The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1909-06-27
The Blended Article, In
Opinion to President
Complies With Pure
Food Law Provisions
As LONG ~ GRAIN DISTIII.A-
TION u BASIS OF CoMPOI Nj
1T REMAINS "MHISkEY" SAYS
SOLICITOR BOWERS.

WASHINGTON. d. C., June 20.
That whiskey is still "whiskey" II
not more than one-half OF It Is
something else. but tina it is not
whiskeya if the basic ingredients
of the combination is not genuine
whiskey. in brief. was The opinion
on the much m0oted-question sub
mitted to President Tafttt today By
Solicitor General Lloyd " Bowers.
The Solicitor General holds that the
name Nhiskey has no different scope
whether il be used as n drug or a
beverage. and also that the conten-
tion that whiskey mag be made from
molasses is incorrect.
While this opinion of Mr.. Bowers
Is not final. and may be overturned
by a subsequent proceeding. IL Is
distinctly a victory for the contention
of the blended whiskey distillers aud
Is a reversal of the position hereto
fore taken by the Department OF
Agriculture The opinion is very
voleminons. consisting OF thousands
OF pages Of testimony and the opinion
of Solicitor General Bowers
President Taft authorized she
opinion 10 he made public. but an
nounced ~ opinion himself because
~ IS -4s<ss&eslre 10 hear what testi-
mony taken from what are known as
straight whiskeys distiilers.
In effect Solicitor General Bowers
holds, after discussing at great length
what the term "whiskey" meant At
the time OF the passage Of the Pure
Food law. that the public does not
consider thai added coloring or
favoring matter can make whiskey
out OF what otherwise is not whiskey.
Whiskey l. regarded generally and
naturally as having flavor and
properties OF its own.
There Is no more reason for say
ing that alcohol becomes whiskey be-
cause colored and favored like some
true whlskey nMh for saying that
alcohol becomes brandy because
eolored or ilayOred like some brandy,
he says
On the other hand. the mere adj
dition of harmless coloring or flavor
Ing matter To what Is previously
whiskey does not destroy It's whiskey
character unless such addition unduly
diluies or otherwise affects the
essential properties of the whiskey.
"Whiskey having been in all its
history extensively and varionsly
colored by addition of eXtraneons
matter, such coloring and ilayoring
cannot be considered illegitimate or
Incompatible with The name whiskey
The United States Pure Food law As
sociation provides In terms that the
addition OF harmless coloring or
favoring ingrediants used for the
purpose of coloring or fayoring only.
is consistent with the term blend
and. therefore. may he done without
creating a compound article.
so long as the mixed article
varies only In respect of being strong
er or weaker. without losing dis
tinctive favors and properties in
substantial degree. and, consequent
ly, the article has not been altered in
its essential nature. IL cannot be said
that the public has been given the
name whiskey to the article in ignor-
anee of its character or under a de-
luslon concerning the thing to which
the word whiskey has been applied
Even compaund article. made by
the comminglng of two things
wholly foreign TO each other, may,
through informed application to 1t
by the public of a single distinctive
name. acquire the full right to that
name.
"In such cases the established dis
tinctive name properly describes the