The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-03-01
WAS 1T CORKED RIGHT?
CONSTITUTIONALIT OF THE hot
Ting LAW IN QUESTION
Secretary Berg Asks Attorney Gen.
eraI ChiIds to Sample an Almost
Forgotten lava Point of Inter-
est to Brewers and the North
western BOttlers' Association.

Secretary Of State Berg yesterday
sent a communication to Attorney Gen
eral Childs asking for his opinion as TO
the constitutionality of the law regu-
lating the disposition Of empty bottles
and providing penalty for any one
using bottles with the stamp or trade
mark of another firm on them.
The bill was framed in the interest
of the brewers of the state.
Immediately after its passage in 1895,
the secretary of state, under the pro-
visions of the law, received a list of
trade marks of the various brewing and
mineral water companies in Minneapo-
lis. This list was filed by o. L. Cutlel
of Minneapolis, who had esta blished a
clearing house for empty bottles.
Nothing more was heard of the law
and none of the other brewing COM
panies of the state was heard from in
the matter till yesterday, when Secre-
tary Berg received q letter from an
attorney on the Messaba range, who
wrote in the interest of client of his
who conducted a large brewing bust
ness. The iron range attorney asked
the secretary for the blanks upon
which to make out a list of the trade
marks under which the brewery OF his
client operated.
There had been no demand for the
blanks and the secretary never ordered
any printed, although the law provid-
ed that the secretary of state should
make up blanks for this purpose.
Before the receipt of the letter, the
law had almost been forgotten by the
state officials.
The matter was referred to George
Halberg by the secretary, and after
some investigation it was found that
its constitutionality had been called
into question nearly two years ago.
Before proceeding further in the mat
ter Secretary of State Berg decided
to get the opinion of the attorney gen
eral on the subject.
The decision of the attorney general
will be awaited with interest from the
fact that the Northwestern Bottlers'
association recently held their annual
meeting in ST. Paul and established a
clearing house for old bottles. The
clearing house is now in operation In
this city.
The law provides in cases where an
individual or firm has reason to be-
lieve that another firm is refilling their
empty bottles under their trademark,
they can get out a search warrant and
cause the arrest Of the parties suspect
ed.
Should the attorney general declare
the law constitutional, it might have
some effect on the Northwestern Bot
tiers association in maintaining its
new clearing house.
Should the law be declared constitu-
tional it would enable the bottlers' as
socia ton to compel junk dealers and
individuals who frequently fill other
peoples bottles with an inferior article
and sell it for the genuine to surrender
their bottles.
The report Of the secretary of the
Northwestern Bottlers' association at
the annual meeting held in st. Paul
gave a summary of the amounts lost
by each firm in the organization al
>nually by this practice, to say nothing
of quantities of inferior bottled goods
thrown on the market ur der their trade
marks, which worked great injury to
the manufacturers of the genuine az
ticle. The amount lost, according to
the secretary's report, amounted up
into the thousands annually.
Gen. Childs is expected home today,
when the matter will be brought to
his attention.