Los Angeles daily herald., 1876-05-31
Much Ado About Nothing.

After a great deal of fuss and feath-
ers, expense, loss, inconvenience and
the subsequent trial of one of the pro-
prietors of the Los Angeles distillery,
growing out of the seizure of that es-
tablishment on a complaint of viola
ton of the Internal Revenue Law, the
conclusion hes been reached that no
illegal act had been committed. The
trial of CURTIS on string of indict-
ments as long as the new city charter,
resulted In verdict of not guilty on
all save the first count, which was the
removal of spirits from the premises
before the packages had received the
regulation number and quality of
Government brands and stamps. The
grounds on which this charge rested
were that the spirits were removed
from the distillery to the rectifyer and,
this was construed into removal
from the premises. If We concede
that the premises extend from one
branch of the brandy manufacturing
process to another, it will be difficult
to see how this count can be success
fully maintained. The weakness of
the position has been pointed out by a
number of legal minds and recognized
by the Judge before whom the case
was tried to the extent of an admis-
sion that his charge to the Jury, with
reference to this count, was not in ac-
cordance with the law. A new trial
will probably be granted and the re-
suit will be the total acquittal of the
defendant. Mr.. TARBoX, another one
of the proprietors, was indicted on
three counts, but as they are precisely
| similar to three of those on which Mr..
CURTIS was acquitted, it is not
likely that he will be brought
to trial. This is case concern
| ing which the Pacific branch of
the Revenue Department raised hue
and cry, more commendable to their
zeal than conclusive of their intelli-
gence and judgment, falls to the
ground. Now let us glance at the
consequences growing out of this sim
gle illustration of the government
rule of treating all distillers as thieves
and rascals, who only want an oppor.
tunity to violate the law. A fine busi-
ness has been very seriously injured;
the proprietors have sustained much
loss of time and money; the creditors
of the distillery-mostly farmers and
vineyardists who supplied the grapes
from which the brandy was manufac-
| tured-have been kept out of their
money for many months, and owing
to the loss and delay occasioned by
the seizure, will never receive their
claims in full, business generally in
this community, has been adversely
affected and prosperity to a certain
degree retarded. For all tn is damage
there is no recourse. The Govern
ment makes no restitution for losses
of this character it inflicts upon citi-
zens, and suit for damages against
the Collector would be defeated on the
alleged ground that there were reasons
justifying the proceedings. 1t is one
of the defects of government that a
wrong may exist without a remedy
for its correction and removal. The
Internal Revenue system is heavy
cross to the people, without the SEM
blance of crown in prospective. Of
the millions of dollars collected under
the law but the fragment of frag-
ment reaches the public treasury.
The law should be expunged from the
statutes but If this cannot be done-if
the moiety of the vast sums forced
from the people that does not go into
the pockets of the officers-is necessa-
ry to the perpetuity of the Gov
ernment let the system be so changed
and modified that spite and spleen
cannot be accepted as evidence of guilt
and the fact that man is distiller
shall not be regarded as proof posi-
tive that he is scoundrel and thief.