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See also:ORIGINAL PACKAGE , a legal See also:term in Amertca, meaning, in See also:general usage, the package in which goods, intended for interstate See also:commerce, are actually transported wholesale. The term is used chiefly in determining the boundary between Federal and See also:state See also:jurisdiction in the regulation of commerce, and derives See also:special significance by See also:reason of the conflict between the See also:powers of See also:Congress to regulate commerce and the See also:police legislation of the several states with respect to commodities considered injurious to public See also:health and morals, such as intoxicating liquors, cigarettes and oleomargarine. By the Federal constitution Congress is vested with the See also:power " to regulate commerce with See also:foreign nations and among the several states, and with the See also:Indian tribes," and each state is forbidden, without the consent of Congress, to " See also:lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing
its inspection See also:laws," and the basis of the See also:law on the subject of "original package " was laid when, in 1827, See also:Chief See also:Justice See also:Marshall interpreted these clauses in his decision of the See also:case of See also:- BROWN
- BROWN, CHARLES BROCKDEN (1771-181o)
- BROWN, FORD MADOX (1821-1893)
- BROWN, FRANCIS (1849- )
- BROWN, GEORGE (1818-188o)
- BROWN, HENRY KIRKE (1814-1886)
- BROWN, JACOB (1775–1828)
- BROWN, JOHN (1715–1766)
- BROWN, JOHN (1722-1787)
- BROWN, JOHN (1735–1788)
- BROWN, JOHN (1784–1858)
- BROWN, JOHN (1800-1859)
- BROWN, JOHN (1810—1882)
- BROWN, JOHN GEORGE (1831— )
- BROWN, ROBERT (1773-1858)
- BROWN, SAMUEL MORISON (1817—1856)
- BROWN, SIR GEORGE (1790-1865)
- BROWN, SIR JOHN (1816-1896)
- BROWN, SIR WILLIAM, BART
- BROWN, THOMAS (1663-1704)
- BROWN, THOMAS (1778-1820)
- BROWN, THOMAS EDWARD (1830-1897)
- BROWN, WILLIAM LAURENCE (1755–1830)
Brown v. See also:Maryland,' which tested the constitutionality of an See also:act of the legislature of Maryland requiring a See also:licence from importers of foreign goods by See also:bale or package and from persons selling the same by wholesale, bale, package, See also:hogshead, See also:barrel or tierce. After pronouncing such a licence to be in effect a tax, the chief justice observed that so See also:long as the thing imported remained " the See also:property of the importer, in his warehouse, in the original See also:form or package in which it was imported," a tax upon it was too plainly a See also:duty on imports to See also:- ESCAPE (in mid. Eng. eschape or escape, from the O. Fr. eschapper, modern echapper, and escaper, low Lat. escapium, from ex, out of, and cappa, cape, cloak; cf. for the sense development the Gr. iichueoOat, literally to put off one's clothes, hence to sli
escape the See also:prohibition of the Constitution, that imported commodities did not become subject to the taxing power of the state until they had " become incorporated and mixed with the See also:mass of property in the See also:country," that the right to sell a thing imported was incident to the right to import it, and consequently that a state tax upon the See also:sale was repugnant to the power of Congress to regulate foreign commerce; and he added that the See also:court supposed the same principles applied equally to interstate commerce. Later decisions agree that the right to import commodities or to See also:ship them from one state to another carries with it the right to sell them and have established the boundary See also:line between Federal and state See also:control of both foreign imports and interstate shipments at a sale in the original package 2 or at the breaking of the original package before sale for other purposes than inspection? A state or a See also:municipality may, however, tax while in their original packages any commodities which have been shipped in from another state provided there be no discrimination against such commodities; this permission being granted on the theory that a general non-discriminating tax is not a regulation of commerce and therefore not repugnant to the power of Congress to regulate interstate commerce.¢ The first cases involving a serious conflict between the power of Congress to regulate inter-state commerce and the police powers of the several states were the Licence Cases adjudicated by the Supreme Court of the See also:United States in See also:January 1847.5 They were to test the constitutionality of a law of See also:Massachusetts requiring a licence for the sale of wines or spirituous liquors in a less quantity than 28 gallons, of a law of Rhode See also:Island requiring a licence for the sale of such liquors in a less quantity than ro gallons, and a law of New See also:Hampshire requiring a licence for the sale of wines or spirituous liquors in any quantity whatever, and in this case a barrel of See also:gin had been bought in See also:Boston Mass., carried to See also:Dover, N.H., and there sold in the same barrel. Although the justices based their opinions on different principles, the court pronounced the laws constitutional. The justices did not even agree that the power of Congress to regulate an interstate shipment included the power to authorize a sale after shipment, which is the basis of the original package See also:doctrine as applied to interstate commerce, and Chief Justice See also:Taney with two other justices who were of this See also:opinion held that a state might nevertheless in the exercise of its police powers regulate such sales so long as Congress did not pass an act for that purpose. In this confused and uncertain state the See also:matter rested until the See also:adjudication of Leisy v. Hardin & in 1889. In this case See also:beer had been shipped from See also:Illinois into See also:Iowa and then sold in the original kegs and cases by an See also:agent of the Illinois See also:firm when Iowa had a law absolutely prohibiting the sale of intoxicating liquors within its limits except for pharmaceutical, medicinal, chemical or sacramental purposes. None of the justices now denied that the power of Congress to regulate an interstate shipment included the power to authorize a sale after shipment, and although there was disagreement with reference to the right of a state to regulate the sale in the See also:absence of an act of Congress for that purpose, the
12 See also:Wheaton 419.
2 Waring v. See also:Mobile, 8 See also:Wall. no.
May v. New See also:- ORLEANS
- ORLEANS, CHARLES, DUKE OF (1391-1465)
- ORLEANS, DUKES OF
- ORLEANS, FERDINAND PHILIP LOUIS CHARLES HENRY, DUKE OF (1810-1842)
- ORLEANS, HENRI, PRINCE
- ORLEANS, HENRIETTA, DUCHESS
- ORLEANS, JEAN BAPTISTE GASTON, DUKE
- ORLEANS, LOUIS
- ORLEANS, LOUIS PHILIPPE JOSEPH
- ORLEANS, LOUIS PHILIPPE ROBERT, DUKE
- ORLEANS, LOUIS PHILIPPE, DUKE OF (1725–1785)
- ORLEANS, LOUIS, DUKE OF (1372–1407)
- ORLEANS, PHILIP I
- ORLEANS, PHILIP II
Orleans, 178 U.S. 498 and in re McAllister (C.C.Md.), 51 Fed. 282.
8 Woodruff v. Parham, 8 See also:Wallace 123, and Hinson v. Lott, 8 Wallace 148.
5 5 See also:Howard 504.
135 U.S. roo.See also:majority of the court were of the opinion that: " Whenever a particular power of the general See also:government is one which must necessarily be exercised by it, and Congress remains silent, this is not only not a concession that the powers reserved by the states may be exerted as if the specific power had not been elsewhere reposed, but, on the contrary, the only legitimate conclusion is that the general government intended that power should not be affirmatively exercised, and that the See also:action of the states cannot be permitted to effect that which would be incompatible with such intention. Hence, inasmuch as inter-state commerce, consisting in the transportation, See also:purchase, sale and See also:exchange of commodities, is See also:national in its See also:character and must be governed by a See also:uniform See also:system, so long as Congress does not pass any law to regulate it, or allowing the states so to do, it thereby indicates its will that such commerce shall be See also:free and untrammelled." The opinion of Chief Justice Taney in See also:Pierce v. New Hampshire was therefore in See also:part overruled and the Iowa law in so far as it applied to the sale in the original packages of liquors shipped in from another state was pronounced unconstitutional. As a consequence of this decision, Congress, in 189o, passed the See also:- WILSON, ALEXANDER (1766-1813)
- WILSON, HENRY (1812–1875)
- WILSON, HORACE HAYMAN (1786–1860)
- WILSON, JAMES (1742—1798)
- WILSON, JAMES (1835— )
- WILSON, JAMES HARRISON (1837– )
- WILSON, JOHN (1627-1696)
- WILSON, JOHN (178 1854)
- WILSON, ROBERT (d. 1600)
- WILSON, SIR DANIEL (1816–1892)
- WILSON, SIR ROBERT THOMAS (1777—1849)
- WILSON, SIR WILLIAM JAMES ERASMUS
- WILSON, THOMAS (1663-1755)
- WILSON, THOMAS (c. 1525-1581)
- WILSON, WOODROW (1856— )
Wilson Act providing that all fermented, distilled, or other intoxicating liquors or liquids transported into any state or Territory for use, See also:consumption, sale or storage therein should, even though in the original packages, be subject to the police laws of the State or Territory to the same extent as those produced within the state or Territory. Even with this act, however, a state is not permitted to interfere with an interstate shipment of liquor See also:direct to the consumer?
What constitutes an original package was the See also:principal question in See also:Austin v. See also:Tennessee' which was decided in See also:November 'goo. The general See also:assembly of Tennessee had in this case made it a See also:misdemeanour for any party to sell or to bring into the state for selling or giving away any cigarettes. The See also:defendant had See also:purchased at See also:Durham, See also:North Carolina, a quantity of cigarettes. They were packed in pasteboard boxes containing ten cigarettes each. The boxes were then placed in an open See also:basket and in this manner the cigarettes were delivered at the defendant's See also:place of business in Tennessee where he sold a package without breaking it. The court decided against the defendant because it held that the manner of transportation was evidently for the purpose of evading the state law and that the boxes were not original packages within the meaning of the Federal law, and in this connexion it observed that " The whole theory of the exemption of the original package from the operation of the state laws is based upon the See also:idea that the property is imported in the See also:ordinary form in which, from See also:- TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
- TIME, MEASUREMENT OF
- TIME, STANDARD
time to time immemorial, foreign goods have been brought into the country. These have gone at once into the hands of the wholesale dealers, who have been in the See also:habit of breaking the package and distributing their contents among the several See also:retail dealers throughout the state. It was with reference to this method of doing business that the doctrine of the exemption of the original package See also:grew up. " In the case of Schollenberger v. See also:Pennsylvania,' however, the court decided that the state of Pennsylvania could not prohibit the sale of oleomargarine by retail when it had been shipped from Rhode Island in packages containing only ro lb each, and the original package doctrine has been sharply criticized because of the difficulty in determining what constitutes an original package as well as because of the conflict between the doctrine and the police powers of the several states. It has been urged that the doctrine be abandoned and that commodities shipped into one state from another " be treated just like other goods already there are treated."
See J. B. Uhle, " The Law Governing an Original Package," in The See also:American Law See also:Register, vol. See also:xxix. (See also:Philadelphia, 189o) ; Shackelford See also:Miller, " The Latest Phase of the Original Package Doctrine," and M. M. See also:Townley, " What is the Original Package Doctrine?" both in The American Law See also:Review, vol. See also:xxxv. (St See also:- LOUIS
- LOUIS (804–876)
- LOUIS (893–911)
- LOUIS, JOSEPH DOMINIQUE, BARON (1755-1837)
- LOUIS, or LEWIS (from the Frankish Chlodowich, Chlodwig, Latinized as Chlodowius, Lodhuwicus, Lodhuvicus, whence-in the Strassburg oath of 842-0. Fr. Lodhuwigs, then Chlovis, Loys and later Louis, whence Span. Luiz and—through the Angevin kings—Hungarian
Louis, 1901); also F. H. See also:Cooke, The Commerce Clause of the Federal Constitution (New See also:York, 1908).
' See See also:Vance v. W. A. Vandercook See also:Company, 170 U.S. 438. 8 179 U.S. 343.
171 U.S. I.
End of Article: ORIGINAL PACKAGE
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