Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1909-10-19
HOLD BOX IS,
REAL PACKAGE
Supreme Court Sustains Judge De
Bolt in Test Case Brought by
Chinese, - Treasury Regulation
Question.

The Supreme Court has handed
dowp decision in the original
package" opium case. sustaining
Circuit Judge De Bolt In his view
that the five teal tins Of opium were
not the original packages of com
merce within the meaning of the
law.
The syllabus of the opinion, writ
ten by Chief Justice Hartwell, says:
Defendant received in Honolulu
a consignment from California of
five wooden cases each addressed to
him and each containing Ave tins.
each of the latter In turn contain
ing twenty 8 teal tins of opium.
Each Of the teal tins bore the
marks and stamps placed on them
by the custom house officer at San
Francisco upon the original impor-
tation from Hong Kong, as required
by treasury regulations. Held, un-
der the decisions relating to the in
terstate commerce clause of the con.
stitution, the wooden cases and not
the 8 teal tins were the Original
packages"
In the course of It's opinion the
court says:
"The defendant, being charged
with having sold opium unlawfully
in Honolulu April 30, 1903, In vio-
lation of the provisions of Sec. 1899
II. L., was found guilty and sentenc-
ed to fine of $50 and costs. lie
is shown to have sold a . teal tin
of opium received In consignment
to him from San Francisco of five
large wooden cases each addressed
with twenty of the 8 teal tins in
each. so that each case contained
one hundred teal tins. The cases
were originally shipped by Chinese
firm in Hong Kong to one Playfair
In San Francisco and purchased by
the defendant from San Francisco
firm, purchasers probably from Play
fair. Upon receiving the consign-
ment the defendant opened one OF
the wooden cases and removed there
from the teal tin. Each ) teal tin
had affixed thereon a customs stamp
as required by Art. 81 Customs
Reg. of 1908 relative to foreign i'm
porting showing date of importation,
March %. 1903; name of importer.
Playfair: of the vessel, s. S. China;
port of entry, San Francisco; Off
Gers, signatrdfJ. y, Thornton, with
the printed words duty paid" The
stamp was affixed In such a manner
that 1t would be broken or defaced
on opening the tin.
1.-THE defendants exceptions relate
to his claim that the teal tin was
an original package, recognized and
treated as such by U. s. Custom
House officers acting under regula-
ton made pursuant to the act of
Congress, and therefore that its sale
in that form could not constitution
ally be prohibited in California or
prevented by any law of Hawaii
from becoming an article OF inter-
state commerce.
1.-THE wooden case OF opium Inn
ported into San Francisco was the
package which was shipped at
Hong Kong. whatever was done with
Il and Its enclosed containers by
customs officials, unless the regula'
ton requiring before delivery to the
importer of any opium prepared for
smoking, each teal box or other
package of the merchandise as inn
ported" shall be stamped and mark
ed. changed the nature of the origi-
nal package. We do not consider
that this was the intention or legal
effect of the treasury regulation. The
opening of the cases by the custom
house officials and stamping the
smalled containers enclosed therein
did not make any OF the smaller
containers original packages within
the meaning Of the law and under
the decisions relating to the inter-
state commerce clause of the consti-
tuition. Brown v. Maryland, ~
Wheat. 4l9; Low v. Austin. - Wall.
20; Leisy V. Hardin, 1885 Y. s. 100;
Vance V. Vandercook Co., 10 Y. s.
43S; Am, Steel & Wire Co. v. Speed,
1872 U. S. 500; Austin v. Tennessee.
| 179 U. 5, 3i3; Cook v. Marshall