The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1907-12-06
Pure Food Law.

"A Washington special says one of
the biggest and most earnestly con
tested law suits of the times is about
to be started by the government. 1t
will have as its object the construc-
ton of the pure food law as related
to whisky.
There have been sent to the de-
partment of justice in the last few
days the papers in about forty cases,
involving q large number of defen-
dants in all sections of the country,
in which all the points in dispute
under the food law are raised. Just
as soon as possible proceedings will
be instituted against the liquor deal
ers or makers involved.
Ever since Attorney General Bona
parte rendered his famous opinion
containing the series of definitions
OF whisky, of blended, compounded
and imitation whisky, attorneys for
the distillers have been trying to
induce the department of justice to
stipulate as to a single case which
should raise all the points and let
it go to trial. To this the attorney
general objected because the whisky
men wanted immunity from prosecu
ton during the conduct of the test
case. inasmuch as the attorney gen,
eral is confident of the final .vindi-
cation of his position and as the case
is certain to be a long one and to go
to- the court of the last resort, it was
not thought best to make any i'm
munity agreement. The prompt com
pliance with the law is the only
course that will render anybody Sc
cure against prosecution.
It is stated that in all probability
the case which will finally be the.
decisive one will be started in Wash
ington, and tried to its conclusion
right here in the District of Colum-
bia, It will go to the supreme court
because both sides have announced.
that If necessary they will carry it
there.
The first thing to be j~udicially
determined is what is whisky? There
is no decision on the point in this
country, and but one in England;
and the English decision was reached.
by an equally divided appellate
court, sustaining that of a lower.
tribunal. In the coming case this
English decision is certain to be OF
great weight. "A mixture of Scotch
and Irish WHISTLES with neutral spir-
Its has been sold as whisky, and the
lower court held that it was not
whisky. On appeal the appellate.
court divided equally. Composed of
an odd number of judges, one OF.
them declined to sit and the rest,
after long consideration, divided
equally. The case is a recent n
and has never before been carried
to the house OF lords.
After deciding what whisky is, the
court must decide what the pure food
law meantwhat is to be a blend
ascoHlpound. and imitation.
The whisky producers have been
greatly disappointed at the Arm res;
Ifusal of the departnfAn Of Justice
70 stimulate q case and great suspens
sion of thesregulations as to mooteds
points during It's tendency. But
they will behave Is not vet
known and y greatly Interesting the
authorities ofthe depart
In1ent OF agriculture. II Is known
hathess departfaent ID determrinedi
Sascept no excuses relating Ia tie
tendency Of this case, Int viii 80
haad gathering evidence against
Naolators q the Law, and viii start
new 9 Whenever II Il 81 opinion
Violation which 3astiiss
ssheIn.
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