The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1905-12-15

Hough Of Pittsburg, for HE Nation
Al Wholesale Liquor Dealers Assoc
eiation af America, has issued the
following circular letter to the trade
which relates to the seizure of bot
bled-in-bond whiskies, on the ground
Of shortage in proof, a circular that
proves Of interest not only to those
engaged in the liquor business, but
also to the general public:
Apropos Of the numerous seiz-
ures now being made Of bottled-in-
bond spirits on account of a short
rye IN proof. and the numerous in
qpiries received rs to what to do, ]
desire ID say hat the Internal Rev
enlie laws require that an Internal
Revenue stanip at the time it is at
fixed ID 4 package containing dis
titled spirits. shall correctly repre-
sent the contents in all respects;
though there Is nothing in The Inter
MI licseSac laws which reaairrs tiiat
the contents cf package sllall NJ
tinue 70 cpnforai 70 the conteo' aS
in1ieatrs ~ the stump
"rhe only paokagcs q dlshlled
spirits wlic are reag rgi obe ~
internal Revenue stfmlp, are the
wooden paakagcs confirming i've cal
Ions or moe, and tie so-callea hit
tled-in-pond packages Which are
glass.
Spirits stored in wood can
change in proof aud volume from
natural caiscs. such as temperature
and moisture. but distilled spirits
placed in glass cannot chance in
these respects from such causes
s1f upon opening and examining
distilled spirits contained in wood
there is found to be such a differ
ence in the contents as could be due
to natural causes, or to the addition
Of water, such condition furnishes
no ground for seizure or forfeiture.
"If, however, upon opening and
examining glass package Of dis
titled spirits. the contents are found
to be different in proof or volume
from the proof or volume merfe1
upon the package, such condition
furnishes prima facia case for
seizure and forfeiture. on the theorv
that the contents of the bottle, at
the time the stamp was etiiye1a ~
disillery, could NOT possibly have
conformed to the contents " mark
ed on the stamp.
sTn the event, therefore. Of the
seizure Of bottled-in-bond goods
which have never been opened prior
10 such seizure md examination w
the revenue officers. the dealer in
whose possession such goods are
founa md seized, should notify the
aistiller or bother at 'once, and call
mon him to project or reimburse
him on account of the seizure
r. c. Sturm, Of Philadelphia, Soc
rotary OF the Blenders association,
shys Of the circular issued by Mr..
Hough, in part IS follows:
at indicates not only low fraud
can be perpctrated upon the retailer
or consumer Of such Whistles, but
also how the wholesaler or retailer
handling such WHISTLES may be un-
consciously subjected TO fines and
penalties under the Internal Rev
enue laws.
"Heretofore IT his been the prac-
tice Of the Internal Revenue officers
TO examine such whistles on the
premises Of the retailer, and only af-
ter the bottles have been opened by
the retailer, in which case such
shortage Of proof would be invari-
ably charged to the retailer.
eff, on the other hand, the pack
age should be examined by the
Revenue officers before it has been
opened by the dealer, and found to
be short Of proof, such shortage
could only have occurred on the
premises of the bother at the dis
tillery, who should be required to
assume the burden.
''The danger to the retailer is
that the examination by the Revenue
officers in the majority Of cases takr=
place upon his premises, after the
bottle has been opened by him, and
heds required to bear burdens which
do not properly belong to him.
s1f any distiller intentionally.fails
to make the contents Of the bottle
conform to the stamps, with the idea
that if discovered. any retribution
therefore will fall upon the retailer.
it is a mean trick to play upon tho
retailer; and the retailer in many
cases does not know his rights in the
premises. = Telegram, Nov. 3, 1905.