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

4
Hough, Of Pttsburg, for the Nation-
81 Wholesale Liquor Dealers Assoc
eietion If 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, 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 heing made of bottled-in-
bond spirits on account Of a short
see in proof, and the numerous in
quiries received rs to what TO do,
desire II say that the internal Rev
enue laws require that an Internal
Revenue stsmp at the time it is az
fixed to 4 package containing dis
titled spirits, snail correctly repre-
sent the contents IN all respects
though there is nothing in tho inter
nsl iieyenuelaws which leuuires tar
the contents Of d package snail ia-
tinue % conform "a the contents Is
indicated by tile stamp
"The only paclsaees If distilled
SHIRTS wliiclS are fgvr b i8si 81
Internal Revenue stnlnp, are the
wooden paoapgci containing five gal-
Ions or more, and Tic so-callel h1s-
tled-in-nond packages which ire
glass.
Spirits stored in wood can
change in proof and volume from
natural causes, such rs Temperature
and moisture. bui distilled spirits
placed in glass cannot chance IN
these respects from such causes.
"If 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.
off, however, upon opening and
examining a glass package Of dis
titled spirits, the contents arc found
to be different in proof or volume
from the proof or volume 'nprFcd
upon the package. such condition
furnishes prima facia case for
seizure and forfeiture on thc .heory
that the contents or the bottle. at
the time the stamp was afiiyei y l'Se
disillery, could not possibly have
conformed to fine contents as mark
ed on the stamp.
'Tn the event, therefore. Of the
seizure Of bottled-in-bond goods
which have never been opened prior
TO such seizure md examination NY
tbe revenue officers. the dealer in
whose possession such Goods are
found qnd seized. should notify the
distiller or bother at once. and call
mon him to project or reimburse
him on account of the seizure"
r. G. Sturm. of Philadelphia. Soc
rotary Of the Blenders association.
says Of the circular issued by Mr..
Hough, in part as follows:
dit indicates not only low fraud
can be perpetratel upon the retailer
or consumer Of surh Whistles, but
also how the wholesaler or retailer
handling sucl, 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 Internql Revenne 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
tillcry, 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 takrs
place upon his premises, after the
bottle has been opened by him, and
heals required to hear burdens which
do'not properly belong to him.
"If any distiller Observation-Disclosures
to make the contents of the bottle
conform to the stamps. with the idea
that if discovered. any retribution
therefore will fall upoa 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.