The San Francisco call., 1897-10-08
FALSE LABELS
NOT TOLERATED
Decision of a United States
Court in a Missouri
Liquor Case.
Labels Must Tell the Truth,
Otherwise Fraud Has Been
Committed.
Remarks of the Judge on the --latest
Exploit of Commercial Dis
honesty.

There were no more seizures of Liquors
or cordials by the revenue officers yester-
day and nothing new developed in the
case of the seizures already made. Alex
ander B. Wilberforce, the local agent for
Coates & Co.'s Plymouth gin, declared his
intention of prosecuting the mec who
1t is claimed have been selling an inferior
article of gin and representing it TO be the
genuine Coates gin, but said that he
should not advise any more seizures until
the stuff already taken had been gauged.
Said he:
1--WE have known for some time that
certain dealers have been reflling our
bottles, and in the past few months l
have heard many gin drinkers remark
thgt our gin was not up to its former
standard. Knowing positively that it
was, started ar investigation and the
day before yesterday 1 went to Kohnke' 8
winehouse and purchased q drink of what
was claimed TO be Coates & Co.'s Plymouth
gin. At least that is what l called for,
and the bottle which was placed before
me bore Coates & Co.'s label. L then re-
ported the matter to the Collector OF In
ternal Revenue, and in the afternoon re-
turned with a Deputy Collector ana the
secure followed.
''On Sc eptem Der 2 we had our trademark
registered with the Secretary of State, and
l believe 1t is the intention of the Fedora
authorities to do every thing in their
power 10 protect i'm mpOrIerS of foreign
wines and liquors. The stuff seized will
be gauged and then probably a test case
Will be made. Until that is done DO not
anticipate any further developments.
Messrs. Cormac & Donohoe, who repre-
sent a number OF importers of foreign
liquors, stated that they had received in
suuc-ions to vigorously prosecute the
sellers of the alleged bogus spirits, and
that If upon analysis the spirits were
found to be other than what they had
been represented the offenders would be
brought TO speedy trial
Chief Deputy Internal Revenue Collector
Steppacher has found decision in the
Federal Reporter, volume 76 No. 3, the
case OF the United States versus 1872 pack
ages Of spirituous liquors and wines IN the
Eastern District OF Missouri The decis-
ion was to the effect that labels must tell
the truth.
The packages seized were marked as fol-
lows: J. & T. Marteu, Cognac. Booth &y
Co., London; Superior Old Tom Gin.
Sir Robert Burnett & Co.; VauxhalI Old
Tom Gins John de Kuyper & Son Gin
Bconekamp, Mag gbitter, Farnet Branca,
Molly Prat & Gle Vermouth; Italy Yer
mouth, Torino; Curaca de Holland
Eduard Pernod Absinthe; Boxers Stom-
ach B.tters; Yellow Chartreuse, L. Gar
nier. The decision goes on to say:
That the several names and brands herein
before mentioned, and which were mark ed
upon said packages, were each q name and
brand known 10 the trade desig mating q
particular kind ana quality of imported spir.
1tuous liquor or wine, and tnat the contents oi
said packages were respectively OF the same
generic class as the LIQUOR or wine known tC
the trade under the name and brand marked
upon the package containing the same; thai
is TO say, the packages bearing the marB
Booth and Company, London. Superior Old
Tom Gin contained gin, and the packages
marked ~. F. MartelL Cognac'' contained
cognac brandy, etc, etc, but that the spir.
ituous liquors and wines contained in said
packages respectively were not the specific
kind and quality OF spirltuOus liquor wine
known to the trade by the name and brand
marked upon said packages respectively, but
differed from the spIrituous liquors and wines
known to the trade under said marks and
brands respectively in taste and in inferiority
in quality of excellence.
Circuit Judge Caldwell, in rendering the
decision, said:
UGquestionably an observance of the re-
quirement that packages of liquor shall be
shipped or removed only under names indi-
eating tru thfully their contents will aid the
revenue officers to trace and identify such
packages, and thereby verify the truth or
falsity of the books and records of the distil-
Ter or rectfer. The section is none
the less a revenue regulation because its en-
forcemeut may tend TO discourage the piracy
OF trademarks and prevent frauds upon
those who consume the contents OF the pacK-
ages. Congress has an undoubted
right TO legisate to prevent frauds the
public revenue, and the validity of such legis-
ietfon is not affected by the iacE that it Incl
dentally tends TO the discovery or suppression
OF private frauds.
Nearly a year before the date of the
foregoing decision Judge Priest of the
District Court OF Eastern Missouri decided
that he false labelling of domestic liquors
ss foreign liquors did not leopard the
revenue of the Government. The later
decision will have precedence.
Ye terday afternoon the attorney for
the offending firm filed a brief with Col
lector Lynch, taking the ground that his
clients had right to sell liquor of their
blending as we'll as that manufactured by
others under the la bells of foreign goods
The brief alleges also that no fraud has
been committed, especially none where
the Government may have any taxable or
monetary interest.
All the papers in the case will be sent
on 10 Washington, and pending the de-
cision OF the Treasury Department no
more seizures or detentions Will be made.
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