The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-11-18
"a Connsel warwick N

4 y
ciation of America, has issued the
following circular letter to the trade
which relates to the seizure Of bot
bled-in-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:
stApropos of the numerous selz-.
ures now being made Of bottled-In-
bond spirits on account of q short
age in proof, and the numerous M
ouiries received as to what to do, /
desire to say that the Internal Rev
enue laws require that an Internal
Revenue stamp, at the time 1t IS az
fixed to a package containing dis
titled spirits, shall correctly repre-
sent the contents in all respects !;
though there is nothing in the Inter
nal Revenue laws which requires that
the contents of package shall con-
tinue to conform to the contents as
indicated by the stamp
taFhe only packages of distilled
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
glass
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 Wooos
there is found to be such differ
ence in the contentsas could be due
to natural causes, or to the addiE lal
of water, such condition furnishes
no ground for seizure or forfeiture;
eff, however, upon opening ana
examining a glass package OF DIS,
titled spirits, the contents are tound
to be different In proof or volume
from the proof or volume marked
upon the package, such condition
furnishes a prina facla case 1oF
seizure and forfeiture, on the theory
that the contents Of the bottle, at
the time the stamp was affixed at the
disillery, could not possibly nave
conformed to the contents as mark
ed on the stamp. -.
tTn the event, therefore, OF the
seizure of bott1ed-in-bond goods
which have never been opened. pr1oE
to such seizure and examination "
the revenue officers, the dealer IN
whose possession such goods are
found and seized, should notify tne
distiller or bother at once, and eau
unon him to protect or reimburse
him on account of the seizure.
+. G. Sturm, of Philadelphia, sec
retarv of the Blenders association
saws of the circular issued by Mr..
Hough, in part as follows;
cit indicates not only how trano
can be perpetrated upon the retailer
or consumer of such whiskles, put
also how the wholesaler or retailer
handling such whistles may be un.
consciously subjected to fines ana
penalties under the internal Rev
enue laws.
tsHeretofore it has been the prac-
tice Of the Internal Revenue officers
to examine such WHISTLES on the
premises of the retailer, and only az
ter the bottles have been opened by
the retailer, in which case such
shortage Of proof would be invarl-
ably charged to the retailer;
off, on the other hand, the pack
age should be examined by the
Revenue officers before it has been
opened by the dealer, and found 70
be short of proof, such shortage
could only have occurred on the
premises Of the bother at the dls-
tillery, who should be required %
assume the burden.
E"The danger to the retailer -
that the examination by the Revenue
officers in the majority Of cases takes
place upon his premises, after the
bottle has been opened by HIM ans.
he is required to bear burdens which
do not properly belongsto- him.
eff any distiller Intentionally falls
to make the contents Of the bottle
conform to the stamps, with the ldea
that if discovered, any retributlon
therefore will fall upon the retailer.
1t is a mean trick to play upon the
retailer; and the retailer in many
cases does not know his rights IN the
premises" Telegram, Nov. 3, 1903.