Rensselaer Republican, Volume 23, Number 10, Rensselaer, Jasper County, 6 November 1890 — ORIGINAL PACKAGES DEAD. [ARTICLE]

ORIGINAL PACKAGES DEAD.

Judge Caldwell Says They Were Killed by the Act Lately Passed by Congress. The opinion of Judge Caldwell, of the U. S. Circuit Court, in the original package case of H. M. Vin Vliet, of lowa, was filed at Little Rock, Ark., on the 31st ult. It discusses all the questions raised and extends over more than fourteen large type written pages. The court holds that the act of Congress and the laws of the State are valid. The following are some of the*salient points of the opinion: “By ■ the act of Congress the right which the importer previously .enjoyed of selling liquor in the original package in the State where the transit ended is taken away,the act declaring that the liquor ‘shall upon its arrivat ifi ■ sUcßTiEff W "Territory' be subject to the operation and effect of the laws of such State’.’ ” After citing the authorities and the act of Congress, the opinion proceeds: “It will be observed that by the terms of the act the original package, ‘upon arrival' in the State, is put on tho same footing with liquors produced in the State. The original package, when it arrives within the State where tho transit terminates, is at once reduced to the rank of domestic liquor, 'enjoys no privileges not enjoyed by domsstic liquor, and is subject ta the operation and effect of the laws of such State fena .-ted in the exercise of itspo lice powers to the same extent and in the same manner as domestic liquor. l - Now, thero never was any question of the right to prohibit the 3 ale of liquor produced iu the State and the laws for this purpose were constitu fional. These laws were in full foi-ce at the date of the passage of the act of Congress, and that act having in legal effect abolished original packages on their ‘arrival’ within the State by placing them on the same footing with liquor produced within the State, they are as much amenable to tne State law as if they had never existed in the form of original packages.