The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1905-11-03
LIQJ0 De- ERS
ARE FRAUDS

Alt--l
al Wholesale Liquor Dealers Asso
,teiatioR of America, has issued thu
Lowing Circular letter TO the trade
(which relates to lie seizutes of bot
tIOin- bond WHISTLES, on the ground
of shortage IN proof; n circular thai
/ proves Of interest not only to those
engaged in the liquor business, but
also to the general public:
sAprop0s Of the numerous seiz-
pres now being made of bottled-in-
bond spirits on account of short
age in proof and the numerous in-
quiTies received as to what to DO. /
desire to say that the Internal Rev
enue laws require that an Internal
Revenue stamp, at the time it IS aft
fixed to a package containing dis-
tiled spirits, shall correetlY repre-
sent the contents IN all respects !:
though there is nothing in the Inter
nal Revenue laws which requires that
the contests of package shall eon=
time to conform to the. contents as
Indicated by the stamp.
s'The only packages of distilled
spirits which are required to bear IN
Internal Revenue stamp, are the
wooden packages containing FIVE gall
Ions or more, and the so-called bot
tled-in-bond packages which are
glass.
@Spirits stored in wood can
change in proof and volume from
natural causes. such as temperatufe
and moisture. but distilled spir
placed in glass cannot chang
these respects from such causes
EIf upon opening and examif ri
distilled spirits contained IN Woqd
there is found to be such differ
ence in the contents as could be due
to natural causes, or to the addition
ofSwater, 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
oYbes different in proof or volume
from the proof or volume marked
upon the package, such condition.
furnishes a pfina facie case for
seizure and forfeiture, on the theory
that the contents of the bottle, at
the time the stamp was affixed at the
distiltery, could not possibly have
conformed to the contents as mark
,edon the stamp.
I'm the event, therefore, of fhe<
eizure of bottIed-in-bond goods
which have never been opened prior
% such seizure and examination by
the revenue officers, the dealer in
whose possession such goods are
found and seized, should notify the
distiller or bother at once, and call
Upon him to protect or reimburse
rim on account of the seizure"
F. G. Sturm, of Philadelphia, sec
rotary of the Blenders association.
says of the circular issued by Mr..
Hough, in part as follows:
at indicates not only how fraud
ean be perpetrated lRpon thesrstaiIer
'r consumer of such whisllies, but
also how the wholesaler or retailer
handling such WHISTLES may be 1In-
consciously subjected to fines and :
penalties under the Internal Rev
enue laws.
Heretofore it has been the prac-s
tice Of The internal Revenue officers
20 examine such whisl1ies on thu
premises of the retailer, and only af-
ter the bottles have been opened by
the retailer, in which cas- such short
1ge of proof would be invariably
charged to the retailer.
''If. on the other hand, the pack
"ge should be examined by the
Revenue officers before it has been
opened by the dealer, and found To
5a- sloTt in 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.
.eThe danger to the retailer is
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, and
he isrequired to bear burdens which
do not properly belong to him.
.If any distiller Intentionally fails
to make the contents of the bottle
conform to the stamps, with theidea
that if discovered, any retribution
therefore will fall upon the retailer.
it is mean trick to play upon the
retailer; and the retailer in MANY
eases does not know his rights in the
premises.