The Brookings register. [volume] (Brookings, Brookings County, S.D.) 1903-1971, 1910-01-13
BOOZE MUST
BE MARKED
PLAINLY IN ALL INTERSTATE
COMMERCE.
HEAVY PENALTY INFLICTED
FOR VIOLATION OF LAW WHICH
WENT INTO EFFECT JAN. 1.

On the HrSC or the year tnere went
into effect what is known as the
Humphrey amendment to the Federal
essary to plainly mark the contents
of all packages entering into inter
state commerce when such packages
contain spirituous, malt or vinous
liquors. The amendment contains
three sections. known as 23S, 239 and
24O, and the penalty for violation of
the first section, which forbids the
delivery of goods by a common car
rier to any but bona fide consignee,
is fine not exceeding $4,000 or i'm
prisonment not to exceed two years,
or both, for officials or agents of the
offending carrier. For violation of
Section 239, which forbids c. o. D.
shipments in interstate commerce
the penalty is fixed at more than
$4,000 and the shipment shall be
seized and condemned.
This amendment was put through
| congress by the dry militant ele-
ment of the country for the purpose
of stopping the shipment of liquor
into dry territory. The amendments
will also put an end to the c. o. d.
| liquor business, which it specifically
makes illegal. This business has
however, practically been done away
with by the express companies them
selves aboishing it.
| From what can be learned both the
distilling and brewing interests will
cheerfully obey the rev law which is
detrimental to their business, but to
the contrary, by effective drying up
of dry territory will have the effect
Of changing sentiment toward liberal
ism and the licensed retail liquor dis
pensary, so they assert
The National Wholesale Liquor
Dealers association has sent out
circular letter to the 1000 members
of that organization, explaining the
law and urging that it be complied
with There are a number of points
in the law that require legal interpre-
tation principally that relative to
marking. The association finds that
the marks and stamps of the govern
ment itself, placed on the packages
by internal revenue agents, are the
best kinds of marks for the purpose.
On this Point the circular says: I'm
my opinion (Attorney Hough of the
association any package of liquor of
any kind bearing government stamp
or stamps showing the quality of con-
tents by government figures or punch
marks and the nature Of confer is by
stenciling, branding or other labelling,
fully complies with Section 240, where,
in addition thereto, the package con-
tains the full name of the consignee
"All packages whether barrels, kegs
casks or boxes, which do not carry
government stamp or stamps on the
outside cover must be plainly marked
thereon the full name of the consgnee
and the nature and quantity of the
contents.
Where a stamped package is put
into an overcask the exact quantity
and nature of contents and full name
of consignee must be plainly marked
| NV CT hro,, Ill
ing on the out side of the overcask"
The new code will be enforced by
| the department of justice of the fed
eral government, the circular says,
and the amendments are neither a
part of the pure food law. All three
sections are operative regardless
whether the shipment be from wet
to wet or wet to dry territory so
long as the shipment partakes of in
terstate commerce.
Some railroads have issued the fol-
lowing instructions:
81. Shipments of intoxicating
| liquors as above described, will be
| delivered only to the cOnSignee in
person or to the person holding the
bona fide written order of the con-
signee. This is to prevent shipments
to fictitious names.
"2. Such shipments must not be
delivered to any person under fic-
titious name.
80 Such shipments must not be re-
ceived when addressed to any ficti-
tious person or any person by a ficti-
tious name.
"a. A carrier must not, by means
of c. o. d. collections or in any other
way, act as the agent of the seller
or shipper or the buyer for the pur-
pose of selling, completing the sale or
receiving payment or making payment
of the purchase price. The carrier
must confine himself strictly to the
matter of TRANSFORMATION. ShiDments