ADDITIONAL COMMENTS

In view of the positive character of Mr. Roosevelt to stand by his own decisions, at first it was thought that this investigation was not at his suggestion. A letter written by H. Parker Willis, published in Collier's Weekly of April 6, 1912, throws additional light upon this matter. Mr. Willis says in his letter:

Secretary Wilson was now in a position of peculiar strength. He had full charge of the Food and Drugs Act; he understood the precedents that had been established during the past four years; the matter had been referred to the Department of Justice by his own assent; he had nothing to do but apply the law vigorously. But it was well known that neither he nor his Solicitor approved the decision in the whisky case. The politicians were more and more active. Mr. Perkins of New York brought strenuous pressure to bear upon the Department of Agriculture in behalf of Duffy's Pure Malt Whisky, which would have to be labeled 'imitation' under the new rules. He was strongly seconded by Vice President Sherman. President Roosevelt finally designated Secretary Wilson, Dr. P. L. Dunlap, and John G. Capers, the head of the Bureau of Internal Revenue, as a Whisky Commission. Secretary Wilson was thus given full power to shape the decision as he pleased. A report from him would have settled the situation once for all. No such report was forthcoming. Secretary Wilson even denied in conversation that any such commission existed, and finally the three men rendered a report in favor of allowing liquor made from alcohol to be branded as 'rectified whisky,' thus giving the use of the word whisky to the interests that had been demanding it."

There is no longer any doubt that the new committee to inquire into the accuracy of the opinions of Attorney-General Bonaparte was appointed by the President. Dr. Dunlap, in submitting the report of this committee under date of February 19, 1909, says:

"In accordance with the request of the President, I have continued the consideration of the labeling propositions submitted to him by the spirit distillers."

The Secretary of Agriculture in a letter to the Hon. W. W. Armstrong, member of the State Senate of New York, under date of December 17, 1908, says:

"Pursuant to my conversation with you of yesterday in regard to a proposed hearing on the 21st instant concerning 'Duffy's Pure Malt Whisky,' I beg to inform you that this hearing will be postponed pending the report of the gentlemen appointed by the President to take up questions in connection with the labeling of products such as you manufacture."

On December 13, four days prior to the writing of this letter by the Secretary of Agriculture, the Washington Post carried this editorial under the caption "Keep the Ginger in the Pure Food Law!"

"It is good to read a direct denial of the report that the President has reopened the whole subject of what is whisky. The story was that he has selected the Commissioner of Internal Revenue and one of the officers of the Agricultural Department to take up the existing regulations and revise them with the Secretary of Agriculture. * * *

"Above everything, the President has not reopened the main question. * * * At the instance of Dr. Wiley that query has been answered with a loud 'NO.' Any other answer would have jeopardized the whole * * * regulations governing 'compounded' and 'imitation' whisky. To the outsider those regulations would seem to be already sufficiently considerate.

A few days before the Washington Post had carried the story of the appointment of the above commission. It printed another news story as follows:

"The uncertainty caused some of the large distilleries of the country to present the matter to the President to-day. They were introduced to him by Senator Hopkins and Representative Graff, of Illinois. Secretary Wilson and Mr. Capers were present."

Although the President repudiated the report of his own commission and again sustained the opinion of Attorney-General Bonaparte, the activities of the Board of Food and Drug Inspection in protecting the interests of Duffy's Malt Whisky and Canadian Club Whisky were continued right along just as if nothing had happened.

On June 12, 1908, after a large number of shipments of Canadian Club whisky had been seized by the officials of the pure-food law, the following order was issued:

"By direction of the Secretary, no more seizures of imported whiskys are to be made until further orders. There have been twenty-one cases reported and, in the Secretary's opinion, that number is sufficient for the present. Please cause the necessary instructions to be sent to the Inspectors.

Very respectfully,

(Signed) G. P. McCabe

Acting Chairman,

Board of Food and Drug Inspection."

The reason for suspension of seizures is probably the following incident which occured at the hearing accorded Duffy's Malt Whisky representative. I quote from this hearing:

"Senator Armstrong urged that the Bill of Libel against carloads of goods shipped to Boston be dismissed, stating that the Company had stopped shipment. Dr. Wiley suggested that if they would stop interstate shipments of this material, it would be very proper to grant them additional time until after election. Mr. Perkins, Mr. Armstrong and Mr. Duffy raised vigorous objections, stating that the firm had been in business for fifty years, had spent millions of dollars in advertising, had built up a trade, and that it ought not to be interfered with."

Following this hearing came the order of suspension of further seizures.

These official data show that the President appointed this commission, that the commission considered the subjects referred to it, that it made its report through Dr. Dunlap on the 19th of February, 1909, and that the Attorney-General most decidedly and emphatically repudiated the findings of this commission and the President thereupon approved the Attorney-General's report.

An unconfirmed rumor current at the time was the effect that Bonaparte told the President that would immediately resign if his report did not again receive approval.