The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-12-16
ii Counsel Warwick


HOug Of Pittsbur fer the Nation
al Wholesale Liquor Dealers Assp
citation 81 America has Issued III III
follow ing circular letter to the tEad,al
which relates to the seizure Of bot
bledin-bond whistles, on the ground
Of shortage in proof 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-ln-
bond spirits on account OF Short
age in proof, and the Numerous M
oniries received as to what 10 do I
-F3esire 10 saw that the internal Rev
enue laws REQUIRE that an Internal
Revenue stamp, &C the time it . az
fixed TO a package containing dis
titled spirits, shall correctly repre-
sent the contents in all respects I;
though there is nothing IN the Inter
nal Reyenue laws which requires that
the contents of a package shall con-
tinue to conform to the contents g
indicated by the stamp
HfThe only packages OF dlstll4ed
spirits which are required to bear an
internal Revenue stamp, are the
wooden packages containing five GAL
Ions or more, and the so-called bot
tled-in-bond packages which are
ssspirits stored in wood can
change in proof and volume from
natural causes, such as temperature
and moisture, but distilled spirits
placed in glass cannot change IN
these respects from such causes.
eff upon opening and examining
distilled spirits contained IN wood,
there is found to be such 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 OF forfeiture.
'tIf, however, upon opening and
examining a glass package Of dis
Tiled spirits, the contents are found
10 be different In proof or volume
from the proof or volume marked
1pon the package, such condition
furnishes prima facia case for
Jeizure and forfeiture, on the theory
hat the contents Of the bottle, at
he time the stamp was affixed at the
IisillerY could not possibly have
,onforned to the contents assmark-
a on the stamp.
SIn the event, therefore, Of the
eizure Of bottIed=n-bond goods
which haze never been opened prior
o such seizure and examination by
he revenue officers, the dealer in
whose possession such goods are
ound and seized, should notify the
listiller or bother at once, and call
Lpon him to protect or reimburse
i'm on account of the seizure"
r. @. Sturm, of Philadelphia, sec
etary Of the Blenders association
avs Of the circular Issued by Mr..
Tough, in part as follows:
'It indicates not only how fraud
an be perpetrated npon the retailer
II consumer Of snch Whiskies, but
.lso how the Wholesaler or retailer
landlinR such Whiskies may be un-
subjected 20 fines and
,ena1ties under the Internal Rev
niue lawS.
eHeretofore it has bean the prac-
ice Of the internal Revenue ohicers
o examine such WhisIdas on the
premises Of the retailer, and only AZ
.eP the bottles have been opened by
he retailer, In which case such
jhortsge Of proof would be invarl-
IDLY charged TO the retailer.
of, on the other hand, the pack
lRe should be examined by the
Revenue officers before 1t has been
opened by the dealer, and found TO
oe abort Of proof, such shortage
sould only have occurred on the
premises Of the bother ct the dis
silIery, who ehould be required %
assume the burden.
''The danger 70 the retailer u
hat the examination by the Revenue
officers in the majority Of cases takes
place upon his premises, after the
bottle has been opened by him, and
he il required to bear burdens which
90 not properly belong 70 him.
of any distiller Intentionally taln
10 make the contents OF the bottle
sonform to the Gtamps, With the idea
That IS discovered, Gny retribuion
Ehsroforo win fall uTGa the retailer
y d . mean tE1Gk % play upon The
retailer; and the rStailaR IN many
casos does NOT know hi rights In tho
premise. Telegram, Nov. 8, 1900.