New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-10-31
is ApoLLIN1RIS WATER DUTIABLEs

THE TEXT OF AN OPINION DELIVERED BY ATToR-
NEY-GRNERAL MAcvEAGH-rHE QUESTION ONE
PROPER FOR COURT AND JURY TO DECIDE.
The following is the text of the opinion OF
Attorney General Macyeagh upon the question whether
Apoinaris Mineral Water is dutiabe:
DEPARTMENT OF JUSTICE. I
WASHINGTON ID. C., July rs. 1881
Hon WILLIAM WISDOM, SecTct0ry Of ne Ireoslry 40
Sir return herewith the papers submitted 10 me Win
the letter OF Acting Secretary French, requesting my
opinion whether Apolinars Mineral Water is entitled 10
In reply thereto have the honor TO state that have
carefully investigated the subject and have been greatly
AIDED n such ~ oGi bs nna s1e e v NJ
Webster, and on the other side by Mr. Ashton and Mr.
wholly question OF fact and the evidence upon it is so
conflicting and contradictory that u appeust me 70 De
Indispensable that IT should be submitted 10 court anu
jury. ..on.
Ientertan no doubt whatever that mineral waters
mot srtifcla IN toe meaning o. lhe Aet o,
stated IN the affidavit OF Mr.. Sheelan, included IN the
Congress spring, Saratoga, Sew-York. He says that
tine water nom the natural mineral iouutan knoMn
- Congress Spring Is taken directly from the splnS
- flows from lis veins ia the earth, and Immediately
bottled, without adding any substance thereto ana win
The Apoinaris water the contrary, II not bottled
q ut flows from the spring but IT Is in the rst place
heavily surchaFged with carbOnc acid ana ten rs
OF salt added thousand parts OF water Ii Is
saesed on behalf OF me importers that not Only .h9
or rom assures in the rock lmmedatey afone va
with greater portion of such gas than Il possesses az
depth fifty feet below the surface and that the pro
merely 20 IL the which had there
after escaped THIS contention H. however, yehcmenuy
denied, and IL s insisted that not only lie there 20 ey
dence fiat the quantity OF gas is the same bat at ne
evidence clearly estsblishes that the water as DqSu
contains very considerable excess oyerthe waterh the
spring.
As 70 the salt the importers ellege that II Is simply
added preserve the water in its natural state ana 70
prevent contact with the cork from altering u inns
however Ia also earnestly denied, ana l:ls nsteo
that the salt k added. Ike the alleged excess o. eaigDrg
acid for the sole purpose OF altering the uaur
character OF the water II flows from the spring ana
OF eahancing its value sparkling and palatabe Dew
eIage.
IN view OF this conflict OF testimony and OF the fact
that Special Agent Adane OF your Department, hI.
eherer the chemist selected by him. as well az Appraiser
Howard Collector Merritt OF the PORT OF sew orh
have after thorough consideration coneurTed IA hndhg
that the water In question Is subjected 10 sncb heIson
after 1t leaves the spring 20 render u an hitlheai
mineral water OF the opinion That ougnt W DC 30
regarded and held 20 be liable to duty. -.
cannot say that the question u nee IRON houpty put
have less hesitstOB IN reaching the conclusion have
stated because il viii be subject 10 review, II the I'M
porters desire H. and the question VAL then reach the
only tribunal which, In my Judgment lie entirely cope
tent 10 decide IT, -,
~ 'A' TAYaE MAcvEAoH,
Attorney General.