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Show thiftive names, and not an Imitation of or offered for sale under the distinctive dis-tinctive narno of another article," tho use of such, name shall not bo a misbranding. mis-branding. "Whiskey mixed with alcohol, cannot can-not bo an imitation of other wnisKy while It still retains the requisite amount of by-products of tbe distillation distil-lation from grain, because )t is identical iden-tical with unmixed whisky, under the dlscription which I have given it: and mixed whisky, which remains Identical Identi-cal in constitution and character with another anlcle. properly called whisky, cannot, in Itg own use of the name whisky, bo paid to be using the distinctive name of the other identical identi-cal article." Solicitor General Bowers holds that the name whisky has no different rcope whether it be used as a drug or as a beverage. He also holds that tho contention that whisky may be made from molasses is Incorrect. While the opinion or Mr. Bowers If not final, and may be overturned b subsequent r.roeeedings, it is distinct ly a victory for the contention of th blended whisky dlstlllerB, and Is c reverpal of the position heretofore taken by the department of agrlcul ture. The opinion Is very volumln ous, consisting of thousands of pagei of testimony and a resume of the te: timony and tho opinion of Sollcltoi General Bowers. President Taft authorized the opin ion of Mr. Bowers to be made public, but announced no opinion himself because be-cause it was his desire to hear further testimony taken from what arc known as "straight whisky" distillers. WHAT "WHISKEY" MEANS IN LAW - -A Washington, June 7. Lloyd W. Bowers, solicitor general of the United Unit-ed States, today submitted to President Presi-dent Taft his opinion as to what the term "whisky" moans In Jaw. In effect Solicitor General Bowers holds, after discussing at groat length what tho term "whisky" meant at the time of the passage of the pure food law, that the public does not consider I that added coloring or flavoring matter mat-ter can make whisky out of what otherwise oth-erwise is not whisky. Whisky Is regarded re-garded generally and naturally as hav-' hav-' ing a flavor and properties of Its own. "There Is no more reason for saying say-ing alcohol becomes whisky because, colored and flavored like some true whisky, than for saying that alcohol bocomes brandy because colored or flavored like some brandy," he said. "On the other hand, the mere addition addi-tion of harmless coloring or flavoring matter, to what is previously whisky, ddes not destroy Its whisky character, unless such addition unduly dilutes or otherwise affects the essential properties prop-erties of the whisky. "Whisky, having been In all its history his-tory extensively and variously colored nd flavored by addition of extraneous extrane-ous matter, puch coloring and flavoring, flavor-ing, cannot be considered Illegitimate or incompatible with the name whisky. The United States pure food also provides pro-vides la terms that the addition 'ot harmless coloring or flavoring Ingredients Ingredi-ents used for the purpose or coloring and flavoring only' Is consistent with the term "blend," and, therefore, may be done. Onn of the most important matters, In a practical view, is whether a mixture' of an admitted whisky with neutral spirits or alcohol alco-hol may be called whisky," says Mr. Rowers." Such mixtures nave been made most extensively for a long I period, and have become a most popu-j popu-j lar form of the beverage, both in the I United States and In England. "It is even true, as 1 understand ! the testimony, that a larger quantity , of these mixtures than or straight ; whisky was consumed during the last i twenty years or more." This mixture of whisky with alcohol j or neutral spirits Is entitled to tho . namo whisky, Mr. Bowers holds, provided pro-vided the mixture retains a substantial substan-tial amount of by-products in propor-' propor-' tion to the volume or the mixture, giv I ing distinct flavor and properties. He says the addition of alcohol to whisky i is not the introduction of a foreign substance, . but Is merely an enlargement enlarge-ment of the proportion of one proper constituent. It is merely a form ot , dilution, just as the addition of water ; Is. Continuing, Mr. Bowers said: ' "So long an the mixed article varies only In reppect of being stronger or weaker, without losing distinctive tlav-orn tlav-orn and properties In substantial degree, de-gree, and consequently the article has . not been altered In its essential nature, na-ture, it cannot bo said that the public has been giving the name whisky to an article In Ignorance of its charac-: charac-: tor or under delusion concerning tho thing to which the name whisky lias been applied. Even a compound article made by the combining or two things, i wholly foreign to each other, may. through appllratlon lo It by the pun-He pun-He of a single distinctive name., acquire ac-quire tho full right to that name, in such c&fo, tho established destluctlvc name properly describes the com-I com-I pound article; and the pure food act recognizes this, it being provided in that act that, "in the case of mixtures or compounds which may bo now or from time to time bereatter known as niticles of food, under their own dls- |