The Birmingham age-herald., 1907-06-30
HOW SHREWD MAN
 EVADED THE LAWS
Imports Liquor Into Maine in
 Original Packages
COURTS HAVE UPHELD HIM
The Reciprocity Treaty With Germany Enables Hlm to Bring 1t From That Country as We'll
 as England.

Augusta, Me, June 29-(special. )-The new reciprocity treaty with Germany may bring about serious international compli- cations by running counter to the prohibl- tory liquor law of Maine. Michael Burns of Augusta has announced his intention of testing the comparative strength of the treaty and the law.
 Michael Burns Is a man who has become famous by his defiances of the prohibit tory law. He became conspicuous in 1887, as Original Package Burns. He had been reading the law and discovered that the interstate commerce clause of the United States constitution and the trade and commerce treaty with Great Britain both protected liquors against local off cials as long as the liquors remained in the original package. He took advantage of both, importing his liquors from Eng land via ports in other states. He had special package designed for his trade. twelve small bottles, holding in all one gallon, and all packed in a neat box. He openly sold several thousand of those original packages. The city police of Au- gusta and the county attorney and sheriff of Kennebec county refused to prosecute him, saying that he was correct in his opinion that he was acting with his legal rights. At last Governor Bodwell Issued a proclamation accusing Burns of lead ing a conspiracy against the laws of the state and commanding the attorney general to prosecute him. It was the only time in the history of the state when the attorney general appeared in a mis- demeanor case or before a petty court.
 The Augusta municipal court gave a pro forma decision against Burns and he began his long series of appeals. The Kennebec county superior court made the same ruling. The Maine law court had 1t under consideration more than two years before 1t rendered decision against Burns. The United States supreme court gave a sweeping decision sustaining all of Burns contentious. It is regarded as the most important decision between the civil war and the Spanish war periods. It was a severe blow to the doctrine of state rights and Is a favorite document with the advocates of all sorts of federal regulation.
 Burns was made the object of an act of Congress, which put liquors under the police authorities of the states where they might be for purposes of sale.
 Burns has since been trying to get re- imbursed for the cost of litigation, loss Of three years business, seizure of stock in trade, false arrest and Imprisonment in the time between ms arrest and the enactment of the law by Congress, during which time he was trying to conduct what was decided to be a lawful business He had bill for $1O0,000 before the recent legislature but failed to secure its pas sage
 This same Michael Burns has been studying law again. He says that he has discovered that the new reciprocity treaty with Germany extends to German liquors the same protection which the interstate commerce clause of the United States con- stitution and the British trade and com merce treaty extended to other liquors twenty years ago, and that he Is going into the business. To make the case stronger he will have 1t in the name of a German citizen, resident in the United States, and claiming protection under the treaty right of earning a livelihood. He reckons that if the state authorities in- terfere the Kaiser will call upon Pres ident Roosevelt to enforce the terms of the treaty, and that the general govern ment will have to supersede the state government in that matter. His belief is strengthened by the clause of the consti- tution which makes a treaty the supreme law of the land equal in force with the constitution itself.
 So there is likely to be some excitement in prohibitory law enforcement circles. The situation is the more interesting be-, cause the state has a special commission for the purpose of enforcing that particu- lar law In communities where the local officials are alleged to be dereict in that duty.