The Twin City star. [volume] (Minneapolis, Minn.) 1910-19??, 1912-07-20

nOOb0Veit Is not the point OF present
comment. The focus Of present inter.
est is President Tafts aversion toward
any questioning Of the sanctity Of Judi
cial decisions.
"But when the food committee Of the
National Consumers league addressed
to President Taft an appeal for the
recall Of DR.. Wiley's resignation and
cited certain facts decidedly pertinent
to President Taft's horrified denuncia-
lions Of 'nostrum makers and sub.
verters Of the constitution. who lay
the AK to the root of the tree Of liberty
who dare question the infallibility Of
any judicial construction Of any law?
"For the Consumers league makes
clear in taking up the Taft decision. In
favor Of the makers Of imitation whis
Ky that In this ruling the president re-
called the decisions Of President Roose-
velt, Attorney General Bonaparte. So
licitor General Bowers and seven fed
eral courts.
Seven Times Sustained.
"Finding themselves unable to sway
the Roosevelt administration in spite
Of the efforts In their behalf Of Secre
tary Wilson. the whisky poisoners
went into the courts. Seven times the
Roosevelt ruling was sustained, as fol
lows:
"Aug. "a. 1908. in federal court at Gin
cinnati
"Aug. q, 1908, In same court, strong sup
Elemental opinion refusing a rehearing.
United States circuit court for south
ern Illinois, later In the same year, COM
pletely sustained the Roosevelt ruling.
FEB. l. 1909, United States Circuit Judge
Cochran, at Richmond. specifically ruled
ed to be labeled as imitation whisky was
exactly that.
"Aug. Ii, 1908, the court Of appeals for
the District Of Columbia broadly sustained
the Roosevelt ruling.
July Z, 19OS the United States district
court for western New York completely
sustained the Roosevelt rulings.
'The supreme court Of the District OF
Columbia, by decree in a case, United
States versus four barrels of liquid pur-
porting to be whisky held that the con-
tents was an imitation Of whisky.
"Oct. 8, 19O8 federal court at Baltimore
broadly sustained the Roosevelt ruling
that imitation whisky was imitation whis-
ky, and must be SO labeled.
Alphonso Taft's Opinion.
"What the Consumers league failed
to cite, however. was that President
Taft in that one ruling not only re-
called seven federal court decisions.
but also another which. while it did
not emanate from a court, was certain
ly judicial. For it was handed down
by great and honored jurist who sat
In the cabinet of President Grant. This
was the eighth decision recalled:
"Alcohol and whisky are, unquestion-
ably, different articles in contemplation of
law, as they are in fact, having different
qualities and different values. Opinion of
Alphonso Taft, attorney general, constru-
ing section 3449 Of internal revenue laws.
see Internal Revenue Record, Aug. q.
1876, volume ~
"Just what process Of reasoning the
president employs to determine posi-
lively that he has the right to recall
seven court decisions with single sig
nature, while the recall Of one by the
sober judgment Of millions Of citizens
In a state would destroy our funda-
mental national liberties, we are>un-
able to understand, except by remem-
bering that striking portrait drawn by
the lamented Dolliver Of the amiable
person in the White House entirely
surrounded by men who know exactly
what they want"