The interstate commerce protection ceases when the package is opened, and separate packages removed before sale; May v. New Orleans, 178 U. S. 496, 20 Sup. Ct. 976, 44 L. Ed. 1165; People v. Roberts, 158 N. Y. 162, 52 N. E. 1102; In re Wilson, 8 Mackey (D. C.) 341, 12 L R. A. 624 ; In re Pringle, 67 Kan. 364, 72 Pac. 864 ; Kimmell v. State, 104 Tenn. 184, 56 S. W. 854; Com. v. Paul, 148 Pa. 559, 24 Atl. 78; State v. Parsons, 124 Mo. 436, W. 1102, 46 Am. St. Rep; 457; Hopkins v. Lewis, 84 Ia. 690, 51 N. W. 255, 15 L. R. A. 397, where it was held that liquor sold over a bar from a bottle handed to a customer, with a glass to help himself, was not a sale in the original package; it was a sale of the contents of the original packages and not the packages themselves. But in another case, where, before the date of the Wilson Act, beer in sealed bottles packed in boxes was sent into the state, consigned to an agent, who removed the bottles from the box, furnished corkscrew and tumbler, and allowed the customer to help himself, the sale was held to be in the original package; State v. Miller, 86 Ia. 638, 53 N. W. 330. A sale of the package for ten days' trial and the privilege of return if not satisfactory, destroys its "original" character ; Wasser boehr v. Boulier, 84 Me. 165, 24 Atl. 808, 30 Am. St. Rep. 344.
The rule that the protection is ended by breaking does not apply where it is merely for the purpose of inspection by the pur chaser ; Greek-American Sponge Co. v. Drug Co., 124 Wis. 469, 102 N. W. 888, 109 Am. St. Rep. 961; In re McAllister, 51 Fed. 282; Wind v. Der, 93 Ia. 316, 61 N. W. 1001, 27 L. R. A. 219.
Goods brought in original packages from another state after they have arrived at their destination and are at rest within the state may be taxed without discrimination like other property within the state, al though stored for distribution and delivery in the same packages to purchasers in vari ous states; American S. & W. Co. v. Speed, 192 U. S. 500, 24 Sup. Ct. 365, 48 L. Ed. 538; Woodruff v. Parham, 8 Wall. (U. S.) 123, 19 L. Ed. 382 ; Leisy v. Hardin, 135 U. S. 100, 10 Sup. Ct. 681, 34 L. Ed. 128; which was followed.and applied in Merchants' Transfer Co. v. Board of Review, 128 Ia. 732, 105 N. W. 211, 2 L. R. A. (N. S.) 662, 5 Ann. Cas. 1016. It is otherwise as to imports. See that title.
A state tax on all sales of goods brought from another state is valid; Woodruff v. Parham, 8 Wall. (U. S.) 123, 19 L. Ed. 382; otherwise as to imports of foreign goods; Cook v. Pennsylvania, 97 U. S. 566, 24 L. Ed. 1015. So a general state tax laid upon all property may include commodities re ceived from another state and held for sale; Brown v. Houston, 114 U. S. 622, 5 Sup. Ct. 1091, 29 L. Ed. 257. Credits or bills re ceivable, the proceeds of sale of imported goods in original packages, are taxable by the state as invested capital; People v. Wells, 208 U. S. 14, 28 Sup. Ct. 193, 52 L. Ed. 370, affirming 184 N. Y. 275, 77 N. E. 19, 12 L. R. A. (N. S.) 905, 121 Am. St. Rep. 840.
State regulations as to labels (stating con tents) as applied to original packages do not interfere with interstate commerce as to contents; McDermott v. State, 143 Wis. 18,
126 N. W. 888, 21 Ann. Cas. 1315; or weight; In re Agnew, 89 Neb. 306, 131 N. W. 817, 35 L. R. A. (N. S.) 836, Anna Cas. 1912C, 676; otherwise, as to protecting domestic mann facturers against lawful competition in other states by discriminating regulations; as by re quiring the marking of convict-made goods brought into the state ; Opinion of Justices, 211 Mass. 605, 98 N. E. 334, Ann. Cas. 1913B, 815.
The use of the words "original package" in a state statute forbidding the sale of black powder except in original sealed pack ages of a certain weight, does not prohibit the importation from other states of pack ages of other weights ; Williams v. Walsh, 222 U. S. 415, 32 Sup. Ct. 137, 56 L. Ed. 253 ; but the state may forbid the sale of it ex cept in original packages; In re Williams, 79 Kan. 212, 98 Pac. 777.
Congress may lawfully provide for the con fiscation of adulterated food, by a proceeding in rem in federal courts, while in the hands of consignees in unbroken packages ; Hipo lite Egg Co. v. U. S., 220 U. S. 45, 31 Sup. Ct. 364, 55 L. Ed. 364.
As to the correct use of the word "im ports" as meaning only goods brought from a foreign country and not from another state, see IMPORTS.
The power to regulate or forbid the sale of a commodity after it has been brought into a state does not carry with it the right and power to prevent its introduction by transportation from another state; Bowman T. R. Co., 125 U. S. 465, 8 Sup. Ct. 689, 1062, 31 L. Ed. 700. This was followed by.Leisy v. Hardin, 135 U. S. 100, 10 Sup. Ct. 681, 34 L. Ed. 128, where it was held (three judges dissenting), that a state statute prohibiting the sale of intoxicating liquors, except for medicinal, etc., purposes, and under a li cense, is, as applied to a sale by an importer and in the original packages or kegs un broken and unopened, of such liquor brought from another state, unconstitutional and void as repugnant to the commerce clause of the constitution. See 4 Harv. L. Rev. 221, for a criticism of this case. The rule estab lished in Leisy v. Hardin, does not justify the contention that a state is powerless to prevent the sale of foods made in or brought from another state, if their sale may cheat the people into buying something they do not intend to buy, and which is wholly different from what its condition and appearance im port; Plumley v. Massachusetts, 155 U. S. 461, 15 Sup. Ct. 154, 89 L. Ed. 223, upholding the Massachusetts Oleomargarine Act.
Subsequently the passage of the Wilson Act secured the right of state regulation aft er the breaking or sale of the original pack age. See supra and also LIQUOR, where that act is treated.
A state may regulate or prohibit the sale of liquor even in the original padkage ; Vance v. Vandercook Co., 170 U. S. 438, 18 Sup. Ct. 674, 42 L. Ed. 1100; but it cannot impose a ppnalty on a carrier for transporting such goods within the state and before their de livery ; Rhodes v. •Iowa, 170 U. S. 412, 18 Sup. Ct. 664, 42 L. Ed. 1088.
See COMMERCE; LIQUOR LAWS; OLEOMAR OARINE.