The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-25

fore bearing upon titSEe Inquiries. Abtst Nues
lions aIe-FIrst, whether The law Of jug 20 lots,
authorizes the distler 60 convey from the outet o.
the worm tile product Of his dstillation 10 sim or
doubler through which the pfoouct has nol pssseu
before reaching tho worm and authorizes nm 10 re-
dsti! such product in such still or donhci seeonu
whether the disrer authorized 10 convey me RIo
Duct OF ms Installations from The orfAhai ss,l., -
10 bank ana thence 10 anotser ~, ia -
whether called donbler or secona s,, nns q. IL
separate the product OF the second d,sa.i aaa, ~
passes from the worm connected with snch secoio
stll or receptacle, the prcf spirit us, LA r;nau
.s~afa 70 tne rece,sg cso ,sr nnt 60 the above
mentioned tank am niioe y. Ioa,n.d ~ 10 m
stantial answer 10 your INQUIRIES - ~ nrnlsn as
Immediate and pressing Importance, 70 ln niSn NC
fuiI discussion of the Statute IN It's de,ans US
could wish am satisfied Thai me seneias gt..po e
al the law SO FAR a. il relates 10 TINS TOPIC VI uhtieu
sui,ts Is 10 law lax upon the product Of distila-
\ tton known Ia The acts az proof Spirits an Ae
,snnorr are provisions concerning the mode and
aa.,ara,ms Of dlstiation however important they
NAV be- have really only 20 40 Win VIVA, may
be called the public regulations vi the ACT W secure
the collection OF The tax.
40 moi understand the act to propose any regna-
zion or restriction upon the modes and confrvances
which the experience or the interest Of the disiler
ana, suggest useful ia The production OF proof
spirits except in the sense and object Of providing
for the supervision and scrutiny OF tie process OF
! sstillafion in anu OF the governments purpose TO
collect the tax. IT ~, however, very apparent teat
! the acf has made decisive and peremptory thstinc
tiOns between the production or proof spirits, or the
rect.1catiOn or pur1hcatiOh, or Tie production oi
other forms OF alcoholic compounds. These latter
provisions OF The have for their direct object the
purpose OF the government TO extract an independ
emf tax from these additional operations Of rectiL
cation or di5tillation applied TO what has aready
been produced AZ proof spirits by the orlp-
nal process OF distiliation Any scheme, therefore,
continuance or arrangement OF the means and appa-
ratus OF dstillation which should seek to produce
final fecliiled spirits, OF ALCOHOL through Sncces-
sion OF simple Installations, and thus accomplish the
production OF alcohol, or rcc;iiicd In manner Ia
subject these products only TO single tax as upon
proof spirits, would be presulnptivey IN confraven-
ZION OF the law; but this mischief and this iDfraction
oil the law being avoided, ! am satisfied fnat any
coDtrivance or arrangement OF apparatus by which
the principal and definitely described product OF
proof spirits within the meaning Of the law il the
result Of the Manufacture and is not Objectionable,
unics IN the arrangement OF the apparatus the posi-
tive provisions Of the act in the nature OF police
regulations us have already characterized them,
are III some points violated.
10 come directly then 10 The practical inquiries
when you put to me, | am OF opinion
tbat true construction OF the act does moi require
any distinction 10 be drawn between arrangements
81 stils by which the process Of doubling Is carried
on literally, SO TO speak, by passing the low wines
second time through the Same still, and passing
these low wines a second time through distillaion
in another sim. This process OF doubling u not
only IN the general practice OF The manufacturer q
necessary PROCESS but IL IL one distinctly and by
recognized and allowed 10y the act itself. Pre-
sgmptuously, law which has only for purpose re-
venue from manufactured prUdnct should mol be
he'd 10 Interfere win the netlOd OF manufacture
which either economy or excellence in the product
would dictate 10 the MANUFACTURE. IL must then
be- il 1t all IN some OF The provisions OF the act
which regulates the arrangement OF the apparatus ~
dlsiillati0n FOR the purpose OF accessibility ana
security against fraudulent manufacture III proof
are supposed TO eAciuue continuous Redistribution
and permit only Redistribution through the very
stiii winch Tie first ana incomplete distiiiaaon has
employed. such provision, II Ii suggested, may lie
round IN the sixteenth and seventeenth sections of
ihc act; and 10 give tuese sections this efficiency
stress is laid upon the pnraseUiOly which requires
TIA. certain pipes shan he connected and cou-
s,rlc,ed as 10 prevent the abstraction OF s,llts
wiiie passing from the ous.et 81 q worm or con-
Gensef back tile Sill or oiDer," in the siSteeufh
section, anu thai every pipe Tor the con- eN-
,nce Of low wines back INTO the SIN Or douber
4Nf txF.M Hmm n.r,. M
too too ne ' whose icrcr Of IKE s5snnen, which
would Involve SO serious aud unsuitable conse-
guencs Or interference Wgti the processes o. manu-
lacfnrc dictated BY economy or hAceAencc N the
prodnCi, are these prnyisioBs, which are wholly IN
tho nature o. police reguatitH 70 All Of ihe scrutiny
aud security Of The government la Inc coi!eeouo f
the tax.
Tnis is Inconsistent in my Judgment, with the
s0nnd principles OF construction ana inis publ
city and Integrity Of the apparatus may M adequately
secured III due conformity TO tie positive regulations
9" neI ~. s d ny ?, .ppE ta 70 the rDss
back INFO dissillation although through a progress
sNc ptocoss, 10 second Still ~ Wei a. By carrying
laeiI back mechanically INTO the same still which
has once been used, can see no evasion or lT'lstla
ton " any q the purposes o. these two sections by
further diitlmtion OF low wines anterior pro-
du,tion " tho proof spirits described by the
,os, nene cacn IN ~ M e eI gsr ~
or convenience may suggest upon these conaidera-
.tons aIa satisfied that 70 convey FROM Fnc outlet
OF The 'he product 0f his disaiOn 10 stll or
dvHbler through which such product has not passtaL
before rearhng the worm by distiler, y not VIC
a,on the ACT Of July % 1868, aHd that such dis
nei. may ~ TINT method edistill low wines OF the
arsi d.staton 81 the production u proof spirits,
uescl;bci IN the act. This answers your Grst in
aniy. Your sotonu inquiry, ~ understand II, IN
iiod1ces oDls Is lurtLer consideration ~ whether
. t0ns maj hc inserposed at a receptacle nesacnD
The worm o. tue lrsi disIllatt0n sud the douper ~
second rll, aud whether ,lie product or tie second
dl-lla'0n, - far The same Eni not reached the
coNd,rou or proof spirit bui still continues 70 lie
low wines, may BIZ CARED oacs 70 thi> sans ipf
llrneT dsStlnttln.
ille same Ielsoiis which have e me IN answer
your FIRST inquiry as have done fpermit 90 icgr
distinction to be i9sen either because "a Ds inter-
position ~ Ia, tank or by reason Of ms Continued
rsdisiigtion ~ Tie lOw MIne. through process 81
witch he ianh c1nIiLnes 10 form part o. the nm
p.u.ius. Sllch iJi AIranQcntht therefore would No.
gl judgment be violation o. The act. think II
necessary only 40 add that he whole SCOPE nna arl-
meu " tins liberty aud cnlite o. method and appa-
ratus limited 10 The production VI proof spirits
and no inference must oe drawn froia this opinion
thai an euggalsing conncriion of the processes
the apparatus " rsc:ly ng proof spirits or % manu-
tactgr.ug ctnof Alcoholic compounds. IA Juttinei 10y
my conclusions ar ~ The s.ninE On ncliihe
msc,i. have ~. honor 10 be. respectfully. &C.,
WILLIAM VI. EyAkiS.