The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-06-08
WHAT IS WHISKY?
OFFICIALLY SETTLED
SOlicitOr-GeneraI Bowers Deliy-
ers EOluminOus and Techni-
cal Opinion.
DISTINCTIVE PROPERTIES
MUST BE RETAINED
Substantial Victory for Adyo-
Gates of Blending, FIayOring
and COlOring.

Bowers. solicitor general OF the United
States, today submitted to President
Taft his opinion as to what the term
whisky means in law.
! In effect, Solicitor-G General Bowers
holds, after discussing at great length
what the term whisky meant at the
time Of the passage of the pure food
law, that the public does not consider
that added coloring or layoring mat
ter can make whisky out of what
otherwise is not whisky. Whisky is
regarded generally and naturally as
having Il flavor and properties OF It's
own.
"Thorc is no more reason for saving
alcohol becomes whisky because colored
and favored like some tpuc whisky
| than for saving that alcohol becomes
| brandy because colored or favored like
some brandy he said.
"Ou the other hand, the mere addi
ton of harmless coloring or iavoring
does not destroy its whisky character
unless such addition undulY dilutcs or
affects the essential properties of the
whisky,
May Color and Flavor
"Wbisky having been in all its his,
tory extensively and yarjously coIored
and Favored by addition of cXtrancous
matter. such colorIng and favorng
cannot be considered ilIegiiimate or in
compatible with the name whlskr, The
United States pure food law also pro.
vides in terms that the addition of
harmless coloring or favoriDg only IS
consistent with the term blend and
! therefore one of the most important
matters IN practical view is whether
mixture of an admitted whisky with
neutral spirits or alcohol may be called
whiskv.H saws Mr.. Bowers. Such
mixtures have been made most extern
sively for long period and have be be
come most popular form Of the bcv,
eragc both in fhe United States and
England. .
these mixtures than of straight whisky
was consumed during the last twenty
| years or more.
This mixture of whisky with alcohol
whisky. " Mr.. Bowers holds, providing
the mixture retains a substantial amount
Of by-Droducts in proportion TO the vol
ume Of the mixture, giving distInct
favor and properties. He says the ad-
dition of alcohol to whisky is not the
! Introduction OF foreign substance, but
! is merely an enlargement OF the pro
portion Of one proper constituent. II
is merely form of dilution, Just as
the addition of water is,
Not Question of Strength.
Continuing, Mr.. Bowers says: SO
lone as the mixed article varies only
in respect of being stronger or weaker,
without losing distinctive f'avors and
properties in substantial degree. and
conseauentlv the article has not been
altered in It's essential nature, it cannot
be said that the public has been giving
the name whisky 10 an article IN 'Cno-
rance of its character or under deluslon
concerning thc thin TO which the name
whisky was applied. Even compound
article made by the combining of two
things, wholly foreign 10 each other.
may, through application to IT by the
public of a single distinctive name, ne
auire the full right 10 that name. In
! such case the established dlstinctlv"
name properly describes The compound
article; aud the pure food act recog
nlzes this. it being provided IN that
act that .'in the ease of mixtures or
compounds which may be now or from
time to time hereafter known as ar
ticlcs of food, under their own dls.
tiuctiye name. and not an imitation OF
or offered for sale under the distinctive
name of another article the use of
such name shall not he a misbranding,
Technical Distinctions.
'"Whiskv mixed with alcohol cannot
he imitation Of other whisky while 1T
still retains the requisite amount of by
products of the distillation from grain.
because il is identical with unmlXed
whisky under the description which |
have given Of il. and mixed whisky
which remains Identical III constitution
and character with another article prop
erly called whisky cannot IN ITS own
use of the name whisky be said TO be
using the distinctive name of the other
| identical article.
Solicitor General Bowers holds that
tho name whisky has no different scope
whether it be used as a drng or as
| beverages. He also holds that the con
fcntion that whisky may he made from
moIasses is incorrect. While the opin-
ion of Mr.. Bowers is not final and may
bc overturned by subsequent proceed
inps. il is a distinct victory for the
contention of blended whisky distilleries
and is reversal of the position here
fofore taken by the department Of ag
rculture.
The opinion is very youminous, con
sist,np of thousands of pages of tcsti
mony and an opinion of Solicitor Gen
oral Bowers. President Taft authorized
the opinion OF Mr.. Bowers 10 he made
public. but announced 70 opinion him
self because it was his desire 10 hear
further testimony taken from what are
known as straight whisky distlllerS.