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131
The magistrate came to the conclusion—
(1) "That the patent-still spirit alone is not whisky.'
(2) "That the produce of the patent-still unmixed with pot-still
"whisky cannot be Irish or Scotch whisky, although made in Ireland or
"Scotland."
(3) "That the material to be used to produce Irish or Scotch whisky
"is, in Irish whisky, barley-malt as to about 75 per cent., and as
"to the rest of the mash, barley, wheat, oats, and rye, or any of them,
"and in Scotch whisky it is wholly barley-malt."
(4) "That maize, not having been commonly used in the pot-still or
"Irish and Scotch method of making whisky, cannot be material from
"which Irish or Scotch whisky is derived."
(5) That what the defendants "sold as Irish and Scotch whisky
"respectively was patent-still spirit, made largely of maize, to which
"had been added a dash, not ten per cent., of Irish or Scotch whisky."
(6) That the one defendant's sample was "not Irish whisky," and
the other defendant's sample was "not Scotch whisky, and Irish
"whisky and Scotch whisky having been demanded by the purchaser"
from the two defendants respectively, that "each of the defendants did
"sell an article of food which was not of the nature, substance and
"quality demanded."
(7) "That the sales in these cases by the defendants were both to the
"prejudice of the purchaser."
The result of these proceedings was regarded by whisky traders as so
serious that they resolved to unite with the common object of obtaining some
final and authoritative settlement of the questions raised. They accordingly
appointed a deputation to wait upon the President of the Local Government
Board. Upon doing so the deputation strongly urged the appointment of a
Royal Commission. This request was agreed to, and a Royal Commission
was appointed on the 17th February, 1908, to inquire and report—
(1) Whether, in the general interest of the consumer, or in the
interest of the public health or otherwise, it is desirable—
(a) To place restrictions upon the materials or the processes
which may be used in the manufacture or preparation in the United
Kingdom of Scotch whisky, Irish whisky, or any spirit to which
the term whisky may be applied as a trade description;
(b) To require declarations to be made as to the materials,
processes of manufacture or preparation, or age of any such spirit;