Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1917-10-23
Customs Collectors Instructed
to Admit Distilled Liquors,
Then Are Commanded MOI
70.
ATTORNEY GENERAL WILL
DECIDE VEXlNG QUESTION
Spirits Produced After Passage
Of Food Law Barred; Reve-
nue. Measure, Passed Later.
Admits Their Entry.
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Washington. Oct. 22.--1nstructions
to all customs collectors throughout
spirits produced abroad prior to Octo-
ber 3 last, "either for beverage or
other than beverage purposes" were
made public and recalled within the
space of a few hours today by the
treasury department.
The issuance of the instructions
which were sent out by Assistant Sec
retary Rowe last Saturday was based
upon an Interpretation of the food
and revenue laws given by Lawrence
Recker solicitor of the treasury de-
partment, an official of the depart
ment of justice. Mr.. Becker ruled
that the revenue law approved Octo-
her repealed provisions of the pre-
viously enacted food control law
which flatly prohibited the importa-
ton of anv distilled spirits Now the
question has been placed before the
attorney general however for a de-
cision, and in the meantime the food
law. prohibition remains in effect.
Two laws Overlap.
That section of the food law.
passed August 10, after prohibiting
the manufacture OF distilled beverages
in this country, says,
: Nor snail there De imported into
the Unified States any distilled spirits" :"
Section 20l of the revenue law,
passed nearly two months later, pro-
vides: !
That no distilled spirits produced
after the passage of this act shall be
imported into the United States from
nnv foreign country or from the West
Indian islands recently acquired from
Denmark (unless produced from
products the growth of such island,
and not then into any state or terri
terry. or district Of the United States
In which the manufacture or sale of
Intoxicating liquor is prohibitcd), or
from Porto Rico, or the Philippine is
lands"
Mr.. Becker held that tho words
produced after the passage of this
u
permitted the admission to entry OF
spirits distilled prior to the enactment
of the act. Instructions consequently
were addressed to all collectors advis
inE them to permit the importation of
distilled spirits produced abroad prior
TO October 8.
Leave Question to Gregory.
Today these instructions were re
called, high officials of the depart.
ment taking the stand that the ques-
t!on was one Of such magnitude that
Attorney General Gregory should pass
upon it.
The effect of the decision of the So
Iicitor would be to make available for
importation and consumption here the
great store of whiskey. cordials. llq-
uors and other distilled beverages pro.
duced abroad prior to the enactment
of the revenue law.
How. far Mr. Becker's Interpretation
OF the law became operative before
the recall Of instructions is not
known. The instructions were forty
eight hours old when recalled. Ths
collector at New York, for example,
had all day in which to permit the en-
try of distilled spirits into the soun-
try.
Such admission applied not only to
importations arriving today, but also
to shipments reaching the United
States after the enactment of the food
control law and seized by customs Of
ficials to await final disposition by the
department.
If acted upon today, the effect OF
these instructions will have been to
admit to the country large stores of
such importations.