The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1908-06-03

The Court of Appeals. the highest court
Of the District Of Columbia, yesterday
handed down a sweeping decision in the
! first What is whisky?" test case. which
practically sustains every contention OF
the government In its pending actions be-
gun under the pure-food law. Although
the decision was delivered in a case
which was brought TO the court a few
months ago under the provisions OF the
trademark act, II covers substantially
every point Of the two whisky test cases
instituted by the Department of Justice in
Washington and Baltimore. the former
being against the James Clark Distilling
Company FOR mislabeling as whisky a
mixture Of neutral spirits and whisky,
and the latter against Baltimore house
for labelling neutral spirits made from mo-
lasses in Louisiana. as Bourbon Wits
ky"
The case is known as the Levy-Uri
case. and, while 1t came up through liti-
CATION between private parties. 1t has re-
suited in judicial dictum for the first
time in the United States. on the much
mooted question OF what constitutes gen
uine whisky. on the one hand, and its
limitations and authorizations on the other.
Overwhelming Victory.
The decision, comprehending. as It does,
in It's broad scope. nearly every point
which has been thrown into issue on the
labelling of whisky under the pure food
law, Is an overwhelming victory for the
rulings of President Roosevelt and At
torney General Bonaparte. 1t sustains the
positions in advocacy Of which DR.. Wiley
chief Of the Bureau OF Chemistry. IS.
perhaps, now best known about the coun-
try. and gives legal backing. as it wore.
70 the regulations governing the brand
ing of whisky by Internal Revenue gaug-
ers, which Secretary CorteIyou issued q
few weeks ago.
Tho decision Of Secretary Taft. United
States Circuit Judge in 1898. is. perhaps.
the most conspicuous authority relied
upon by the Court OF Appeals in render
ing Its decision. Secretary Taft declared
that no one had right TO label mix
ture so as TO deceive the public into think
ing that 1t was an unmixed straight
whisky
One OF the pivotal questions decided by
president Roosevelt and Attorney General
Bonaparte, last May, was that whisky
ana neutral spirits were not Ike sub
stances. and in the decision OF the Court
OF Appeals legally declares they are not
Ike substances, which point alone seems
TO conclude the pending test case against
the Clark company in favor of the govern
ments contentious. The court also decid-
ed that bourbon whisky can only be made
In the State Of Kentucky and must be
made from mash, the chief ingredient
OF which is corn.
The rectifiers and adulterators ba,,a AZ
fed the rulings Of Secretary Wilson. the
President, and Attorney General Bona
parte, and the food and drugs board on
the ground that these rulings had never
stood the test Of the courts. and might
De upset when put 10 the test. The rul-
ings OF Secretary Cortelyou in Nav
throwing the entire machinery OF the
Revenue Bureau into cooperation with
the pure-food law. and previous official
rulings made hereunder. is said TO have
threatened to put an end to the rectifers' |
defiance. but this decision seems TO have |
taken the last preteXt away from them |
and the government officials now EXPECT /
10 strictly enforce the law throughout |
the whole country on the question OF /
whisky.
A peculiar feature involved in the his
tory Of this case. from which n soIu-
ton of the whole whisky controversy |
seems 10 have SO quietly and completely 1
evolved, is that the Department of the /
Interior. through the examiner Of trade /
mark interferences and the Commissioner
or Patents. had virtually recognized any
sort OF mixture as eligible to registration \
under the name OF whisky and had given /
an opinion to that effect almost at the |
very time President Roosevelt and At
torney General BOnaparte made the
famous rulings against such mixtures.
Saw Ruling Too Late.
It IS said the Commissioner of Patents
saw the Bonaparte rulings too late 20
comply herewith, and this Levy-IIri case
went to the Court OF Appeals presenting
the anomalous attitude on the part OF the
Department of the Interior as opposing
the official rulings on the question Of
whisky which has been promulgated by
the government itself, through the CO.
operation Of the Department OF Justice
the Department Of Agriculture. tho De-
of the Treasury, and the De-
partment OF Commerce and Labor. II Is
said that the Commissioner of Patents
he examiner Of interferences. or Score
-ary Garfield had in any way intended
% openly oppose the position Of the Pres
dent and the other coordinate depart-
nents Of the government.
The court reverses the Commissioner
II Patents and throws the Department OF
he Interior into accord with the rest of
he government on the question of What
s whisky The courts decision ex-
plains that the trademark act viii not
permit the Department of the Interior 70
pass for registration any trademark ,