A STRANGE OBSESSION

When Lloyd Bowers reached the opinion that a neutral spirit, even one made from grain, was not entitled to the designation of whisky, even if it should be colored and flavored, it is difficult to understand why he decided that this article which was not a whisky could be added to real whisky, and then the mixture could be called whisky, provided the characteristics of the real whisky would not be too greatly diluted. Especially is this true when he had before him, not only the decisions of the Federal Courts, but also the opinion of the father of President Taft to the effect that neutral spirit was an entirely different article from whisky. He also had before him the opinion of the English Courts contained in Bureau of Chemistry Bulletin No. 102, issued Dec. 20, 1906. 1 give here a synopsis of the decision of the English case:

A whisky claimed to be Irish on the one hand and a second sample which claimed to be Scotch on the other, was sold to a customer as the best Irish and the best Scotch whisky. On analysis it was determined that it contained not less than 90% of silent or neutral spirit made of maize. In passing sentence the magistrate said:

"The offence committed by both defendants is the same, and the same practically in degree. * * *

"It is time the fraud upon the public in the matter of the sale of whisky was stopped, and, though doubtless these prosecutions are very costly to those who engage in them, the information obtained and published in the course of the hearing of these two summonses is most valuable, and the result of this trial seems to me to afford ample justification for the prosecutions.

"Great blame attaches, in my opinion, to the 'blenders' who supplied Wells and Davidge with the articles they sold. I do not think much moral blame attaches to the defendants themselves, as I believe they trusted to those who sold the articles to them to supply them with that which they might fairly and honestly retail to the public as Irish and as Scotch whisky, respectively; but at the same time, in my judgment, it was careless of the defendants to sell what they, did as they did, and since they only are before me they must pay the penalty for their infringement of the law. * * * The defendants, Thomas Samuel Wells and James Davidge, will each pay a fine of 20s and 100 pounds costs or be imprisoned in default of distress for two months in the second division.

To continue the quotation from the final hearings:

"Now, I say that that is a business which is perfectly legitimate in this country. I am sorry that our laws are so hard on the man who makes a straight whisky, and so easy on those who make the mixed whisky; because you can not make or sell straight whisky except under a Government stamp, under Government supervision. You can add nothing whatever to it, not even coloring matter, except that when you take it out of bond and sell it you are permitted to reduce it with distilled water under the supervision of Government officials, to proof--that is, half alcohol and half water.

That is the only thing that can be done. Then, if it is in a barrel, it has the double stamp put on it to show that it is whisky right out of the distillery. It can be. sold in bottles; you can pay the tax on it and take it out of bond and put it up in any shape you please, or you can, under the law, if you want to, have it bottled in bond. Those are the three forms in which straight whisky can reach you. It can come in barrels, or it can be put up in any kind of a package you please after you pay your tax on it, it makes no difference what; or it can come bottled in bond, as this is. If any of you have never seen a bottle of whisky bottled in bond, this is one.

MR. RYAN: The fact that it is bottled in bond is no evidence of purity or quality?

DR. WILEY: It is evidence of quality; it shows that nothing has been added to it except what nature put in the distillate.

MR. RYAN: Do you believe that when a blender or a rectifier adds anything to whisky he is doing something deleterious to health?

DR. WILEY: I do not think he intends to. He may do it unwittingly.

MR. RYAN: The blenders and the wholesale liquor dealers and rectifiers in New York, for instance, are very much disturbed about this. I will state that I have received some seventy or eighty telegrams since last evening in connection with this matter. They fear that this law will show to the public, or attempt to show to the public, or the public will assume, that whisky bottled in bond is the proper thing and will injuriously affect their business, when, as a matter of fact, it is no evidence of quality or purity that it is bottled in bond, as you state now yourself.

DR. WILEY: Oh, I do not think you have quite quoted me, Mr. Ryan. I said it was a guaranty of quality.

MR. RYAN: Of quality, yes.

DR. WILEY: But the word "purity" is used in two senses, unfortunately.

With regard to foods, I never use the word "purity" except in one sense. A pure food is what it is represented to be. It has nothing to do with its wholesomeness at all. A pure food may be unwholesome, as has been testified here. You will see in my manuscript there that in showing what things occur in nature in foods I show that hydrocyanic acid, the most violent poison, occurs in a great many food products. They are pure foods, but they contain poisonous matter."