Expresses this idea
clearly. "NToroly labelling each bot
! tie original package does not make it
ono if it was not really the original
package, The term to pack in it's or
dinary Specification, especially when
used in reference to carriage, means
to place together and prepare for
transportation. As to make up
bundle or bale or box or other re-
coptacle Thoy do not form ns many
and separate packages as there arc ar
ticles, though thoy may be wrapped
separately. Tho case or bale in
! which separate articles arc placed to-
gethor for transportation constitutes
tho original packages" SO in re.
Boino, ~ Fcd Rep, $40, which holds
that tho importer will be protected
IN his importation, however small
may bo tho bulk Of the package, do
cidod that bottles could be original
packages whom thoy were scaled and
nailed up separately, not packed IN
any other box. but shipped singly
and separately. This case, by the
way, is at variance with the Penn
sylvania cases quoted by the attor-'
noy general. Commonwealth w.
Panl, l7U .,Pac. State, 234. Same Vs.
Schollonberger, 1865; Pa: State, 20O)
and it's conclusion"is preferred to-
thcm. Retail trade as we'll as whole!
sale trade, is included in the idea Of
commerce.
Considering these cases and tho
others quoted in argument, it ap-
poars that tho original package
is tho package delivered by the i'm
porter to tho carrier at tho initial
place of shipment in the exact con.
dition in which it was shipped. If
in single bottles shipped singly, or
if in packages of three or more
securely fastoncd together and
marked, or if in ii box, barrel, crate
or other receptacle, tho single bot
tic in tho ono instance, tho three
or moro bottles in another instance,
the barrel, box, crate or other receipt
aclo respectively constitute the orig
inal package. If sold or delivered