The Well Known Internal Revenue and Pure Food Lawyer, of St. Louis, Missouri, to Whose Deep Knowledge of the
Subject and to Whose Persistent and Untiring Efforts Is Due the Victory of the Rectifiers and Blenders

: the Whicken Co

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President Taft Decides What Is Whisky

What is the Meaning of the Term "Whisky" Under the Pure Food Act, and the Proper Regulations for Branding Various Kinds of Whisky Under the Internal Revenue Act?

By the Pure Food Act of June 30, 1906, Congress forbade the introduction into interstate and foreign

commerce of adulterated or misbranded drugs or articles of food, with two objects, one to preserve the

health of the people, and the other to prevent their being deceived by label or brand as to the real character of drugs or articles of food offered for sale. Within the definitions of the act potable liquors are articles of food. An important controversy has arisen in the execution and the application of the act as to whether the branding of certain potable liquors with the name "whisky" is a misbranding within the act. All distilled spirits pay, under the internal-revenue laws, a heavy tax. The tax is measured by a certain rate per proof gallon. Theoretically pure ethyl alcohol is 200° proof. A proof gallon of distilled spirits is half water and half alcohol, or a gallon of 100° proof. Potable strength varies from 90 to 102° or 103°. Distilled spirits are manufactured under the close supervision of revenue officers and the brands which are placed upon the packages containing the spirits after manufacture are placed there under regulations of the Internal Revenue Bureau. It is, of course, of the highest importance that the internalrevenue law and the pure-food law should be enforced in such a way as to accomplish the purposes of both. In Internal Revenue Order No. 723 (April, 1907), directions were given as to how certain distilled spirits should be branded. The effect of this order was to deny the right to the use of the brand "whisky" to any distilled liquor except that which is known to the trade as "straight whisky" and to require the branding of several kinds of liquors distilled from grain as "imitation whisky." The pure food act does not mention the term "whisky"; it does not authorize any officers to fix a standard in respect to any article of food or liquor. It therefore leaves the question of what liquor may be properly branded as whisky to those who have to execute the pure food law and the internal revenue law, subject, of course, to a review of the correctness of their action by courts whenever a case between parties litigant, properly within the jurisdiction of such courts shall arise. Attorney-General Bonaparte was asked to pass upon the question of what properly might be included under the brand of whisky within the pure food law, and rendered two decisions in which he in effect limited the proper use