352 GRAPE CULTURE AND 



be his duty to become satisfied that the wine contained 

 in the barrels or bottles, is all that said label imports as de- 

 fined by this Act. 



A therefore must not be guilty of criminal negligence. 

 That would be as bad as if A's intent was to palm off ad- 

 ulterated or impure wine. 



But if A makes a reasonable effort in good faith to satisfy 

 himself that the wine is all that the label imports and is sat- 

 isfied after, using due diligence, he would not be guilty of a 

 misdemeanor, if he was mistaken or imposed upon. It is 

 the good faith of A and the use of due diligence and scrutiny 

 in his investigation, which the law requires. I do not think 

 an analytic test is necessarily required to be applied by A. 

 That might not at all times be practicable. But he must 

 recollect that there is a duty cast upon him to satisfy himself 

 by available and reasonably reliable means that the wine is 

 what the label imports, and he must be satisfied. 



An analysis, however, would be the most satisfactory way 

 to test the wine. 



Very Truly Yours, 



G. A. JOHNSON, Attorney General. 



Other than this the law seems to be sufficiently clear to 

 need no further explanation. Particular attention is called 

 to Section 6, which renders the sale of anything purporting 

 to be wine in the absence of a written agreement to the 

 contrary void and the vender liable for damages if it be 

 not pure as specified in the law. According to the framers 

 of this law, this, whether it bears the pure wine stamp or not, 

 is the effective clause, and coupling with it the liberal recom- 

 pense to the informer and the prosecuting attorney, we have 

 incentive sufficient to greatly facilitate its enforcement. 



WINE ANALYSIS. 



Whenever it becomes necessary or desirable that a wine be 

 analyzed for the benefit of a dealer, vine grower, or any per- 



