The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1908-02-18

!, 1.-The only point of similitude there
fore is material, and this is divided int
the original material from which al
article is made, and the finished mate
rial into which it is made, and a radica
difference in original material has beel
held to overcome similitude in finished
material. In a recent case the Circui
Court of Appeals held that artifeia
silk yarn made from cotton waste by
dissolving celluloid with cup ammonia
and resembling equally silk yarn anC
cotton yarn in quality, texture and use
must necessarily be classed as cottor
yarn, because its original material was
cotton.
"Sake resembles beer in the original
material from which made because il
is made from cereal-rice, and there
fore does not resemble wine which is
made from a saccharine fruit juice
| This resemblance is irreconcilable and
eternal and accompanies the wine and
the sake through all changes of condi-
tion.
In process of manufacture wine is
dissimilar from sake and beer, because
wine is made by one fermentation of
the grape juice with natural yeast ex-
listing in the skins of the grapes, while
both beer and sake are made by first
converting the starch of grain into
sugars-called maltese and dextrine-
| by diastatic ferment and then with an
artificial yeast fermenting the maltese
into alcohol.
''In qualities the chemical compost
tiOn of the beverages is totally differ
ent. Sake and beer contain maltese and
dextrine and no tartaric or malic acid,
while wine contains malic and tartaric
acid and no maltese or dextrine.
- In color sake resembles pale sherry,
Rhine wine, Budweiser beer, cider or
any light amber-colored liquid.
''In odor sake resembles no wine and
resembles only distillers beer.
''In stability sake does not resemble
wine which improves with age, while
sake spoils in a few months.
''In non n-effervescence sake resembles
both still wines and still ales.
''In manner of use sake resembles
neither wine nor beer for it is usually
heated before it is drunk.
1.-The great fight was made on taste.
We introduced in New York. in San
Francisco and in Honolulu, six wine ex-
perts and professional wine tasters, nine
sake dealers, and seven sake users who
testified that there is no substantial re-
semblance in taste between sake and
wine. The government introduced six
wine manufacturers in San Francisco,
who testified that sake resembled in
taste sherry material and that sherry
material is a non-drinkable article used
mainly by manufacturers of medicinal
preparations. That it is made by adding
raw alcohol to white wine, and that
sherry material is subsequently, by a
process of slow heating, made into Cali
fOrnia sherry.
''The government could find no i'm
ported sherry that was like sake in
taste, so it sent Treasury agent to
Malaga, and he brought back with him
a case of low grade Amontillado sherry
ealle1 'Jiminez and Lamothe.'' 1t was
a wine so utterly wretched that none
of it was ever imported into this coun-
try except the case brought here by
the Treasury agent. Seven New York
importers testified that in taste sake
somewhat resembled this low grade
these witnesses testified that when he
first tasted sake he thought it was a
rotten sherry Another said that he !
thought it was a sherry that had gone !
wrong by the shipment of sea water
and third said that any dealer who |
would buy it for sherry ought to go |
out of the business.
"With six points of non resemblance
in quality to wine, sake has one point
of similitude, and only one alcoholic
strength, and this has been held by
all four of the tribunals that have
passed upon it to be not sufficient to
constitute the substantial similitude |
required by the courts, especially when
the rule has been laid down by the
United States Supreme Court that in
cases of doubtful classification the inn
porter must be given the benefit of the
doubt
~ think that there is no question
that the decision of the U. s. Circuit
Court Of Apueals will be in our favor.
Will the government 60 to the United
States Supreme Courti | am not sure
that they can 20 there. A writ of
error is not like an appeal, II does not
issue as matter of right The apph-
cation for il is made OK parte. Even
then IL is as often denied ms IL Is grant
ed, and when granted IL does not at all
follow that the Judgment of the lower
court will be reversed. The only excuse
that could be offered for an application
for writ of error by the government
would be that the Treasury Department
desired the authority of the court Of
last resort before refunding n million
and hall of money.
"lf no writ of error is asked for or
is refused, and an order of aequicscenee
is issued, the refunds will begin 10 come
into Honolulu in June or July. II the
ease goes to the T. 5. Supreme Court II
will take six or eight months more.
There will be IA million and quarter of
dollars refunded here.
"What Will my share amount tot
Oh, | never count chickens until the
period of incubation has expired, and
there are many people with whom
division must be made. We have spared
neither cost nor effort in making this
fight. We have had the best customs
lawyers in the country to help us.
Albert Comstock and Percy w. Crane
in New York, Charles J. Sherrol at
Stanley Jackson and Hen
~ C. Dibble in San Francisco. We
have also had the aid of the leading
chemists, fermentologists and wine ex-
~. l.. l.