Williams news., 1907-11-09
MAY HAVE TO LABEL WHISKY

Judge w. NJ. Hough, representing the rectiiers and blenders of the United States are still in contro- versv as to the test case which At torney General Bonaparte proposed in connection with the enforcement of the pure food law. There have been hearings and repeated ex- changes of letters in which the respected contentious of the gov ernment and Mir. Hough's clients ha vs been set forth It looks now as though there would be a decision early in the coming week.
 The repeated statements given out at the depa rtment of justice have not tended to clarify the situ- ation, 20 MT. Hough was asked to state the merits of the controversy as we'll as its present status. He said:
 "Whether there will he a tes' :ase to determine the correct late'- ing of whisky under the pure food law now rests with the Attorney General.
 If he insists that the recti6ers shall accept his statement of facts md that they shall also agree that 10 testimony or other evidence 'hall be presented to the courts the oroba bilities are that the test case IS originally contemplated will not he made. because the rectifiers in sist upon the right to introduce testimony and contend that the statement of facts upon which the attorney general insists contains statements which they cannot ad- nit to he true, and which would amount to an admission upon their part, that they have no case.
 "The club which is being held ,ver the rectifers ie that if they do not agree to the attorney generals terms he will authorize the ins,itu- ton of general prosecutions with nut waiting for the courts to pass upon the question of what is vhiskyY
 "It seems inconceiva ble. however that the attorney general of the United States would take such a position. since it would ruin an enormous business, for which no reparation could he made. if the court should finally decide IT. at the attorney general was wrong.
 "There are those who assert that even though the making of test ease upon an agreed statement Of facts should he ahandnred. the at- 'orney general will pick out certain rases from those which may hs transmitted to him from the de partment of agriculture and use them for the purpose of test case to decide the questions at issue. and hold all the other cases ir ,heyance until the first cases havt heen decided. This seems the nor. reasnna ble course. though the de nartment will not commit itself ir advance
 "Contrary 10 the impression which has heretofore prevailed. in. rectifiers and blenders have beer endeavoring to make test cas. since the middle of last June, ard he delay in the matter has beer lue to the unwillingnt of the at tornev general to accept any of th' several statements which were pre- pared and submitted hy their at tornev, because the agreement of the facts related only to admissions as to what the respective distilled spirits were and how they had been produced.
 Ut is now pointed out az aigri flea mt fact that the distilled spirit which the attorney general wishes the rectifiers 10 admit has never been known AS whisky. It is a distilled spirit which the govern ment has branded as whisky ever since it has been produced. when ayar;t xzoo roJ,,oal :, rroos h. .l .