Los Angeles herald., 1907-04-28


April 27.-The so-
wv loon trade will probably be
very little affected by the re-
cent whisky" decision, which has
caused so much talk, but the effect on
the family" or lease goods" trade
may he considerable. For instance,
many saloons keep their bar whisky"
in decanters marked with various
brands, often with the name Of the
hotel or bar and sometimes merely
"rye" or "bourbon." The markings
compound" blended" limitation"
etc, are required only on the original
package entering into Interstate COM
merce. It is self-evldent that the pow
ers of the general government can ex-
tend no further. What is placed on
bottle put out on the bar is none OF
the business of the general government
and II can be marked as suits the dis
penser of drinks, provided, of course,
thae the bottle does not pass from one
state to another. Most whisky con-
sumed in barrooms reaches them In
barrels. Those barrels passing from
the state of manufacture to the state
where the contents are to be sold and
consumed, must bear labels as directed
by President Roosevelt.
But when the liquor Is drawn out
from the cask and put in bottle or
decanter behind the bar it can be
labeled anything at all and the gov
ernment cannot touch 1t unless 1t is
used to refill q bottle previously con-
tanning lease goods" Few people will
take the trouble when they want
drink to hunt up the original barrel
and in most cases 1t Is in the cellar.
With bottles sold in cases IL is some-
what different. They will have to be
mo rlYad f,1ofYt1ts 10 antnrifAar fVfh fnfdT.
state commerce. A question arises,
however, how far this power over in
terstate commerce extends. Can a
bother be held responsible il he sells
only within one state?
Where Law Is Weak
For example, suppose dealer in New
York purchases hundred barrels OF
whisky from distiller or rectiher in
marked Compounded" He bottles 1t
and marks it pure rye" AS long as
he sells that whisky so marked within
the confines of the state of New York,
can the government prosecute him un-
der the pure food act? He is not en-
gagged in interstate commerce, but may
be supplying state or even merely
local trade. There is possibility that
the government might reach him
through InC licensing power, UuI
scarcely under the pure food act.
1t is we'll known that hundreds Of
brands are local only, whisky being
purchased in bulk and bottled by the
grocery store keeper or saloon keeper
or wholesale liquor dealer by whom
they are sold over their counters and
nowhere else. What authority the gov
ernment has over the labels on such
goods so sold is a great question.
1t is we'll known that the great brew
cries ship their product in barrels and
have it bottled in the cities where con-
signed. why should this plan not be
followed by the larger distillers and
rectifiers? Another suggestion is that
they leave off the word whisky" al
together.
II a bottle is labeled Baltimore rye,"
or even rye" alone, or, as in several
cases, by a distinctive name known
by advertising, and the word whisky
is not employed, can the government
oblige the manufacturer or dealer, even
If the goods enter into interstate COM
merce, to add the words imitation or
compound whisky to his label? The
question involved will give the courts
further opportunity to pass upon the
authority of the government over in
terstate commerce.
Spooners Defense of Senate
Much consideration is being given
to the defense of the senate recently
made by Senator Spooner on the eve
of his retirement.
1t is too much to expect that public
sentiment, long stirred to believe that
the senate is a erich mans club or a
nest of corrupt politicians and grafters,
will respond Immediately even to such
a skillful and intelligent pleader as
the Wisconsin senator.
But evidences multiply that sober
second thought of the people tends to
the belief that the senate was wisely
planned and that in acting as drag
on legislation in some instances, 1t Is
fulfilling the mission and per-
forming the functions originally
planned for it.
1t was designed to stand between