The Washington herald., 1908-08-05
LIQUOR MEN AROUSED
Plan War on BOnaparte's
Branding Decision.
SIX MORE GET INJUKCTIONS
Indiana Court Holds Up Attorney
Generals Interpretation OfRevenue
They Are Unnecessarily Put 10 E1-
pense-POint TO Contrary Decision.

The spirit distillers Of the country yes
terday began what probably vii be ore
OF the greatest fights in the history OF
contentious growing out OF The co-suuc-
ton OF the revenue laws Of the land
SIX OF them appeared before Judge
Baker. at Goshen. Ind. asking for an
order forbidding the internal revenue
Gaugers in that district 10 mark spirits
IT accordance with attorney General
BO1apartes construction CT section 5-S7
Of the Revised Statutes, which says tha-
spirits shall be marked IN accordance
with the names known 10 the trade. THAT
Is. high wines. alcohol. and spirits
Judge Barker. after the hearing.
grantel a temporary Injunction II each
OF the six cases. The 6ssc1lers declared
in their complaint that II the zaugers
were not restrained irreuediabIe damage
would result, for the reason that there
would be packages marked with a name
not known in the trade
Applications Were Necessary
The applications Of these six were made
absolutely necessary BY The opinion OF Al
t0r1ey General Bonapa-ce. given 70 Sec
retary Cortelyou the day before. that the
temporary inJunctions granted BY Judges
Thompson and Humphries applied only
20 the spirits made in the establishments
OF the party complainant. and BY his re-
f1sal 20 allow the new regulations Of the
Internal Revenue Bureau 10 be suspended
pending a final determination Of the con
troversy- These regulations were based
upon the Attorney Generals opinion. given
20 the Secretary OF the Treasury after the
President had directed the Secretary 70
enforce the internal revenue Law as q
part OF the pure food law The distilers
argued that the injUnrL-~s granted for
bade the gaUgers' using the marks de-
creed by 8Ir. Bonapa-te al any disrIlIerr
Il the district over which the issuing
judge had jurisdiction. and should in all
fairness. be recognized by the Internal
Revenue Bureau in all collection districts.
VIII Keep Up Fight.
The Attorney Generals construction of
the application Of the judicial orders has
aroused the spirit distille-s. and they in
tend. II IS asserted. TO carry the fight just
as far as Nj Bonaparte says they must
The distillers say that in compelling them
to do that he Is subjecting them 10 a use
less expense as well as using money paid
by them IN the form OF internal revenue
taxes for the uphoIding Of a construction
OF the Internal revenue Law which three
district judges and two circuit court
judges lSeverans and Kohlsazt), sitting
as Judges Of the Circuit Court Of Appeals.
have held 70 be a wholly unvarranted
construction OF the section IN question 70
make il 1T into his construction Of the
pure food law.
In construing the last-mentioned statute
the distiIlers claim that Mr.. Bonaparte
departed 50 far from what Congress said
that the government viii be defeated
when the courts pass upon the cases now
pending. They assert also that he made
a construction Of the internal revenue law
70 bolster Up his construction OF the pure
food law. which. they claim. has even
less warrant in law and in fact His
CONSTRUCTION. they say. has been squareIy
antaSouized BY the report Of the royal
commission IN London, q commission com
posed Of nine of the most eaainoz. men
Of England. appointed BY King Edward
70 determine the very questions which
were dealt with BY the Attorney General
IA his several opinions On the pure food
law as relating 20 distilled spirits and
on The branding Of such spirits under
the internal revenue law HIS construc-
ton as 20 the branding they point out.
has now been repudiated By Eve United
States judges.
Refuse 10 Dissolve In5uncsiens.
Thus far the distiIlers have persuaded
District Judges Thompson. Humphr.es.
and Baker TO take their view OF M
Bonaparte's opinion. The government ap-
pealed from the decision CT those judges.
but Circuit Judges Severans and Kohl
saat refused 10 dissolve the temporary
injunction issued by the district courts.
Notwithstanding their refusal. Attorney
General Bonaparte has given II as his
opinion that the sfnJunctions issued by
these district Judges apply only to the
particular distillers who signed the com
pla4nt and had the temporary injunctious
issued He also refuses 70 regard the
opinion OF these i've judges as sufficient
reason for suspending the operation Of
the nsx regulation