The Birmingham age-herald., 1908-08-25
GOVERNMENT WIES
 IN WHISKY CASE Rapid Fire Product Must Bear
 the Brand FLAVOR Is AN ESSENTIAL Process of Aneine Liquors Must Come Under Pure Food and Drug Law,
 Manufacturer Must Pay Ia the Piper.
 
FLAVOR IS AN ESSENTI IAL

Cincinnati, August 24.-By the decision of Judge Thompson, in the United States court this afternoon, the government wins the contest it has been waging with the local distillers in order to compel them to brand as imitation whisky" the rapid process product which for many years has been on the market under the name of whisky
 The action of the government has been the outcome of the new pure food law, and the determination to make it effect i've, and 1t was in waging the contiics that the government last week had Dr. Wiley, it's chief chemist, and an array of other experts here as witnesses before Judge Thompson.
 The decision is rendered in the suit of the Union Distilling company for an in junction or restraining order to stop in- ternal Revenue Collector Retmann and the revenue employees here from carrying into effect the new rules relative to the branding of distilled spirits. The decision in patr reads:
 ''The question presented is whether neutral spirits reduced to potable proof
 
 whisky or only an imitation of whisky Affidavits have been submitted by the parties in support of their respective claims, and the affidavit of Prof Edward H. Jenkins, an analytical and agricul- tural chemist, answer the question fully and clearly. He testifes that alcohol (used as synonymous with cologne spirit neutral spirit silent spirit, velvet spiri) can be, and as testified by manufactur- ers' Is often made of cereals which have been heated or nodded and are, there fore, inferior and classed at no grade, whereas whisky is and must be made only of clean, sound grain. The mash of alcoholic manufacture is cooked at relatively high temperature to get the largest possible yield of spirits, whereas the mash for whisky manufactured is heated to lower degree so as not to inn pair the potable quality of the product.
 Alcohol needs and receives no aging, but may pass into consumption at once for its common uses as a fuel, solvent. and in chemical manufacture; whereas. whisky needs and receives several years storage in a charred cask at moderate temperature in order that Its constit- uents may blend and thus develop the bouquet and flavor essential to its qual- ity for the sole use for which it Is made viz beverage and medicinal agent
 The affidavits of the compainants do , not show that the people-the consumers were ever advised or knew that com plainants' product branded whisky was in fact alcohol, artihcially colored and favored"
 It was also shown that brandy, rum and gin are initiated in the same way to the prejudice of consumers
 "The fact that the practice has been long continued does not establish a right which the court would protect. It mis- brands the product in violation of the food and drugs act and of section 3449 of the Revised Statutes of the United States, if that section Is applicable to this case. It does not truthfuly desgnate the kind and quality of the contents of the casks or packages as required by section 3449. The product is not genuine whisky in the making of which age modifies ob jectionable elements and develops the flavor which pleases the taste and adds so much to it's value. It should be brani- ed imitation whisky
 'The appeal for a restraining order will be refused" |"