Lapas attēli
PDF
ePub

Page

Item of $11,400,000 designated in National Distillers balance sheet as

for "Brands, Trade-Marks, Patents, and Goodwill".

2468

Prices of 2-year-old and 4-year-old whiskies.

2475

Directors of National Distillers Products Corporation and the companies

with which they are connected ------

2493

Corporate structure of Distillers Corporation Seagrams, Ltd.-

2504

Banking connections of Seagrams---

2507

Advantage of holding company set-up to producer..

2510

Distilling operations and brands owned by Seagrams.

2511 ,

Overproduction of whisky not reflected in price to consumer.

2518

Spread between production cost and price to consumer_

2522

Corporate organization of Schenley Distillers Corporation..

2527

Banking arrangements of the Schenley Corporation.-

2528

Schenley's acquisition of whisky stocks..

2529

Importance of aging whisky-----

2532

Corporate organization of Hiram Walker-Gooderham & Worts, Ltd. 2536

Hiram Walker's financing operations--

2539

Increased assets of four largest distributors.

2541

Cost to small distiller of producing "quality" whisky

2542

Bankers loan agreements with Schenley and Seagrams

2547

“Missionary” type of marketing employed by Calvert---

2549

Minimum prices suggested by Calvert in "open" states_

2552

Distribution of liquor in "monopoly” states---

2553

Effect of fair-trade laws on whisky prices_

2556

Whisky prices dependent on quality-

2560

Price maintenance to support retailers.

2563

Corporate organization of American Distilling Company

2569

Extension of credit to wholesalers -

2570, 2592

Aims and purposes of the National Conference of State Liquor Adminis-

trators_----

2573

Price concessions to distributors in “open” states sought by “monopoly”

vo

states---

2574

Method of purchase by Virginia Alcohol Beverage Control Board . 2577

Production and control of whisky in British Isles

2584

Allocation of brands to importers in United States through exclusive

agency contracts---

2587

Comparison of consumer costs of Scotch whisky in London and New

York ---

2590

Operations of D. C. L. and its subsidiaries in marketing Scotch whisky-- 2597

Typical sole agency contract-

2602

Retail whisky prices fixed..

2605

Sole agency contract for Johnnie Walker and Haig & Haig whiskies. 2613

Question of enforcing price maintenance by large retailer

2615

Method of determining retail liquor prices --

2620

Canada Dry's retail liquor price maintenance policy.

2623

Advertising expenditures of four largest distributors_

2627

Inception and operations of Distilled Spirits Institute

2629

Activities of the Institute.

2632

Office and personnel of the Institute

2637

Interest in liquor tax legislation.

2642

Receipts and disbursements of Distilled Spirts Institute.

2651

Membership and their contributions to the Institute-

2655

Duties of director and other officers.

2657

Bootlegging problem involved in increased taxation.

2666

Salaries of the director and public relations counsel.

2668

Schedule of exhibits---

V

Tuesday, March 14, 1939 (Afternoon session)

2419

Wednesday, March 15, 1939_-

2445

Thursday, March 16, 1939_

2503

Friday, March 17, 1939_

2583

Appendix_

2675

Supplemental data

2720

Index

I

SCHEDULE OF EXHIBITS

Number and summary of exhibits

Intro- Appears
duced on
at page page

394. Chart: Systems of state liquor control --

2425 2675

395. Chart: Production of whiskey in the United States.

2428 2676

396. Chart: Stocks of whiskey in bonded warehouses, 1933–1938-2428 2676

397. Chart: Whiskey withdrawn tax paid, 1933–1938-

2429 2677

398. Chart: Whiskey distilleries in operation, annual capacity and

production, 1933–1938.---

2432 2677

399. Chart: Whiskey distillers operated and whiskey produced-

four companies compared with entire industry, 1934-1938- 2435 2678

400. Chart: Production of whiskey in the United States by four

companies compared with total production, 1934–1938.--- 2436 2679

401. Chart: Stocks of whiskey in bonded warehouses held by four

companies compared to total stocks, 1933–1938.---

2437 2680

402. Chart: Total stocks of whiskey four years old and over re-

maining in bonded warehouses as compared with such

stocks held by four companies, 1934-1938.

2439 2681

403. Text of United States Bottling in Bond Act---

2442 2681

404. Chart: Total Whiskey imported into United States, 1934-

1938.--

2446 2684

405. Report on Whiskey Trust Investigation (52d Cong., 2d Sess.),
House Report No. 2601, March 1, 1893---

2450

(1)
406. Summary of the report on The Whiskey Combinations, of

the Digest of Evidence in the Preliminary Report on Trusts
and Industrial Combinations made by the Industrial Com-
mission.--

2450 (1)

407. Consumer cost of four-year old and two-year old whiskies,

distilled by the same company-

2477 2685

408. Chart: National Distillers Products Corporation directors

and companies with which they are connected.

2496 2686

409. Copy of telegram from Sam Bronfman, president, Distillers

Corporation-Seagrams, Ltd., to Philip E. Buck, general
counsel, Federal Alcohol Administration, expressing his

inability to appear before the Committee:-

2503 2687

410. Chart: Corporate organization of Distillers Corporation-

Seagrams Limited.--

2506 Facing

2687

411. Bank Credit Agreement Between Distillers Corporation-

Seagrams, Limited, et al., and Bankers Trust Company;

Manufacturers Trust Company; First National Bank of

Boston; Continental Illinois National Bank and Trust

Company of Chicago; Bank of the Manhattan Company;

Pennsylvania Company for Insurance on Lives and Grant-

ing Annuities; Security-First National Bank of Los

Angeles; The First National Bank of Chicago; First Na-

tional Bank, Atlanta; National Bank of Detroit; First

National Bank in St. Louis; Northwestern National Bank

and Trust Company, Minneapolis; The National City

Bank of Cleveland; Harris Trust & Savings Bank, Chicago;

First National Bank, Philadelphia; Citizens Union Na-

tional Bank, Louisville, Kentucky; First National Bank of

Jersey City; First National Bank of Baltimore; The Boat-

men's National Bank; Empire Trust Company; Union

Trust Company of Maryland.-

2509 2687

412. Chart: Distillers Corporation-Seagrams Limited, directors

and companies with which they are connected

2514 Facing

[blocks in formation]

SCHEDULE OF EXHIBITS-Continued

Number and summary of exhibits

Intro: Appears
duced
at page

page

on

2703

2703

2705

2709

2711

2714

2716

2717

(1)

2602

422. Import agreement between White Horse Distillers, Ltd., and

Browne-Vintners Co., Inc.-

2603

423. Import agreement between Wm. Sanderson & Son, Ltd., and

Park & Tilford Import Corporation re “Special Reserve”. 2612

424. Import agreement between Wm. Sanderson & Son, Ltd., and

Park & Tilford Import Corporation re “Vat 69" and "Rare

Old Liquer”

2612

425. Copy of Canada Dry Ginger Ale, Inc., import agreement. 2615

426. Price schedule for New York Metropolitan area of Canada

Dry Ginger Ale, Inc., products, effective November 1, 1938- 2620

427. Table, prepared by Federal Alcohol Administration, showing

advertising expenditures of four major distilling companies

for years 1934-1938.-

2628

428. Scrapbook, prepared by Federal Alcohol Administration, of

advertisements of liquors appearing currently in news-
papers and magazines

2628
429. Financial statement of Distilled Spirits Institute, Inc., 1934-
1938..

2654

430. Code regulating the sale and distribution of alcoholic bev-

erages in Ohio.

2659

432. Letter, dated March 21, 1939, from Archibald Kelly, presi-

dent, Distillers Co., Ltd., of Delaware, to Philip Buck,

general counsel, Federal Alcohol Administration, contain-

ing a list of the principal brands owned or controlled by the

Distillers Company Limited (Edinburgh), now being im-

ported by American distributors. Entered in the record

May 1, 1939

433. Retail price lists published by Commonwealth of Virginia

Alcoholic Beverage Board effective July 16, 1937, Feb-

ruary 1, 1938, and October 1, 1938. Entered in the record

May 1, 1939-

516. Letter, dated April 6, 1939, from Seton Porter, president,

National Distillers Products Corp., to Phillip Buck, general

counsel, Federal Alcohol Administration, enclosing a list of

that company's subfidiaries as at December 31, 1924, De-

cember 31, 1933, and December 31, 1938; and the principal

brands owned by the company as at 1924, 1933, and 1938.

Entered in the record May 10, 1939.-

678. Table showing the sales of domestic whisky by brands na-

tionally by Calvert Distillers Corp. for fiscal years ending

July 31, 1937, and July 31, 1938. Entered in the record

June 7, 1939---

1172. List of active and associate members of Distilled Spirits In-

stitute, Inc. Entered in the record September 27, 1939.-

Unnumbered. Letter, dated November 1, 1939, from National

Distillers Products Corporation to the Committee, containing

additional information regarding the item of Notes and Accounts

Receivable of the Corporation and its wholly owned subsidiaries.

2718

2719

2720

2721

2745

2748

2748

2750

1 On file with the Committee.

INVESTIGATION OF CONCENTRATION OF ECONOMIC POWER

AFTERNOON SESSION—TUESDAY, MARCH 14, 1939

UNITED STATES SENATE,
TEMPORARY NATIONAL ECONOMIC COMMITTEE,

Wshaington, D. C.
The committee met_at 2:45 p. m., upon expiration of the noon
recess, in the Caucus Room, Senate Office Building, Senator Joseph
C. O'Mahoney presiding:

Present: Senators O'Mahoney (chairman) and King; Representatives Reece and Williams; Messrs. Ferguson; Davis; O'Connell; Lubin; Henderson; Berge; Thomas C. Blaisdell, Jr., representing Securities and Exchange Commision; Ernest Tupper, representing Department of Commerce; Milton Katz, representing Department of Justice.

Present also: Willis J. Ballinger, Director of Studies and Economic Adviser to the Federal Trade Commission; Phillip Buck, General Counsel; and John P. Brown, attorney, Federal Alcohol Administration.

The CHAIRMAN. The committee will please come to order. My apologies must again be presented to the members who have been delayed here and to others in attendance, but my presence on the floor of the Senate was necessary during the consideration of the Treasury and Post Office appropriation bill by reason of several amendments which I had to sponsor.

Mr. Ballinger, are you ready to proceed?

[ocr errors]

PRESENTATION OF CONDITIONS IN THE LIQUOR INDUSTRY Mr. BALLINGER. Yes, sir, Senator. We are presenting a study of monopoly and monopolistic conditions in the liquor industry in the United States. This study was prepared under the direction of the Federal Trade Commission with the assistance of Mr. Phillip Buck, Chief Counsel of the Federal Alcohol Administration. Mr. Buck will begin the proceedings with an opening statement and will then put on witnesses and cross-examine them in behalf of the Federal Trade Commission.

The CHAIRMAN. Perhaps it may be appropriate for me to add to what Mr. Ballinger has said that the word “monopoly” is frequently misunderstood. It may be used with a connotation of condemnation and it may be used without any such suggestion at all. I think it ought to be made clear that from the very beginning, when this committee was established, it has been the purpose and program of the committee not to imply any condemnation. We recognize the fact that many monopolies exist by reason, sometimes, of geographical conditions, by reason of public grant, and for other reasons too

numerous to mention. There are other monopolies which are built up through the use of practices which the common judgment of our people has condemned from the earliest times. But those who are summoned here to testify before this committee may come to the committee without any feeling whatsoever that they are being brought here for purposes of persecution, for that is certainly not the case.

This committee is interested primarily in developing facts. Now in developing those facts it may, of course, be that circumstances will be revealed from time to time which some persons will feel are worthy of condemnation; but if I were to make a comparison I should say that no business, no industry, in this country, needs fear the activities of this committee any more than a patient need fear going to a hospital.

Perhaps we are not as good doctors as they are in the hospitals, but we are trying to do the best we can.

Mr. Buck, the committee will be very glad to hear from you.

STATEMENT OF PHILLIP E. BUCK, GENERAL COUNSEL, FEDERAL

ALCOHOL ADMINISTRATION, WASHINGTON, D. C. Mr. Buck. Mr. Chairman, gentlemen of the committee: It is not my purpose here to prove a case. I have tried to assemble economic data as they relate to this industry that might be of interest to this committee under the resolution of Congress.

This particular industry is unusually technical in its make-up, different from most industries. The product itself is what might be determined a technical product in that it is divided into many classifications, all of which are set up under Government regulations, and I believe for the benefit of the committee it may be well in the beginning of this hearing to define the classifications of whisky. I wish to say here for the record that this study does not deal with alcoholic beverages in general; it deals only with the whisky industry, as distinguished from the entire industry.

[ocr errors]

DEFINITION AND DESCRIPTION OF TYPES OF WHISKY

Mr. BUCK. “Whisky,” as defined by the regulations of the Federal Alcohol Administration, is:

An alcoholic distillate from a fermented mash of grain distilled at less than 190° proof, in such manner that the distillate possesses the taste, aroma, and characteristics generally attributed to whisky, and withdrawn from the cistern room of the distillery at not more than 110° and not less than 80° proof, whether or not such proof is further reduced prior to bottling to not less than 80° proof, and also includes mixtures of the foregoing distillates for which no specific standards of identity are prescribed herein. Those types of whisky specified in subsections (a) through (j) below shall be deemed "American-type whiskies.”

I am now reading from regulation 5 and the amendment to those regulations of the Federal Alcohol Administration.

Rye whisky, bourbon whisky, wheat whisky, malt whisky, or rye malt whisky is whisky which has been distilled at not exceeding 160° proof from a fermented mash of not less than 51 percent rye grain, corn grain, wheat grain, malted barley grain, or malted rye grain, respectively, and, if produced on or after March 1, 1933, stored in charred new oak containers, and also includes mixtures of such whiskies where the mixture consists exclusively of whiskies of the same type.

Corn whisky is whisky which has been distilled at not exceeding 160° proof from a fermented mash of not less than 80 percent corn grain, stored in un

« iepriekšējāTurpināt »