James Clark

Honoring a British Officer

James Clark Distilling Company created the Braddock Pure Rye Distillery in Cumberland, MD. The distillery was named after Major General Edward Braddock, who served in the British Army during the French and Indian wars. Braddock camped for a time in Cumberland, known as Fort Cumberland at the time.  Clark’s ads highlighted his flagship brand, Braddock Maryland Rye.  It was advertised as “America’s Finest Whiskey.”  Clark registered this brand name initially in 1886. The distillery itself was known as the Braddock Distillery. However, James Clark also featured other brands, including "Old National Pike Maryland Rye", "Old Cumberland XXXX" and "Queen City Club".

Clark's brands became the predominant whiskeys sold in Shenandoah Valley and in Washington, D.C., which contributed to its prominence among those most influential in promoting consumer preferences. Clark issued several giveaway items for this brand, including paperweights, shot glasses, and match safes.

As the DC market increased, Clark and Keating decided to expand, and built a distillery on the 600 block of Pennsylvania Avenue NW. It was a large building, extending south to Constitution Avenue. This space would eventually house the Department of Justice (DOJ) building, which is ironic, given that the distillery had challenges with the law in 1908, when the local District Attorney seized liquor at this location, making accusations that the aged-whiskey was actually “neutral spirits … found to have been colored and flavored.”

Please Mr. Postman

The company’s major sales, however, were made though the U.S. Post Office. The decision was made to follow the proven distribution model by successful retailers, such as Sears, Roebuck, & Co. This approach seemingly would circumvent the challenge created by more and more states electing to prohibit the sale of alcoholic beverages. The advantages of mail-order to a seller of beverage spirits exploded. By the early 1900s James Clark had developed a thriving mail order business for his whiskey, making use the railroad, road and water, out of Cumberland. His advertisements emphasized distance sales, urging customers to cut out pictures of the items they wanted and send them in with their money.

I’ll See You in Court

Clark’s mail order business was threatened in 1913 when Congress, under pressure from “Dry” interests, passed the Webb-Kenyon Act over the veto of President Taft. The law prohibited interstate transport -- by mail or other means -- of “any spirituous, vinous, malted, fermented or any other intoxicating liquor of any kind” into a state where laws forbid the sales of such products. The Webb–Kenyon Act established the federal government's endorsement of the right of each state to control the receipt, distribution, and consumption of alcoholic beverages within its jurisdiction. Initially the law was unenforced, and the mail order sale of liquor continued. As a result, the State of West Virginia, that had enacted a statewide prohibition law by that time, took steps to prevent the Western Maryland Railroad and the American Express Company from carrying alcoholic products into/through the state.

Clark, whose business was in serious jeopardy, fought back. Clark questioned the constitutionality of the Webb-Kenyon Act and its application to West Virginia, leading him to file suit against the two carriers and the state government. The case was argued before a U.S. District Court judge in 1915 who ruled in favor of Clark. However, the victory was short lived, as the U.S. District Court of Appeals quickly overturned the lower court, and explicitly upheld West Virginia in 1916. Demonstrating the tenacity and ability to persevere that he had shown throughout his life, Clark took his case all the way to the U.S. Supreme Court. On January 8, 1917, by a vote of 7 to 2 the Supreme Court ruled against Clark and upheld the constitutionality of the Webb-Kenyon Act.

Historical Significance

The case of The James Clark Distilling Co. vs. Western Maryland Railroad Corporation, etc. became part of legal history and even today frequently is cited in interstate commerce disputes. Even after Prohibition was repealed, President Franklin Roosevelt was unable to eliminate the law in 1935 because Congress overturned his veto. The Webb-Kenyon Act is still valid and is enforced by the Alcohol and Tobacco Tax Trade Bureau (TTB).

National prohibition, and the Webb-Kenyon Act of 1913 brought the end of the James Clark Distillery in 1920. James Clark was one of the wealthiest men in Maryland when he died in 1932 because Clark took full advantage of the concept of Mail Order Marketing. Unfortunately, there is no trace of the James Clark Distilling Co. today. However, the Clark-Keating Building that once held the retail liquor store remains in downtown Cumberland. It was constructed in 1899 and is on the National Historic Register.

Contributed by: Don Wilson, Tidewater, Virginia