The San Francisco call., 1897-06-13
IRISH UPHOLOS COOKERY
Naval Officer Explains the
Commercial Meaning Of
California Brandy.
Owners of the Misbranded Liquor
Nay Be Arrested Before
the Csc Is oSed

The Manufa cturers' and Producers As
soclation, in answer to a letter sent by
them TO Colonel John P Irish, United
States Naval Officer, referring to the de-
lay in the trial of the Dockery brandy
case, has received the following commu-
nication, which gives more clearly the po-
sition and authority of the Naval Office
in this matter, as well as the merits OF the
case as viewed by one who, 1t must be
conceded, ought to know what he is talk
ing al bout:
SAN FRANCISCO. Cal, June II. 1897.
Jd7nsS ". Kerr Esq, President Manufacturer
dnd Producers Ass0cidtion-DEAR SIR: In re-
ply TO yours OF the 10th inst. l have 10 say
that the Dockery suit is beyond my jurisdic-
tion.
1t was brought in great haste and appa-
rently 10 cover the escape OF the fraudulent
brandy, and il may be the prosecu tor evades
trial because that will perhaps bring out evil
denee that will cause the Government TO de-
tain, seize and destroy the adulteratiOn in
New York.
The transaction, from the standpoint of
Federal law, was from the beginning illegal.
The Federal law requires that a statement Of
the article TO be manufactured and the
formula Tor its production be led in the
Naval office before operations commence in 3
manufacturing bonded warehouse. This was
not done. The reason for the omission is
obvious If such formula for the manufacture
Of "Pure California brandy" out of 80 per
cent raw corn whisky ana 10 per cent raw
brandy and water had been lied with me
would have secured refusal Of permission to
proceed. The returns OF the Internal Revenue
Commissioner for 1896 show that OF the
2, ,12l ,625 gallons of grape brandy made in the
United states last year California prod uced
2. 066 4O4 gallons. The small remainder OF
80 22l gallons was made in Alabama, Arizona
Arkansas, Georgia, Illinois, Iowa. Kentucky
Louisiana, Missouri, New Jersey. New Mexico
New York, North Carolina, Ohio. Oregon,
Pennsylvania, South Carolina, Tennessee
Virginia and West Virginia in small quanti-
ties running from 10 gallons in Louisiana to
%, S32 in OHIO, OF the 1,219, 100 gallons OF
apple brandy made in the United States Cal
ifornia produced % gallons, and OF the 63, ,o37
gallons OF peach brandy only 1927 gallons
were made here.
You are aware that these internal revenue
statistics are accurate, because they are taken
at the distillery where the material used and
the product are under official supervision.
Nebraska produced no brandy OF any kind
No further uthority need pe shown for the
commercial meaning OF the term California
brandy 1t means grape brandy. As such
ii has acquired credi: abroad. The German
Government buys shlpIoads OF II for army
hospital use. The English market takes IT.,
and its credit has been esta blished by holding
ii up to The ievel OF its cOmmercia al meaning.
The Federal law does not intend shelter to
such dangerous adul terations as viii destroy
this good commercial reputation. Section
3449 OF the internal revenue says:
whenever any person ships TRANSPORTS or
removes any spirituous or fermented LIQUORS
or vines, under any other tuan the pruper
name or brand known 10 the trade as designat-
ing the kind and quality OF the contents OF the
casks or packages containing the same or
causes such act to be done, ne shall forfeit
said liquors or wines and casks or packages,
ana be subject to pay fine of $500" 80
Instead OF arresting Dockery the owners of
this misbranded liquor should nave been ar
rested, as they doubtless will be before the
case is closed.
In my view Dockery was in the line of his
duty. The liquor was unlawfuly removed
rom the bonded warehouse, where it had
been illegally manufactured. to be exported
under a false brand and in defiance OF Federal
law. But suppose that every requirement of
the Federal law had been fulfilled, and that 1t
gave a license and permit to make such stun
and call it California brandy, Mr.. Dockery
would have had perfect authority under the
State Jaw to proceed as he did.
The United States sells a wholesale and re-
tai liquor license 10 sell liquor in Maine,
Kansas and other States where such sale is by
State law mlsdemeanor. The buyer of the
license knows that it does not diminish the
r,sk he takes, and that the State law will spill
his liquor and send him to jail.
-, II the United states permits the anu
facture OF adulterated brandy in bonded
warehouse in alliornia, the manufacturer
lakes no shelter from such permit against the
! pure-fo0d laws of he Safe.
Prohibition and sanitary laws are in pursu-
ahce OF the police power of the States aud the
| decisions of the United States Supreme court
| in the Kansas ard other cases Instead of an.
tagonizlng State police powers and the Fed
eral power TO raise revenue, harmonize them
completely by putting the risk upon the fndi-
viduRl who buys OF the United States a license.
or secure permit.
In this view of the case, do not douht thai
the prosecution of Mr.. Dockery will fail and
that his vlndication will admonish the de-
stroyers of California's commercial honor.
Very truly, JOHN p. IRISH.
One ground upon which Naval Officer
Irish refused 10 sign the export permit of
the bogus brandy was that it was not the
properly OF the warehouse company as
section 700 requires, but was in fact manu-
factured for another party in violation OF
law. A decision came Saturday from the
reasury Department sustaining Naval
Officer Irish in mis- action and the stand
he has taken IN the controversy as well as
affirming the violation of section 700 by
the warehouse company.
The effect OF this decision upon the de-
tention of the bogus stuff in New York is
not yet known, but Mr.. Irish is inclined TO
the belief that it will never be shipped.
1t proves however that the liquor was IL
legally manufactured and unIawfully
shipped from this City for expectation.
ADVANCES made on furniture ana pianos with
or without removal J. N0Onan, 1Ol7-1O25 Mission.