ORIGINAL PACKAGE (OF., Fr. original, original, from Lat. originalis, original, from origo, origin, from oriri, to arise: connected with Gk. apptivat, ornynai, Skt. ar, to arise). With refer ence to interstate commerce, the package in which goods are shipped. The term has a special significance arising out of a line of decisions of the United States Supreme Court, deciding questions raised by the attempts of the various States to prohibit or regulate the sale of in toxicating liquors, cigarettes, and other com modities on the ground that they are injurious to public health and morals. The eases in which these questions were raised are known as the 'Original Package Cases.' The 'interstate com merce clause' of the United States Constitution provides that Congress shall have power "to regulate commerce with foreign nations. and among the several States," etc. A State can regulate the domestic manufacture and sale a commodities, under its police power, and, there fore, in the so-called 'prohibition States' the manufacture and sale of intoxicating liquors was practically prohibited. This led to the im portation of liquors from other States, and seizures by the State officers. The United States courts held that where an article is imported into one State from another, it does not lose the protection of the interstate commerce clause until it has become intermingled and incor- • porated into the general mass of property of the former, but in such event it-becomes subject ; to the laws of that State. Further, that while goods remained in the original packages. cases, barrels, etc., in which they had been shipped, and while in the hands of the importer, they ' had not hecome so intermingled, and remained subjects of interstate commerce protection. The importance of such decisions lies in the fact that such an interpretation of the law gives ample , opportunity to evade State laws, under the tech nicality of selling goods in the original packages directly to consumers. Such a sale deprives the goods of the protection above mentioned, but as the goods are thereby placed in the hands of the actual consumer, this is immaterial. After
goods in original packages have been sold by the importer, they become subject to the State laws. However, a liberal interpretation of what constitutes an original package enables dealers to import the otherwise prohibited articles and retail them. For example, liquor in bottles has been held to be in original packages. However, if the bottles were inclosed in a case, the latter would be the original package, and the importer could not retail the bottles without conforming to the State laws. An original package was finally defined to he any covering, case, wrap ping, or receptacle in which an article is in closed for transportation.
By an act of Congress, approved August 8, IS90, known as the 'Wilson Law.' it was pro vided that all intoxicating liquors imported into a State shall on their arrival he subject to the laws and regulation of that State, enacted in the exercise of its police power, in the same manner as if they were produced there, and shall not be exempt by reason of having been intro duced there in original packages. The purpose of this law was declared by the United States Supreme Court to be to prevent the sale of liquor in original packages in violation of State laws, and it effected a radical change in the law in this respect. However, a number of decisions have held that such State regulations must be strictly confined to the police powers of the State, such as requiring liquors to be sold within certain hours. etc. A license tax on imported liquors in original package.: or otherwise. which seemed to have no other object than to provide revenue for the State, was held void, as being a tax on interstate commerce.
The law as to all other commodities in original packages remains the same as before the above act, and is still of great importance in its bear ing upon laws prohibiting the sale of cigarettes, etc.