The Oklahoma City times. [volume] (Oklahoma City, Okla.) 1908-1984, 1917-07-20
FAMOUS LIQUOR
CASE UP AGAIN
First Original Package Dealer
Bound TO Get Money Back,

BANGOR, Me.--For the fifth time
Michael Burns of Augusta is pressing
in the Maine legislature his claim
against the state for Legal expenses,
with interest, which he contracted in
fighting the famous original package"
liquor case in the courts.
The matter was first presented to the
legislature in 1909, then in 1911, 1913
and again in 1915, with an unfavorable
decision against Burns in each in
stance
In 1887, when the late Joseph r, Bod
well OF Hallowell was the governor OF
Maine, Burns went TO Liverpool and i'm
ported liquor in the original package,
selling the same in defiance of the state
authorities. There was no law at the
time to prevent Burns from engaging
in the business and congress passed a
special act to cover this case The case
simmercd in the courts for several years
and the liquors seized were ordered re-
turned to Burns.
Many Interested
The case OF Burns is one of the most
interesting of all the prohlbitory liquor
cases in this state, and while il occupied
an important position in the court cal
endar for many years, some OF the ablest
advocates III Maine were interested in
the case on one side or the other.
Burns, who was born in ireland and
has a fine record for meritorious serv-
ice in the Civil war, was an old time
saloonkeeper in Augusta. and he made
no bones in saying that he was in the
liquor business. A law was passed some
years ago which allowed druggists to
keep reasonable amount OF liquor on
hand for compounding purposes, with
the result that many OF the former H.
quor dealers opened drug stores and
employed registered pharmacists.
Many of the stores had a pharmaceu-
tical front with bar attachment in the
rear Burns at that time was running
"A common, every day barroom." as he
himself said. In order TO make some
ot his competitors in the business jeal-
ous he had placed over the store a NOR
tar and pestlr with the following in
scribcd thereon: Modern Maine Drug
store After that Burns was called
Doctor"
Sold Direct From Liverpool.
In l@7 Burns went to Liverpool and
made arrangements with a large whole
saler there and ordered hundreds Of
cases ot Jamaica rum and Irish whisky.
lhe goods went through the Portland
custom house and on June :, 1887. the
iltSt consignment came 10 Augusta BY
freight About this time there was a
general wave of enforcement through
ont the state and the temperance peo-
pie were up IN arms, but were power
less, as the federal law protected Burns
So long as the goods were sold in the
original packages Burns sold case after
case, and for a while did land office
business
Matters came TO such a state thai,
Governor Bodwcll issued a procIama.
non inslnuatlng conspiracy against the
state by persons using the federal law
as cloak
Sheriff Make Seizure.
On June !, 1897, the Burns liouo-s
were seized by Charles X. McFadden,
then sheriff oi kcnncbec county.
Burns was arraigned in municipal court
the next morning on a search and seiz-
urc process, and for the first time in
the history OF the state the attorney
general AZ that time, Orville u Baker.
appeared as the prosecuting officer in a
case OF miSdemcanor Burns was rem
resented hy Herbert NJ Heath and John
II, Potter of Augusta and was held for
the superior court, the jury in that tri-
bunal returning verdict Of guilty
he case went TO the full bench of
Maine and in 1890, two years after the
seizure, that legal body concutred with
the decision in the famous Iowa case
that imported liquors could he sold In
their original package and the local
and state authorities must keep their
hands off So the liquors were re-
turned to Burns
Took Federal Law to Stop Him.
In lSS9 one OF Mainc's representative,
IN congress presented a bill repeating
the clause relating to the sale OF i'm.
ported liquors in the original pack
ages, but the bill was pigeon .holcd An
other bill was presented by the late
Nelson Dinglcy which passed Angus,