The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1907-11-14
WHAT IS WHISKY?"
GOVERNMENT TO ASK
Attorney General Plans
Prosecutions Under Pure
Food Law.
Many Charges Received at
Department-Legal Bat
ties Expected.

one Of the biggest and most earnestly
contested lawsuits Of the times is about
10 be started by the Government. 1t
win have as its object the construction
Of the pure food law as related 10
whisky.
There have been sent to the Depart
ment of Justice in the last few days
the papers In about forty cases, involV-
ing a large number OF defendants ana
nearly all sections Of the country in
which all the points in dispute under the
food law are raised Just as soon as
possible, proceedings viii be instituted
against the LIQUOR dealers or makers
involved.
Ever since Attorney General Bona
parte rendered his famous opinion con-
tanning his series OF definitions Of
whisky, Of blended. compounded, and
imitation whisky, the attorneys for the
dIsuIers have been trying 10 induce the
Department OF Justice TO stipulate as to
a single case which should raise all the
points,~and let il go to trial.
To this the Attorney General objected
because the whisky men wanted i'm
munity from prosecution during the con-
duct OF the test case. Inasmuch as the
Attorney General Is confident Of the final
vin6ication OF his position, and as the
case Is certain 10 be a long one and %
20 to the court OF last resort. It was
not thought best to make any immunity
agreement. The prompt compliance with
the law is the only course that viii
render anybody secure against prosecu-
ton.
Try Case in Washington.
It Is said that in all probability the
case wnich will finally be the decisive
one viii be started in washington. and
tried to its conclusion right here in the
District of Columbia. It viii go to the
Supreme Court, because both sides have
announced that II necessary they will
carry 1t there.
The first thing to be judiciaIly deter
mined Is what is whisky. There is no
decision on the point in this country,
and but one in England: and the Eng
fish decision was reached by an equally
divided appellate court, sustaining that
of the nisi prIUs tribunal In the com
ing case this English decision is certain
10 be OF great weight. A mixture OF
Scotch and Irish WHISTLES with neutral
spirits had been sold as whisky, and
the lower court held that II was moi
whisky. On appeal the appellate courl
divided equally. Composed OF an ode
to sit and the rest after long considera
ton divided equally. The case Is a re
cent one. and has never been carried u
the house Of lords
Decide Meaning Of Law.
After deciding wat whisky Is. tn
court must decide what the pure foo
law meant-what is to be blend,
compound, and Imitation.
The whisky producers have been great
" disappointed at the firm refusal q
the Department Of Justice TO supulate
case and grant suspension Of regula
lions as to mooted points during its pen
dency. How they will behave is no
yet known. and IL greatly interestlni
the pure food authorities OF the De
paFtInent of Agriculture, IT is know
that that department Is determined [
accent no excuses relating 10 the pen
dency OF this case, but will go aheA
gathering evidence against violators o
fhe law. and will start new cases when
ever il IL believed there is violation
which justifes them