The San Francisco call., 1897-07-14
BOGUS BRANDY TROUBLE
A Very Unsatisfactory Reply
From the Treasury De-
partment.
1t Calls Out a Decidedly Spicy
Answer From the Manufacturers
Association.

The me m hers of the Man ufacturers' and
Prod ucers' Association are considerably
nettled over The recent publication of one
or two of the daily papers to the effect
that they have been Influenced" or be-
come cowardly In the prosecution of the
bogus brandy case. Mr.. Kerr, the presi-
dent, stated that the reason that nothing
apparently had been done of late was be-
cause the association was waiting for an
answer 10 a letter sent to the Treasury
Department relative TO the so called
brandy and the case of Inspector Dockery.
Nothing could be done until an adswer
was received, as it would not be courteous
to the Federal officials to have done any
thing in the matter unit. their position
was made known.
An answer was received yesterday, and
its contents did not please NJ. Kerr AS
result he at once sent reply that if
read between the lines is decidedly pep
perry. The two letters are as follows:
TREASURY DEPARTMENT
WASHINGTON, d. c., July z, 1897.
James n. Kerr, President Manufacturers and
Producers association San Francisco, CaL-SIR:
Acknowledging The receI pit OF your communi-
cauon of the 25th ult, with which in
closed copy OF resolution OF the board of
directors of the Manufacturers and Pro-
ducers' Association of California, in relation
to the recent shipment of certain so-called
California grape brandy Withdrawn from q
bonded manufacturing warehouse at San
Francisco for expectation TO London, have to
inform you that the action taken by the de-
partment in requiring the casks TO be branded
with the word 'Rectifed" was decided upon
after careful consideration of the entire sub
ject and upon q conclusion being reached that
such action was all that could be done under
existing law. For your further Information it
is stated that the department has under con-
sideration proposition 10 modify the regula-
tions governing bonded manufacturing ware
houses in such manner as 10 require all arti-
cles manufactured in such premises to be
marked in exact conformity with the formula
filed by the proprietor OF the premises; that is
to say, that the manufactured article shall
bear no other designation than that given in
the formula. Respectfully yours,
w. B. HOWELL, Assistant Secre tary.
July 13, 1897.
To the Secretary Of the Treasury, Washington,
D. C.-DEAR SIR: Referring to the letter from
the Treasury Department under date of July
1. and relating to the shipment OF so-called
California grape brandy" l note the state
ment therein, THAT there is no statute under
which the cancellation OF the expectation per
nit may be auth oriZed."
l regret very much that the case should
have been viewed in this light; there were
certain facts in connection with this shipment
which caused me to expect different conclu-
sion. The fact that only 10 per cent OF Cali
fornia grape brandy was In the mixture,
showing that the name was used with fraudu-
lent intent; the fact that the signature OF the
Naval Officer of this port had been withheld
from the permit because it would have
made him party TO fraud; the
the fact that no formula had been flied as
required by law-these three circumstances, in
themselves showing serious irregulsrlty in
the securing of the permit, would seem to have
justified the cahcellation OF the same. In ad-
dition the mixture was made in viola ton OF
our State law governing such cases, approved
March 26, 1895, and under said law was
seized by our local off1cer.
The shipment was foreibly taken from our
Iocgl officers and our chief inspector placed
under arrest bv the United States Marshal. l
m 1st respectfully submit that | cannot i'm
agine decision which could be more damag
ing 10 the interests OF this State which stands
powerless to protect It's industries or It's repu-
tation against such glaring frauds so long as
they are perpe ira ted in q bonded man ufactur-
ing warehouse under the protection OF Fed
eral authorities.
That you may be aware of the serious light
in which this matter is viewed by the people
OF Cali ornia l inclose articles from two of
our leading papers, which relate to the sui
iect. You are no doubt aware that the Gus toms
authorities of London, Eng, have made public
their intention OF dealing with this Shipment.
/ consider IL a matter OF regret that the oh1cers
of any foreign power should have an oppor-
tunijy TO correct frreg ularitles arising within
our borders, more particularly at time when
strong efforts are being made TO extend our
trade. Your letter OF July has just been
received, in which 1t is slated that the Treas
ury Department has under consideration
proposition 10 modify the r. gulation govern
ing bonded manufacturing warehouses. trust
thatt the changes will be Sucn as viii in the
future prevent such issues between the Federal
and State authorities as at present exist.
Referring again to the case now pending
against Mr.. Dockery, our chief inspector: You
VIII note from the press articles accom- pay Ing
this letter that the public is insisting upon
regular hearing OF this cage that the legality
of the action OF the Federal officers may be de-
termined.
would remind you that the papers relating
to thus case which are considered necessary in
this trial were forwarded 10 Washington on
request OF the Treasury Department and are
reported to have been returned by that de-
partment on June 10. AS il is claimed that
these papers have never reached their destin-
alton in this City and the hearing of the
Dockery case has been delayed in conse-
quence, would su ggest that a thorough in
vestigation be made OF this whole matter. AS
IL now stands the pure-food laws of the State
of California are practically suspended as
against goods made in the manufacturing m
bonded warehouses. Respectfully yours,
JAMES w. KERR,
President Manufacturers and Producersp AS
sociation o { California