3. Is the examination to be conducted by taste or tasting (sampling), the old English method, or by chemical analysis?
4. Is adulteration so defined as to include the mixing of liquor with water, or only with substances or liquids in themselves toxicants?
5. Is the effect of this clause thought to be beneficial? Has it, for example, decreased drunkenness?
To the first question Mr. Samuel P. Sharpless, State Assayer of Massachusetts, reports as follows: "An assayer of liquor is appointed under our public statutes, who is charged with performing such duties as are referred to him. No particular examination prior to appointment is laid down. The presumption is that an analytical chemist will receive the appointment, as in the twenty years in which the law has existed only analytical chemists have received the same."
As to Ohio, Mr. Joseph E. Blackburn, Dairy and Food Commissioner, says: "The office of Dairy and Food Commissioner is charged with the enforcement of all laws governing the sale of food, drink, and drugs. He is not required to stand any examination, and his experience and qualifications are not considered except as to his eligibility as a candidate. It is distinctly a political position, and all the parties nominate candidates for the place."
As to Michigan, Mr. Elliot O. Grosvenor, Dairy and Food Commissioner, says, "The Dairy and Food Commissioner of the State is charged with enforcement of the law relating to adulteration of liquors."
As to Illinois, Hon. E. C. Akin, Attorney-General, writes: "It is the duty of the several State's attorneys to prosecute for violations of this section, on complaint of any one, or by indictment. There is no officer charged with the duty of making examinations or tests of liquors."
As to New York, Hon. Henry H. Lyman, Commissioner of Excise, replies: "The district attorneys of the several counties in this State have direct and exclusive control of all criminal prosecutions against violators of the liquor-tax law, but indirectly the matter of enforcing this section devolves upon the State Board of Health. By the provisions of section 42, chapter 661, laws of 1893, the State Board of Health shall take cognizance of the interests of the public health as affected by the sale or use of foods and adulterations thereof, and make all necessary inquiries and investigations relating thereto. It shall appoint such public analysts, chemists, and inspectors as it may deem necessary for that purpose, etc. Upon discovering any violations of the provisions of the act relating to the adulteration of foods or drugs, the State Board of Health shall immediately communicate the facts to the district attorney of the county where the violation occurred, who shall thereupon forthwith commence proceedings for the indictment of the persons charged with such violations."
To the second question, as to what is held to be adulteration, in Massachusetts the only standard fixed by law is that of the United States Pharmacopœia. Chapter 272, Acts of 1896, undertakes to provide certain standards. But so far not a single case has been brought under this act, since it has not been made the duty of any one in particular to enforce it. The assayer and inspector can only examine such liquors as are brought to him by the proper officers. He has no authority to institute proceedings even if he finds the liquor to be badly adulterated. Such action must be taken by the officers making the seizure. But Mr. Sharpless writes that, in his opinion, the law (section 31 of chapter 100 of the public statutes) providing for taking samples of liquors for analysis contains in its last sentence a clause which renders it inoperative: it requires such samples to be paid for if they are found to be of good quality. Mr. Sharpless adds: "Under this section I have received perhaps on an average twenty samples a year for the past fifteen years. These samples have generally been whisky, gin, brandy, and rum. The Legislature has been repeatedly requested to give the assayer authority to take samples in the same manner as they are taken by the milk inspector, but has as uniformly refused to give him that power."
Ohio reports that the legal standard for liquors is the requirements of the United States Pharmacopœia.