Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-09-03
United States District Attorney White
house Settles Disputed Question.
His Opinion Is Clear and Decisive and Has
the Very Best Of Legal Backing.

Portland, Me-, Sept. 2.-(SpeciaD.- A
representative Of the Journal called
upon United States District Attorne V
Robert T. Whitehouse at his Office in
Portland recently and asked his opinion
on the question whether the provisions
of our State Constitution prohibiting
the manufacture of Intoxicating liquors
will deprive the people of Maine of the
right to manufacture denatured alco-
hol for use in the arts and Industries
and for fuel, light and power under the
provisions of the so-called free alcohol
act passed at the last session of Con-
gress. Mr.. Whitehouse said that he
had noticed the discussion of the
question but had made no special OK
animation of the matter as yet. At
the request of the Journal representa-
tive, however. he promised to look into
the matter carefully and if necessary
to give his conclusions in writing. The
Journal today received from him the
following written opinion:
TO the Kennebec Journal:
l have been asked to give you my
opinion as to whether the provisions of
our State Constitution prohibiting The
manufacture of intoxicating liquors
will prevent the people of this State
from manufacturing denatured alcohol
for use in the arts and industries and
for fuel. light and power. l have eX
amined the question with some care
ana my conclusions and reasons there
for are as follows:
The sO-called Free Alcohol act passed
by the last session of Congress. as fin
ally passed by both House and Senate.
contains in its first section the follow
ing provisions which are all that need
be quoted for the purpose of this dis
cuSsion:
BE it enacted by the Senate and
House Of Representatives of the Unit
| ed States Of America in Congress as
semblAd. that from and after January
| |. 1907. domestic alcohol Of such degree
| Of proof as may be prescribed by the
| commissioner Of internal revenue. and
| approved by the secretary of the treas
| ury. may be withdrawn from boni
without the payment of internal rev.
| enuc tax. for use in the arts and indus
| tries. and for fuel, light. and power,
provided said alcohol shall have been
mixed in the presence and under the
| direction of an authorized government
officer. before withdrawal from the
bonded warehouse. with denaturiny
material suitable to the use for which
| the alcohol is Withdraw but which de-
StrOyS its character as a beverage and
| renders ii unfit for liquid medicinal
purposes, such denaturing to be done
upon the application of any registered
distllery in denaturing bonded ware
houses specially designed or set aside
| for denaturing purposes only, and I'M
| der conditions prescribed by the COM
missioner of internal revenue with the
approval of the secretary of the treas
ury."
This new act was merely an amend
| ment of the existing law governing the
manufacture Of distilled alcoholic spir-
| its and in order to understand the eff
| feet of the provisions of this act AMI
| especially the meaning of the words
| may be withdrawn from bond without
| the payment of internal revenue tax"
| it is necessary to know what the SUBJ
| stance of the existing law is on the
subject. Under the present law the
manufacture of alcohol and distillnS
of spirits is hedged around with many
| reStrlCllDIS ana ASOt
| every person can have his private dis
| tillery and make alcohol with the same
| freedom that the farmer today has his
cider mill and makes his cider. Any
person desiring to carry on the BUSH
| ness of a distiller must first give no.
| tice of his intention to do SO in writing.
Or. S. of L. s.. Sec. 3259). then give
| bond (Sec. 326O). register his still (Sec.
325S), and furnish a plan of his distil-
| lery (Sec. 1868. Anyone attempting to
carry on such a business without COM
plying with these requirements is sub
ject to heavy penalties. Then when he
has performed all these preliminaries.
he must provide at his own expense =
| warehouse ito be situated on and to
| constitute part of his distillery prem
| Uses, and to be used only for the stor-
age Of the distilled spirits Of his own
manufacture until the tax thereon shall
| be Maid" such warehouse
when approved by the commissioner of
| internal revenue on the report of the
| collector is declared to be a bonded
| warehouse Of the United States known
| as a distillery warehouse. under the
| direction and control of the collector Of
! the district and in charge OF an inter.