The San Francisco call., 1897-08-25
Interference With Its Ship
ment Upheld by J.
w. Kerr.
Board of the Manufa cturers' and
Producers Association
May Act.
Will Endeavor to Protect the Repu-
tation of the Productions
of California.

A letter, upholding the action OF In
spector Dockery. for having interfered
with the shipment OF alleged impure
brandy some time past, was yesterday re-
ceived by the board of directors OF the
Manufacturers and Producers Association
from its pres ident, James w. Kerr.
The communication was called re-
port on what is generally known as the
Dockery case, and among other things
stated that the act com planned of was the
boring and spilling the contents OF three
barrels forming part of shipment of So
called brandy in transit from a United
States manufacturing bonded warehouse
at San Francisco; also that the issues in
yolved were Of serious character aside
from their relation to Mr. Dockery per-
sonaIly and that the broad question at is
sue was: Could goods be manufactured
in United States bonded warehouse
which by reason of their adulterated and
fraudulent character it would be unlswful
to manufacture anywhere in this State
outside OF such warehouser Or in other
words were the pure food and inspection
laws of this State null and void as against
any manufacturer who conducted his
operation under the protection of
bonded warehouse. The letter goes on 10
state:
The local inspector claimed authority over
tn goods in question on the ground that they
were counterteits and1raud ulent and made In
violation of the pure-food laws of this State.
The Federal authorities, on the other hand,
contended that the goods, being in bond. we're
entitled to their protection, regardless OF their
character or of the fact that they had been
manufactured in violation OF the State laws
When the inspector was arrested Colonel w.
p.rra l. rs,.r1lxy xrnlt1 Ntnnr ran n hnF
him; but the case was continued from time
TO time awaiting the arrival OF papers from
Washington, the facts relating to which you
are all familiar with. When the Federal
authorities were ready to proceed with the
trial Colonel Barnes was engaged in the Figel
case, and no one had been appointed in bis
place. To avoid further continuanceS or the
danger OF the case going by default your pres
ident. acting under authority vested in him
| by this board, engaged the services OF Attor-
ney J. J. Dunno to defend the case.
To de term1ne these points, Mr.. Dunno for
this associa ton offered three lines of defense.
First, that Mr.. DocKery in the action COM
! pained or believed he was acting within his
| legal powers. and was doing what he believed
% be his duty III upholding The laws of the
State and consequently was void OF any
| criminal intent; second, that by reason OF
fraudulent branding and failure to conform
10 the regulations governing manufacturing
bonded warehouses, the sDlpler had been
fused a permit by the Deputy ollector of this
pert, ana also by the Naval Officer, and that
when permit was finally issued By Collector
officer, which was withheld for cause, ana
that Uy reason olthese irregularities the ship
ment was unlawiully abroad, and therefore
not tntitled o Federal projection; third, that
the manufacture of such goois was gross
VIC alton OF our puIe-io0d laws, in that they
contained but 10 per cent Oh the article they
initiated, and were intended To deireud the
purchasers Dy trading upon the good name
and reputation OF a well-known product OF
this Slaie.
The case was duly presented by Mr.. Dunno
in an argument with the result that Inspector
Dockery was acquitted soely on the lack OF
criminal intent, as on the other points The de-
cision was against him. We have succeeded,
however, in securing through this case an In
depreciation of the Federal regulations bear
ing upon our State laws
1t rs not my purpose TO criticize the in ter
pretation OF the law by the learned Judgc,
who impressed me as perfor ming a duty
which was distas teful to himself, but this
seems an instance where law triumph and
justice fails.
This matter should not rest here. There is a
large and important work for this board to 40,
and were the necessary funds at your disposal
/ should not hesi Ia tie 10 the course 10 ad-
and it spending large sums OF money in Ma
tional and foreign exhibits. We have earneda a
reputation, as a Hamburg and other points,
which means much to our producers, If prop
erly protected. If we fail to throw the proper
safeguards around The reputation earned at
OF it by tn Sc dishonorable practices we will
discover when too late perhaps that tha
money and labor spent is as water on the
desert sand.
If you feel tn at the funds cannot be secured
to press the issue on other lines 1t might be
thorities could be secured in matter OF such
general interest.