The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-12-22
IT MAY REPEAL LAW
Presidents New Whisky Or
der Causes Trouble.
PRESCRIBE A COURSE
Executive Instructions TO Depart
ment of Internal Revenue Would.
III Followed, Disregard Existing
Law-Capers Puts Question Up 10
BOnaparte for Opinion.

| President ROOseVelt-s recent order 10
the internal revenue department 70
brand whisky according 70 the famous
opinion handed down by Attorney Gen
eral Bonaparte as to what constitutes
whisky, has put two OF the executive de-
partments In an embarrassing position,
for the reason that. as it stands. the
order Is TO violate one law while conform
ing with an opinion of another.
The recent order OF Mr.. Capers. Com
missioner OF Internal Revenue. was 10 Ie-
spirits. and after he had looked into he
matter carefully. he withheld judgment
and passed it all up TO the Department Of
Justice, wnere the case now rests. How
that department will revise existing laws
with an opinion is a question that is
agitating some minds. and the case is of
interest. because II is but another phase
of the fight between the straight whisky
men on the one side and the rectifiers on
the other.
Whisky According TO BOnaparte-
IN his Interpretation Of the pure food
act, Mr.. Bonaparte said ell spirits pro-
duced by a distillery should be branded
straight whisky" a mixture OF two
straight WHISTLES blend" a mixture
of straight and rectifed whisky. "whis-
ky and pure grain distiIlates.'' and all
other such product should be called
imitation whisky"
Section S2S7 OF, the Revised Statutes pro-
vides that all spirits placed in casks
/ upon distillery premises shall be EauEed
proved. and marked by an internal rev.
euue gauger. who shall brand upon the
package the particular name Of such dis
titled spirits as known TO the trade; that
/ Is 70 sal high wines. alcohol. or spir-
Its, as the case may be"
Executive Repeal of Law.
/ Hence putting up TO the Department Of
Justice The order 20 brand distilIery
\ Products straight whisky under the
present law is said TO be plain violation
or the statute. Other sections OF the
statutes provide for the branding Of bar
rels by the names as known 10 the
trade and the rectiaers' interest declare
that there are no such names as those
made by the Attorney General known 10
the trade, and that technically. as il
STANDS now the Presidents order is an
Executive repeal Of existing law The in
iimation is made that the pure-food law
/ In this case acts as repeal OF the inter
nal revenue law. and the puzzle is one
which, although it has been in the hands
I OF the Department OF Justice for some
I time, has not been solved by any one
connected with either the Treasury OF the
Justice departments.
Cause for Laws Delay.
/ That the next opinion must Of necessity
/ take into consideration the intent Of Con
gress when the puTe-foOd law was passed
\ is the belief OF those who have watched
the case, and it viii be OF interest for the
reason that the much-talked-Of prosecu-
| ton OF the rectifers has not gone for
ward. as they believe il would had the
department been assured Of the sound
ness Of their case.
/ Mr.. Capers yesterday declined 20 ex-
press an opinion, saying only that il was
+ In the hands Of the Department OF JUS
tice, and that an expression from him al
l this time would not be IN order