The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-07-23
THE SAKE DECISION
Continued from Page u


| 296 of the Act go Stats. 17) or as ale
| or beer otherwise than in bottle or
| kegs, at twenty cents per gallon under
f. paragraph 297 of the Act go Stats.
! 174) whether it is to be classed as
| a non-enumerated article, under Sec
| ton of the Act go Stats. 205).
| Texture is defined as relating to the
| structure of woven fabric and has not
quality relating to liquid. The simili-
! tude in this case must. therefore be
either in material, quality or use to
bring the article in question within the
statute.
1t appears from the evidence that
sake is manufactured from rice by a
peculiar process of fermentation. and
in this respect resembles beer, in being
| made from a cereal. 1t appears also
that the first stage of this process re-
sembles the manufacture of beer. but
the subsequent manipulation of the
material is wholly different and the
article itself when ready for use. aside
from color, is entirely unlike ale or
beer in quality and taste
The process of fermentation does not
resemble that of wine. The alcoholic
strength of sake" is developed from
the sugar in the starch contained in
the rice. while the alcoholic strength of
wine is developed from the sugar con-
tanned in the juice of the grape. The
process is different and the product is
different material. Sake" resembles
wine in color as it does beer but differs
in every other respect.
Sake is not imported either as
wine or beer and the evidence does not
show that it is used in place of either.
1t is distinctively a japanese beverage.
and there is no evidence that those who
drink wine or beer as a beverage use
sake" a substitute There is some
evidence that sake" has the quality
of poor sherry wine in taste and
color, out 1t does not appear that the
wine referred to in the evidence is i'm
ported in any quantity to this country
or that sake" is used for that wine,
either in this country or elsewhere. The
two beverages are not in competition
with each other. Sake has a distinct
uniform quality of it's own, that is to
say, all sake" is alike in color. taste
and substance, while wines differ in all
their various qualities of color, taste
and substance. Wine is made from
different kinds of grapes and from
grapes grown in different localities We
- - NA-~A @AOi - ALetiCt. Jul uIlty,
sherry, port, reisling and various other
kinds of wine, made In different locali-
ties and from different kinds of fruit.
and having different quality. taste
color and substance, while sake" is
uniform in character and in material
and unlike any known Wine except the
poor quality of sherry referred to in
the evidence and produced in court.
Moreover, still wines. if properly
handled, improve by age, while sake"
ike beer deteriorateS after it has been
MADE a few months. In some of these
elements | have mentioned, sake re-
senbles beer more than it does wine
put in the final comparison in material.
quality and use. a substantial resem-
biance to either wine or beer disap-
pears.
This question was before the Circuit
Court for the Southern District of New
York in Nishimiya VS. United States
131 Federal, $50 After considering the
various qualities of sake as conpar-
ed with wine and beer the court reach
ed the conclusion that II was So rad
lcaiIy different from those articles
that 1t should have been classified for
duty as non-enumerated manufac-
tured article: under Section of the
- l VI OiE II. 1881. L MS case was a D
peaied to the Circuit Court of AppeaJs
for the Second Circuit where the oues-
ton was further considered, and the
decision of the Circuit Court affirmed
United States VS.. Nishimiya 1877 Fed.
1886
1t is now claimed on behalf of the
United States that the evidence in this
case distinguishes it from the New
York case but all the elements of diff
terence found in that case have been
established in this case.
There is more evidence on both sides
IN the present case than there was in
the Nishimiya case, but l do not find
that 1t has any more weight in estab-
hshing a sinlilitude to either wine or
beer The general case presented
seems TO me to be substantially the
same. and the decision OF the Circuit
Court and the Circuit Court of ApneaIs
IN the Nishimiya case is entitled TO
very great respect, if not of binding
force upon this court in the present
case. 1t at least raises doubt which
should be resolved in favor of the i'm
porter.
The decision of the Board of limited
states General Appraisers is affirmed.