Omaha daily bee. (Omaha [Neb.]) 187?-1922, March 12, 1892, Page 10, Image 10

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HIE OMAHA DAILY WISE : SATURDAY , MARCH 12 , 1892-TWELVE PAGES.
ho considers the whole question of the pow
ers of the national govornmout over tlio sub
ject of commerce , the most oinlnont Jurist ,
whllo not dissenting from the vlow that n
stixto rooy provide by quarantine and other
laws for tlin protcotion of the publm health ,
Is very careful to Indicate that when n state
law , whether quarantine , health , or other ,
may operate as nn obstruction or an Impedi
ment to commerce It must fnll before the supreme
premo power of thanntloniu covornmont over
that whole subject. Uoforrlr.g to thu acts of
1700 and 17119 ho says !
Uutln making these provisions the opinion
Is unequivocally manifested that congress
rony control the stiito laws sofnrnsmny bo
necessary to control Ilium for the regulation
of commerco.
In ether words , that congress may accept
the state laws , as was done In 1719 , and cooperate -
operate with the stnto authorities In their
enforcement , or , by Implication , Hint It may
modify or even replace thoin altogether by
ether laws of Its own enactment and provide
for tholr enforcement through tbo avouclos
of the national eovornmnnt alone. If ( t shall
doom it necessary , considering tbo Interests
of commerce , to do so.
Again , In this same opinion , speaking of
"tho power to regulate , " no says :
This power , llko all others Invested In con
gress. Is complete In Itself , may bo exorcised
to It * ultnoil. extent , and uoxnoxvlodiios no
llrhllatlons oilier than are proscribed by the
constitution ,
By parity of reasoning , If there nro no
"limitations11 upon this power , and If It
"may bo exorcised to the utmost" In con
forming even the pollco and ether regulations
of astute to the requirement- commerce ,
congress may undoubtedly , whore there Is an
entire absence of law in a stuto for the pro
tection of u creat subject of Interstate com *
mnrco , adopt regulations to protect the same
when such protections Is necessary to the
maintenance of the commerce therein passIng -
Ing through such state to and from the sev
eral other states.
In the ease of Walling vs Michigan (110 ( U.
S. . 440) ) It was said by the court that
The pollco power cannot ho sot up to control
the Inhibitions of the constitution or thu
powers of tlio United Slates govornn ont cro-
alod thereby.
In ether words , that the police power can
not bo employed by a stnto to prevent tbe
necessary regulations of commerce , nor to
limit nor abildgo the powers of the national
government over this subject through the In
hibitions In respect of such power. And so I
maintain that , paripassu , If the police power
may not bo Invoked by the state to obstruct.
It may bo set In motion by the national
authority itself under some circumstances to
remove obstructions in the way of interstate
commerce. To illustrate : If certain pollco
regulations necessary to protect a particular
branch of Interstate commerce lu Its pussatro
through a state are not supplied by n state ,
tie congress may provide for malting and enforcing -
forcing such regulations in the Interest and
for the protection of such commerce , having
due regard for all the Interests of the people
of such state to bo affected by these regula
tions.
As for Instance , 11 yellow fever should sud
denly take possession , epidemically , of the
states of the lower Mississippi , and inter
course between the great stales of the north
west and tbe ports below , which are usually
employed to mnue the exchanges Incident to
tbo commerce of that vast region , should bo
seriously interrupted , I maintain that In the
absoncn of the necessary health or pollco
regulations in those states to deal quickly
and effectively with the situation , congress
could , and It would bo Its duty under the con
stitution to supply these regulations and uu-
thortzo action directly upon the case any
where In these states for the purpose of re
moving such obstacles to commerce when
they could not otherwise bo removed. And
ultimately this rule will obtain and bo gladly
accepted by the people of every state in the
union. Of course these are extreme cases ,
but tbo law should bo ready always to pro
tect commerce among the several states in
any and every emergency.
Certainly it would always bo most desira
ble , and undoubtedly It would generally hap-
pon.lf the bill under consideration should be
come a law , that where tbo state had provid
* ed laws to meet the case tbo national powers
KI\Ypuld bo exercised as an auxiliary force
otily ; the state laws being supplemented by
* tiio regulation established by congress , and
the state uconcios being employed as far as
practicable to carry out the purposes of the
proposed act. It is upon this theory of co
operation where possible , that this bill was
framed.
The reasons for such a policy are manifold.
They could not bo better presented loan they
were by Chief Justice Marshall in the learned
opinion in the case of Gibbons vs Ogdcn ,
from which I before quoted. Ho said :
The acts of congress passed lit IWO and 17M
empowering and directing the olllcurs of the
general government to conform to and Insist
' ) In the execution of the quarantine unit health
. , , rlaw ? of u state proceed , It Is sitld , upon the
, 'idea that these laws are constitutional. It Is
"undoubtedly tiuo that they do proceed upon
that Idea , and thn constitutionality of such
laws has never , sii fur us we are Informed.boon
denied. lint they do not Imply un acknowl
edgement that a stnto miiy rightfully reuu-
liitocommor o with foreign nations or unions
the status , for they it o not linp'y that such
laws are un exorcise of that powwr. or unacted
with u vlow to It. On tno contrary they uro
treated as quarantine and health laws , uro so
denominated in the acts ot congress , and are
considered us Mowing from the acknowledged
power of astute to provide for the health of
Its eltl/ons. llut us It was apparent , that some
cf the provisions made for tills purpose and
In virtue of this power might Interfere with
und bo affected by the laws of the United
States made for the regulation of commerce ,
congress. In thut spirit of harmony und con
ciliation which ought always to cliaraeterl/o
the conduct of governments standing In the
relation whloh that of the union anU these of
the states boar to each other , bus directed Its
onicon to aid in the execution of these laws ,
and has In some measure adapted Its own
* legislation to this jbjout by makln ; provisions
In.uldof these of the .states. Hiu in making
these provisions the opinion U unequivocally
manifested that congress mav control tin )
Blato laws. RO fur as U may be necessary to
control them , for thu regulation of commerce.
However , it will bo remembered that Chief
Justice Marshall In the rase of Gibbons vs.
Ogden had before him primarily the question
only of certain state enactments under which
congress had authorized cooperation through
certain ofllcors of the national government
with thn state authorities , "whereas the re
quirement now Is to provide not only cooper-
oration when that can bo had , but for Inde
pendent action by the national government
In the case of non action by the state or the
non existence of any state laws or regula
tions whatever to meet the case. "
Nothing morn pertinent and Instructive-
to the natural correlation ofo.vTuderal and
state powers and dutlen. noting inoro conclusive -
clusivo as to the obligation resting upon the
federal und state O'ltuontios ' to act In unison
and harmony Ia..raltors of great Interstate
concern ilka f ; . . . . under discussion has over
been written than this plain , simple , strong
statnm'jnt of Chief Justice Marshall.
U. tbo view Is correct that the federal au-
, 'inorlty may remove uurtful or dastruciivo
obstructions from the pathway of Interstate
commerce , oven If placed upon the lines
thereof by a state lying between tvto or more
states through which such commerce must
puss , may it not truce into a statu a poison
ous adulteration or an Injurious counterfeit
of an article of food or drug which has boon
Introduced Into such state through another
state , whloh Is admittedly hurtful to tbo
general health , prejudicial to the In
to rot U ot honorable commerce , and at
the tame tlmo n vicious assault upon
'
the' general wo ) fa its I However , It
would never be necessary to assert this
power in the execution of this proposed act ,
because the comities between tbo slutes and
the federal government having a common
purpose of this high order In view , would ,
an Intimated by Chief Justice Marshall in
the learned dociilon of Gibbons vs Ogden ,
always bo liberally observed. Particularly
would thU happen In such cases as this bill
. proposes to deal with whlcti bears BO inti
mate' relation to "tho general welfare" of
* all the people.
Thflro la , therefore , no possible doubt as to
the correctness of the general theory upon
which thU bill rests , 'i'be doctrine must bo
accepted that congress can provide by gen
eral provisions auddellnitlons Hue the o em
ployed ic this bill for tbo regulation of commerce
morco among the several statoj lu adulterated
foods which are admittedly Injurious to the
pmierai health. The Mutes , having a com
mon interest and a common purpose to sub-
nnre , will not fail to enact similar laws to
enable them to co-operate with the federal
authority through the reciprocal
use of all the Itispsctlcn and
police powers of each. ID recognition of
this duty and obligation , a stats would never
refuse to authorise the federal oQlcera to help
execute health laws enacted by tbe state , nor
to content ttiut under such au act the .federal
officer might extend his inspection to a man
ufactory in sunh state oagagod in compoundIng -
Ing adulterated food and itrupa exclusively
'or shipment and sale lu other states and ter
ritories , wbotn the offender cannot bo other-
wsu reached.
But if lor any rravou U should bo pro-
f rrcu by cituer thate&cn khould act Inde
pendently under liis.'r ' respective laws , it con
not be dialed that ihero would bo urccl p-
root ! cxoivUe of all tiielr sojmrtu powers m
such cases for so commendable n purpose
the common boncllt and advantage of all the
people ot all tbo states.
Very soon , under the Influence of this
leclMiitton , every state , which has not
already done MO , will enact food adulteration
nets , conforming In their general provisions
to this proposed act of congress , and , meet
ing at tno line ot tbo Jurlsdlctlonal boundary
between federal and state authority , these
potential forces will bo over ready to co-
oporalo In n common effort to purlfv the
food and drug supplies of the pooplo. it Is
not , therefore , now , nor will It over bo ,
necessary In respect of such legislation as
this to split limn as to tbe technical con
struction of national and state Inspection
laws.
It is morally certain that this happy con
formity In the provisions ot the federal and
slate laws for the protection of our food sup
plies of which I have spoken will soon ovon-
tualo if this bill shall become n law , And
when this shall happen my trio ml from
Tennessee will no longer bo disturbed by the
possible interference on the part of the
ledoral authorities with the neighborhood
trade In ncld vinegar In "Old Virginia , "
which ho says Is "known to bo not the pure
article , " but as ho says , is "perhaps harm-
loss" the imaginary future vicissitude * of
which under this proposed act ho so elo
quently described the ether day In the fol
lowing language !
Now , I may illustrate by a Maryland man
telling mo the other day Unit a vast amount ,
hundreds and thousands of barrels.of vinegar
were made In llio western part of Virginia
mid It was all uiluttorutod mure or loss , I *
was known thut It was not the pure urllciu ,
but It found ready sale , and perhaps was
harmless. According to the seventh and the
ninth sections of this bill , when thu manu
facturer of that vinegar sells It tosomobo'ly
oho , puts It uu at auction , If you please , sells
It to Tom , Dick and Hurry around his estab
lishment , or nolla It to another merchant In
duo course of trade , not knowing what ho Is
golngtodo with U ; or supuosln ? they are
going to consume It In tno vicinity where
niiule , within or elsewhere within tliu borders
of that state , you can go there mid arrest that
ma n , hu being the manufacturer , and when ho
hud no Idea ut all Of shipping the vlnoiinr be
yond the borders of thu stuto. Another man ,
speculating In it , limy go ami buy from that
.second party In thu neighborhood , and ho
knows nothliu of Its being adulterated , and
yet It Is adulterated , but harmless.
The vlnognr goes Into Maryland , and hero
comes ono of these Inspectors with the govern
ment authority to analyze und ronort. Ho
Hayn : "This Is not pure vinegar ; I will Indict
you and curry you to the courts. "
The purchaser In Maryland Is Innocent , and
perhaps did not Know anything about the
ianuuiiBuof this bill. Ho Is asked : "Whorodid
you got it ? " "From a certain mini back upon
the road runnlir. ? Into western Vlrglnlu. "
Then It la imulu his duty to go und cot thut
dealer In Vlrglnluwho in turn hud purchased
It from the manufacturer , who had made It
from the fruit of his own orchard. This ix.-ent
iroos back to that man , und according to the
terms of this bill In the seventh
and ninth sections , can lay hands violently on
the man who has manufactured tills vlnojur ,
although ho hud nothing to do with the ship
ment , und thu merchant who nought , from htm
know nothing of the adulteration when ho
sent It outside of the lines of thu statoj.
This picture In its varied details is so In
volved uud complicated that I foci myself un
equal to the tusk of properly answering it. I
must , therefore , content myself with the
single observation that if the people of Vir
ginia llko to use adulterated vinegar , acid
vluogar , which , if not absolutely poisonous ,
is most harmful , in their own state where
the same is manufactured , they can do so
under this proposed act. And after it shall
become a law , the senator's Injunction to "let
welt enough alone" will not bo necessary ,
for -.ho pcoplo of "Old Virginia" can still
"havo Iroo course" : md ha poisoned If
they will , only they will uot then bo permitted
to send their adulterated vinegar to Maryland
unless It I ? branded as such. Ho will llud ,
however , that this Idea of his will not satisfy
the people of "Old Virginia. "
Among the strong appeals received for the
passage of this measure many have come
from "Old Virginia. " My frlenu will llnd
that they , too , want pure vinegar , or , at
least , that they want the adulterated vinegar
branded and sold for exactly what it is , and
not as "pure cider vinegar ; " und that under
their own laws , which are sura to
follow the enactment of this , they
will bo among tbo readiest of all
to require the regulation of the
manufacture of impure vinegar In their own
slate und to co-operate with the United
States authorities in securing the enforce
ment of similar regulations where it becomes
u subject of interstate commerce. As u
further answer , the following resolution ,
olllcialty signed , recently adopted at tbo un-
nual meeting ot tbo Fruit Growers' and
Cider Vinegar Makers' association of Massa
chusetts , ii rospuctfully .submitted :
ShCHBTAllY'n OKKICE , UlI.I.KlUCA , MuSS. . Fob ,
II ) . IS'.K. ' Dear Sir : At the annual meeting of
the Fruit Growers' , Cider und Older Vinegar
Milkers' association of Massachusetts , hold In
Uoston February - ' , the following resolution
was unanimously adopted :
"Uesolvod , Thut the president und secre
tary of this association he empowered , us of
ficers of tills association , to write a letter to
the Massachusetts senators and representa
tives In congress sottlni ; forth that this asso
ciation Indorses the t'addouk pure food bill
now before the United Stales sun.ito. and re
questing that they give their aid to Its enact
ment , EUEN SI. Hol.imuoK. President.
E. R DICKINSON , Secretary.
HON. A. S. I'AlHIOCK ,
Sento Chamber , Washington , D. 0 ,
I further quote from my distinguished
friend from Tennessee his expressed uppro-
hcnston as to thu probable disturbance of the
Interstate commerce between Maryland and
Virginia oy the passage of thU'nct. The
senator says :
The possible effect of the law may bo to
iiuko trudo which is lawful within two states
a mlsJemtxinor , when carried on between
these states. Maryland and Virginia may
each permit thu manufacture and trade
In un adulterated article of food , while this
law places It * Inspectors on the boundary be
tween Maryland mid Virginia to prevent the
Introduction of nn article the manufacture of
which each stale encourages und promotes.
The anomaly U presented of u law of congress
enacted under the authority "to regulate
commerce , " actually preventing the com
merce wllliout , and possibly against ,
the consent of the states must In
terested. It Is an example of
federal matoruullsui of u stepmother charac
ter , never contemplated In u system of gov
ernment where the functions of thagovurn-
munt were not intended to hinder , ind circum
vent thu freest Intorcourio between the
stales.
THIS Is In the nature of nn unconstitutional
argument to el osldo a plain provision of tbo
constitutionaid from so strict a construction-
IfUc'tts uiy friend from Tennessee is rather
surprising.
My friend Is solicitous about the destruc
tion of the cheap food supply of the poor by
the passage of this bill , tha nlm and purpose
of which is to make- purer and , therefore ,
cheaper , the food supply of nil.
Mr. President , thereis uo class of our poo-
nlo who are HO directly ana vitally Interested
In thu passage of this bill as the poor , the
men who compose what are termed tbo "tin-
pull brigade * , " the bowers of wood and the
drawers of water , who construct our rail
roads , build our cities , work in our factories ,
iron mills , und in the thousands of other em
ployments which belong largely to unskilled
labor , as well us the olorks and others of
moderate salaries who live in towns and
cities.
I will allow these eminent authorities. II.
Wburton Amorllug , president of the Society
for the 1'revoiitlou of the Adulteration of
Foods , and Dr. Haisol , the eminent scientist ,
to maUo my further auswer to tbo senator
from Tennessee as to this particular objec
tion. Mr. Ainorllngsoys :
lly adulteration a rnim Is made Hick and by
It ho la prevented from recovering. * * *
I'eoplo In good circumstances do not suffer a
tltltu us much IIH the poor lu the cities from
these adulterations.
Dr. Mussel says :
It Is , however , thn poor man , the laborer and
thu arils in , who IH the most exlenaively de
frauded , for , ocuunlod early and late with his
dally labor , often in debt to those with whom
ho deals , ho bun nn tlmo nor power to help him
self In thu mutter , and If ha had thu tlmo , lie
still would require thn requisite knowledge.
The subject of adulteration , therefore , while
It concerns all olusies , u eminently a poor
man's quest Ion , fho extent to whloh no U
cheated through adulterations Is enormous.
My friend from Tennessee is also disturbed
lest the passage of this not may Interfere
with tbo successful efforts of Massachusetts
to reduce tbo percentage of food adulteration
in that state "as a result of Its stringent food
und drug luspectiou laws , " which show a
saving of 5 per cent iu the increased purity
of their articles of food during the pant few
yearn. This Is what Dr. Abbott , secretary
of the State Hoard of Health , the oBlcor who ,
under that law bus accomplished all this ,
says about this proposed legislation In its ef
fect upon tneir great worUiu Massachusetts :
Your bill will bo helpful to all atatea which
ru atteu.ptlnx to cufurco such luwa of their
owu. I have carefully road the bill and ap-
preclato Un Importance.
Again , ho says ;
Tha trouble with us Is that wo oannot take
caroof udulter.iteJ fuod and druca that are
manufactured In and come to us from other
status , of which therg la un Immense amount.
\Vemuatliuveftoonjjrosslonal law whloh will
rejulato the transit of that kind of product to
onublo UN to roach the uifrndera.
Mr , President , If Dr. Abbott bybia map-
ulllcent worlc in Muwapbuaetts baa aaved fi
per uont of tao tcod supply lu that state la a
few years , it Is safe to say that from the
date of tno pnisago ot this net. ho will save
another 5 per cent In ono yoar. If 5
per cent could bo saved in all the
states throutth corresponding laws
nnd effort to minimize these adulterations
supplemented by tno great work that cau bo
done on Intor.Unto commerce lines if this bill
becomes a law , It will result In n net saving
to the whole country In tholr food supply ot
mnro than tJOO,000,000 , according to tbo ap
proved estimates of tbo total food consump
tion of the whole country to bo affected' by
this legislation.
My friend from Tennessee says that "tho
health of the people Is the rightful care of
the states. " Undoubtedly ho Is correct ,
The slates are rightfully charged primarily
with this duty ; but I am sura ho has not
objected In thn past to tbo Intervention of
Iho federal government , under the leadership
of his distinguished collonguo [ Mr. Harris ] ,
when Its Rroat power has peon Invoked
nnd freely used to arrest the rav
ages of yellow fovcr epidemics In
southern states. Nor has any objection
boon hoard from these statai when Inr o ap
propriations huvo boon made for the relief of
sufferer * from floods In the valley ot the
lower Mississippi , nor for the construction of
lovocs toconlluo tno watorsof that great
stream , nnd thus prevent the overllows
which not only destroy vast amounts of
private propurty In these states , but brood
malaria , favors , und other diseases which re
sult In great suffering nnd mortality.
I agree with him that these ara nil mat
ters which may properly rocelvo the atten
tion and thaassUtiuco of the federal pov-
ornmout , mid I have always favored them.
So may the federal government properly
intervene on the lines of Interstate commerce -
morco to aid In arresting the polluting and
poisoning of the channels through which the
food and medicine supplies tuss to the
people who nro ovor.vwnoro robboil , while
thousands nro nent to tholr graves every
year from this cause.
My distinguished friend from Texas [ Mr.
Coke ] , in tils general criticisms of this bill
the other day said :
Tluira Is notn producer , n compoundor , or
manufacturer of medicines , of food , or of
liquors who will nut bo subject to obstruction ,
oppression ana harrassmont in his business
umlHrthls proposed law.
And again :
The opportunities and 'ho Inducements for
Illicit money making by these who should hon
estly exceutn the law Hill bo too many nnd
too Kroat to leave n reasonable ground to ox-
poet honest administration. The swarm of olll-
cers , agents , nnd employes required under
this bill. It there Is to bo a bonti lido enforce
ment of It , will of necessity extend over und
permeate the whole country , so that no
amount ( if executive honesty ami ability In
the department chiefs hero In Washington
will avert the ro3iitt I have Indicated
And further :
The concentration tn ono or hiil.f a. dozen
chemists heroin Washington of the power to
say what food , drink , or medicine Is lit for the
people to use. and to forbid that which they
say is unlit being Iransported through thu
ohanuolsof Interstate commerce , will slrl. < o
Iho tiven go judgment of the people of this
country as too groal a power over them , over
tholr business , tholr commerce , tho.r manu
facturing anil pioduclu ; Interests , und as one
too liable toamiso from Unoranue , dishon
esty and corruption to bo Intrusted lo any
man or but of men.
Mr. President , ! * ; is absurd to say that "ob-
struclion , " "oppression , " and "harassment"
arc possible to any honest producer or dealer
throueh the analyses provided for by this
uill. Tnoro Is no authority to make seizures
or to stop or obstruct uuything any whoro. The
honest will Invite , will bo anxious for inspec
tion nnd analyses , just as under the meat
inspection acts recently passed those who
slaughter beeves and pack nnd ship the
products thereof from ono state to unothor
or to foreign countries , ara now ull of tliom
anxious to huvo an Inspection of tha sumo.
And this inspection , Mr. President , Is uni
formly made at the packing houses in the
several states , which stand iu the same re
lation to interstate commerce that the manu
factories ot-artiulos which are subjects of in
terstate commerce will under this bill If
oiiaoiad Into law.
Mr. President , the Department of Agricul
ture cau prosecute no ono under fils pro
posed net. The functions ot the olllcora of
that department wholly cease with analyses
and the publication of the same. Inspection
can only bo employed for the purpose of
localizing suspected articles for analyses ; so
If samples are refused to be sold for this pur
pose they can not be seized nor molested In
any way by an ofllcer of the Agricultural de
partment. When a refusal occurs nothing
further can bo done than 'tu report tbe case
to the proper district attorney for his investi
gation as to the refusal ot the party of whom
the request may bo made for a sample for
analysis.
Such a refusal will never happen In the
caio of an honest shipper or dealer. After
this act shall hare bo3u In forca for a tlmo it.
will infrequently happen , even iu the cine of
these who ara disposed to bo dishonest. The
deterrent Influence of the law will bo a re
straint upon him which will load him out of
his ovll practices. Therefore this will bo ono
of the most valuable provisions of the act. | I
hope it cannot bo that this is the real reason
for do-ilring to have sections ? und 8 stricken
out. It will create a public soutltuont not
only with the consuming public , but with nil
manufacturers , shippers und dealers which
will render the refusal of a sample for analy
sis very rare Indeed. If a fraud Is discov
ered , tha person guilty of it will doscrvo a
llttlo "obstruction , " "barrassmont , " etc. ,
but this ho cannot gat from tbo Department
of Agriculture. It must como from the
United States courts , under their regular
processes.
The observation of my distinguished friend
from Texas as tn the possibility of "Illicit
money making" by tboso wno may bo charged
with the administration of this measure is
unworthy of him. The rule as to ofllcmi
conduct with all , from the highest to tbo
lowest la our government , is to oa honest
and faithful in the discharge of public duties.
And when I say this t-iftlor to' the "ropr'e-
soutatlvos In oQtca of no particular political
party. My statement is true as to all. Cer
tainly this rule would bo no loss likely to bo
observed by these who may be employed in
this particular service than In all others.
But how could they make "illicit money } "
No ono can handle a dollar of money nor an
artlclo of any kiuu , except a small sample of
little or no value.
It is required , moreover , that this sample
shall bo divided into throe parts , each bcaled
and labeled , ono of which thn suspected
dealer may keep , ono of which the food HCC-
tlon takes , and one ot which Is bold by the
proper district attorney , each to bo sepa
rately analyzed by different analysts uud
each to bo a chock upon the othor. Where
could the Illicit money making come in under
Buch a method as this ! Now , this U all there
is of the functions of each and all of tba offi
cers of the food section under the provisions
relating to analytics.
After what I havu already said in answer
to this branch of the remarks of tbo senator
from Texas , It seems unnecessary to make
any comment upon his very extravagant
proposition as to the concentration In one or
half a dozen chemists here in Washington of
the power to any "what food , drink or modi-
olno Is lit for the people to use , " and to "for
bid that which they say is unlit , " etc. They
eau neither "jay1 nor "forbid" here per
eUowhuro what people shall or shall not eater
or drinIt , or what medicine they shall or
shall not use when sick ; Thu analysts can
analyze generally in the food Division sam
ples of articles of food and drugs aud pub
lish tbo results of the same , Just us they are
now doing in o small way. IJutoven in the
oaseof a prosecution they can not publish an
analysis of the alleged adulterated articles in
connection with , the name of tbe person
adulterating the articles until after trial
and conviction of tbo person thus offending.
They can not present the case of a party
charged with violating any of the sections of
this act relating to the adulterations or mis-
brandings embraced within Its definitions ,
without , as I have before stated , permitting
him to take from the sample of bU own artl
clo whloh is suspected of having boon adul
terated , one-third of the same for analysis ID
bis presence , at tbo same time ono being de
posited with the proper district attorney , to
bo analyzed under his control , so that three
authorities , ono of which Is the offending
party himself , have each Independent super
vision ot an analysis of the same artlclo , and
a full concurrence as to tbo result of such
analyses must be secured to insure the con
viction of the offender.
I cannot , therefore , aeo where my friend
from Texas finds his authority in this bill for
tbe statement which I bavo quoted as to the
potentiality of the food division in rospeot of
tbo control of "what food , drink , or medicine
is fit for the people 10 use , " etc.
I have already , iu reviewing the speech of
my honored friend from Tennessee , suf
ficiently answered the extravagant estimate
of the oost of administration of this proposed
law made by the senator from Teicat , and
nothing further seems necessary cm that
bead ,
Too senator from Texas read an extract
from a report made several yean since by
thn Knplish Board of Inland Hovonue to tbo
off cot that thn legislative en act mauls of Bug-
land baa nol boon M suocos ful a themirfht
have boon , principally from a lack ot discrim
ination on the part ot thA consuming public ,
us the report slates. It. Is rather in the na
ture of an exhortation to consumers to help
by tholr own bxampla to create n pubtlo
sentiment which would force the dishonest
trader out of business if after detection ho
should still continue In such practices.
Thn fact stated by Dr. Hassol , the eminent
English scientist , which I have before pre
sented , that the poor become bound to the
small dealers by tholr constant Indebtedness
to them , nnil nro not , therefore , in a situa
tion to publicly discredit them even If they
know that they are selling spurlons foods ,
partly accounts for thu earlier troubles In en
forcing the law under the English retail sra-
torn ; oosldes the lines In cases of conviction
nro almost nothing , and the minor magis
trates as a rule are morn tnofllclont than the
most Ignorant frtmtlor Justices of the peace
nnywhcro lu thls'oountry ; then the influence-
of the publicationqt frauds where the mass
ot the common people have such limited
access to what Is-printed us in Kngland , is
very llttlo at triou. But , notwithstanding
all this , a great advance has been inndo In
the past ton yea j lu that country in the
work of nrrosilnt' food adulterations and
sophistications. KDI
In the ropjrt inrvlo to tbo English. Society
of Publta Analysts , at its annual mooting ,
hold on January < > 'nf ' the present year , about
two months ngo. J llnd the following :
In suite of such obstuolcs
The very ones "which I have Just stated
thu effects of the tiqt have been nothing Hhort
ot Htirtllnf : ! , and huvo resulted In the saving
of hundreds ut thbusand.s. nay. millions of
pounds of thu pulillo money. In the live
yuiri , 1HT7-18SI. the percentage of samples
fouiM adulterated In the whole of ICiul ind
and Wales was lit/ ' , from which llguro It hits
insularly and sUvidliy declined to 11 , : ! lu 1SJJ :
thut Is to suv. In fifteen voirs u reduction of
111 pur cent ot the total adulteration , Tvventy-
Hoven thousand tour hundred und sixty-live
s imnlcs wore uimlyru.l during 18'JJ ' , of which
: iUiiU were luported to hu adulterated.
U Is also u matter of public knowledge m
this country that In tbo past few yean the
'
inspectors under the English law bavo do-
tcctod a number of fraudulent , mtsbriiudod
artlcluj of food which hud boon shipped in
enormous quantities from this country , to
the very great injury of our export trade.
Among these was canned hoof falsely
branded UD choice muttons , which are much
raoro expensive than c.innoil beef m the Eng
lish mnrkots ; also , illloil cheese , a vlillanous
compound of common lard and. other fata
inixod with milk , etc. , branded as American
creamery choose ; also , butter branded as
superfine dairy butter , but which was adul
terated with margarine , etc. ; also , a lard
branded as pure leaf lard , but which was
made of stei-ino , cotton-seed oil , etc. , with a
small percentage of swine fat.
And there Is this to bo said , that ot all the
countries of the civilized world , the only ono
touay that has not laws llko this covering the
whole Hold of food adulteration , and police
regulations to prevent the adulteration and
sophistic-itlon of foods , Is the United States
of America , the greatest of nil of them In all
that constitutes true national greatness.
Mr. Pulmor Will the senator from Ne
braska allow mo to ask him a question.
Mr. Paddock I prefer thut the senator
should not Interrupt mo. My time Is very
limited , a special order will rbniDvo mo from
the floor at ; i o'clock , and I hjvo so much yet
to say that I can hardly lluish , If loft nlono.nt
that hour.
As a result of such rigid Inspections , and
equally severe import regulations , many
traders In these bogus and misbramled ar
ticles wcro convicted , llnoJ , uud the whole
business broken up. the altogether vicious
articles expelled from the English markets ,
and the nonlnjurlous compounds which had
been sold under fictitious brands rnlegutoJ to
their respective daises us compounds , and
forced under brands describing thorn as what
they really were. Therefore , although It
may have done ton or IHtbon years ago to
present the English law aud Its administra
tion as a fuiluro , in this year 1S92 It will not
servo the purpose ot the anemics of this bill
to prove that this is vicious legislation for
this great country.
Why , Mr. President , If notbme moro could
bo accomplished limn the inspection hero
which this bill provides for articlei of food
for exportation to Europe , to detect and pro-
yon t the shipment from our ports of such
compounds as I have described branded as
the choicest of our food products of their re
spective classes , there ought to bo no hesita
tion about its speedy enactment. It would
have been worth many millions of dollars to
our export trade , as 1 stuted yeslerday , if
this act could huvu.bocm passed early enouch
to hnvo made Impossible these fr.imls of re
cent veara 10 which I have called attention.
Mr. President , in connection with this par
ticular subject of our export trade , aud'tho
experiences of tbo lOir'lhh trajj In respect
of the same , I do.mro to present a llttlo testi
mony tndi od It is n partof the very ovldonco
furnished in connection with the fraud *
nbovo referred to ,
Our export tr.-vio is seriously articled
through tha absoyco of proper federal Inspec
tion laws. The mrd prosecutions in Liver
pool have been .followed by prosecutions
against English vendors of American tinned
meats. I quote from the Liverpool Courier
of Mav 13 , 1SUO :
Two loc.il grocers. Messrs. Holmes , of Iluy-
\vorth street. . : tnd J'tcksonof St. Jnmos Htreot.
wore yoUerduy summoned under the food und
dms ; net fur soiling ns tinned mutton beef
with a little million fit melted lu the tin
Thu defendants pleaded total ixnor.mco of
the fr.iml , whloh w.'im-nmmltleil ' In OhlevKO.
but they weru euoh lined "iu and costb U was
.stuted that the prosecutions were Instituted
as u result of a discussion In tri : lo Jonni'ilH '
about tinned buuf being sold as irutton , of
course ut hUhor prices.
In the mua of the Courier of May 10 wo
find tbo following :
At the mtiotliiR ot the health committee
yoiterclay Mr. 1C. II. Cookson. deputy chair
man , presiding , Mr. J. It. Morgan said ho no
ticed that a prosecution took place the other
day with regard to llio sale of tinned moat.
He hud huuii looking Into Una matter , and be
lieved there had lioun a fntiid. of nonsldor.ibla
'ranL'nltudo ; thousands' tins of ono class of
food being sold as quite another class. Ho
nsltrd the town clerk why thu action was
taken anJ for further particulars In respect
to It.
Mr. Moss ( committee clerk ) explained that It
came to tha knowledge of the Inspectors , un
der the sale of foods and drills ( adulteration )
act. thut largo quantities ot hoof woru bulni ;
sold us mutton In tins. The In-tpejtors vis
ited shops In various purls of the town and
obtained sample * ot nearly all the br.inds
they could. These wore uhmlttol fur
analysis ana a prosecution took place , thu
brands on thu tins In question belugas fol
lows : "I'lio Armour ( Jitnnlni ; company , Ohl-
case , U. S. A. , superior ro-ist mutton. " There
WIIH un allocution thut the mo.it was bad.
Mr. .T. II. Morgan remarked that tinned mut
ton fetched a much hljhor price than tinned
hoof.
In the report of the statistician of the De
partment of Agriculture for January and
February , 1300 , attention was called to the
fact that bogus chomo was being exported In
such quantities as to seriously threaten our
ontlro valuable foreign trade In that prouuot.
The secretary ot the Liverpool Provision
Trade Association and Exchanco company
made formal protest under date of March SO ,
1S9J , to Commlstlonor Thorn of Wisconsin.
The protest was as follows :
WaduHlra to Inform you that a committee ,
consisting of thu nndiirrfl ned. has been un
pointed by thU association lo wuteh the Inter-
nstb ot thn chtiebo trade , whloh uro being men-
iiood by the O'lnllnnod Incniase In thu manu
facture of the article known as "fllllnd
cheese. " Wo doslru to co-opiiruto with you in
the dlrootlon of obtaining snub legislation as
will load to the suppression ot the munufao-
turln1 ; of thl * urtlolu.
The lexltlmtto Interests of the trade uro
seriously Imperiled , and the reasonable ox-
poctatlonof the consumer disappointed , und
wo ura clearly or opinion that lha distribu
tion of "tilled cheese" Is ( lUnMistin' { the Hrltlsh
public with the pure article , and that our
tradn and mutual Interests are In duiiirer of
suffering a permanent , and lasting Injury.
Wo are In communication with our homo
sanitary author tics and are pluolnx the mai
ler before our agricultural government clo-
psirtmcnt and member * of the House of Com
mons. Wo venture to miKgoht that you should
call upon your novernmunt und afato legisla
tures lo nrohlblt thn manufacture of these
goods. Wo would ask you to Inform us what
steps are bolns tuUunon your slrlo and what
course should , In your opinion , bo adopted tu
bring about the end WB have in view :
In commenting upon the matter , the
Breeders1 Gazette ot Chicago spoke as fol
lows i
In the Gazelle of November 0 , 1880 , editorial
attention wan idvOii to the latest fraud which
allllcts both the producer and consumer of
dairy goods , nutuuly. the manufacture of
"tilled chuoso. " thu f. x t holme the discovery by
Commissioner TKqm , of Wisconsin , of u fuu-
lory In thut Htalu uugugod In iho extensive
production of thU'rllu stulf. "Filled cneuso , "
It muy bo mated /ur the bonetlt of those when
n re not Informed aV to I hU hues t Inven Ion of
the ovll oni ) In thiilleld , U made from vklm
milk , Into which J/tfun / melted , moldy , ration
"store butter , " Ul only for soiipgroasa , and
doubtless purobust ! at the price which suuh
refuse brio us , UuihlnUiloner Thorn's report
ot what ho saw wlth.hls own eyes at the fac
tory which was turnlnz out thin vile com
pound wai enough ( A make a man oven with
an unusually gtrnavt stomach forswear tor-
over the Rating ouheuaO. ( , Thu Uuzette'i opin
ion of this practice WAS plainly expressed ut
the time , and It Isuliarculy uecusmtry to reit
erate 1 ts demand'ft'r.the yutlra biippresslon of
the manufacture of this vllo and unwholesome
compound.
Aud the Wisconsin dairy and food com
missioner accompanied tha transmittal of
this letter to the Uazctto ofllro with the fol
lowing no to ot warning !
Inclosed please find a circular which oamo
to my address from thosoorularynf the Liver
pool Ktrlinngarntnn.iny. I think the muttoi
demands nttenllon from the friends ot ono of
the greatest Indilslrlns of the northwest. A
circular was received at , this ofllco from the
sumo source which stated thus the Mvcrpool
dooKs werocovorcd with "II led chruso" from
thost'itos of Ohio , Illinois , and Wisconsin ,
The murkut for cheese from these st lies could
notoso.'ipo rt-eolvlnn n hliiok eye. Until wii
can establish and maintain a demand for our
gooilii upon merit 111 Is b.in from forolen us
vro.l as homo countries will continue to exist.
The vigorous prosecutions of venders ot
so-cnilod "rollnod lord" In England resulted
in the proper branding of that article , but
the revelations made of American commr-
clul methods , whloh congress had taken no
measures to chock , seriously Injured our
trade on ether lines ,
I have ether evidence hero from witnesses
ot thn highest character , as to the great
need , and the general demand for this legis
lation. I quote from my remarks the other
day , as follous :
"Mr. President , I do not claim that this
proposed legislation Is parfcct by any man
ner ot moans , I ask senator * , u tbo bill Is
not properly drawn , If It Is not upon tha
proper lines as to Interstate commerce , to
take It up and deal with It hounslly nnd
fairly , nnd amend U , and perfect It ; make It
n good bill If U , Is not a , good bill now. Do
not , because there Is au apprehension that
some particular product may not bo able
hereafter to pot Itself Into n compound someWhere -
Where und disguise Itself under something
else to bo sold for that soinotliini ; else , ut-
tempt through state rights oburuollous aud
that sort of thing to prevent any legisla
tion.
tion."Mr.
"Mr. President , I now road nomolhlng that
did not como to n.o ofilelnlly , hut general ob
servations from ono of the best authorities In
the country :
Mr. Kll liu Winter , secretary of the commit-
lee on legislation of thu national pure-food
movement , lit a debate before the He tall
Urocora' association of New York , spoku us
follows :
"Adulteration plays Into thu bunds of the
avariciousfo\vby slvliu them the chance U
take mure than tholr share ( if trade , on ac
count of thu low prlcoi ut which they can sell
pour goods.
"Tho only protection the honest retailer can
scouro for himself Is to ask lha u itlonal gov-
arnmont to supplement thu vurluim states and
municipalities by ranching Imported com
modities , Interstate transportation , and In
territories , under the Jurisdiction of the
United States authorities , thu Halo of fool
products. ' It thu general government will
k'lvo tha lotuilor this protection' ho may then
work-uut his own s.Uv.xtion by putlliu bis In
dividual gu ir.uity upon ull his goods and do-
mindlirj : thut thu st tie authorities shall then
n ( 'o.'ni7o thu Integrity of his purpose und
give him support , Instead of making the pres
ent class discrimination. "
The sumo gimtlomuii , In a circular dated
March , 1337 , .says :
"The evils accruing from the manufacture ,
Importation and sale of adulterated feud ,
drus und medicines lire patent to all who
have glvnii the hiattur oven o isuil attention.
This Iralllu Is on the Increase , nnd the detri
ment il influences arising therefrom oxtoml to
thu health us wuil us the puoliols of the pee
ple. I-'or both hyulnnlu und commercial
reasons It Is iixroad that u romudy sutllclently
powerful to check thu ovll must bo Invoked. * ,
The constitution and by-luw.s of the Central
Assoulutlon of Kutull .Merchants of Now York
and vicinity , mimes under the heading of
"objects and alms" of tholr organization :
"I'liu nrotecllun aitalnst thu adulteration of
cools. Mutinous labels , Imperfectly proparoJ
food products , etc. Our proposed slate asso
ciation will have a duty to perform In urrlv-
inir. If uo Ihlu , ut : i happy medium of judg
ment upon the merits of these questions This
association .should also demand that with
every puulciiKo of food products shall bo du-
llverutl iho gunr.inty and designation ut the
quality of goods therein contained. "
Mr. uosowater , a very prominent citlzon
nnd scieuti.it at Cleveland , O. , says :
Kecontly In this stutn it was told that a
manufacturer of coffee , adulterated but not
so labeled , rendered llio stuto authorities
powerless by claiming that his product was
Intcn.led for commerce outsldo of Ohio.
That Is what Is the' matter with this busl-
UOJS.
UOJS.Mr.
Mr. President , In January. 18S7 , a bill
whoso tlrst draft was proparoa by Chancellor
Williamson of Now .lersov , for the National
Hoard of Trade ( vide Anti-Adulteration
Journal , volume 3 , No. 2) ) , which , in its ob
jects , aud even in the general tenor of iis
provisions , was qulto similar to tbo pending
measure , was laid boforu the national pure
food convention as inodllled by u conference
committee of tha National Board of Trade
aud Pure Peed convention. In that report
the committee said , laforrluc to the previous
draft :
The excellence of the underlying principles ,
however , huvo bpon rocn.rnlzod by tnulr adop
tion In thu health laws of several of our
states , und when wo gut -A national act apply
ing to Interstate commerce , which bus now
assumed .such vast proportions , the oilier
.stales will doubtless swing Into line. TJiestt
principles muy bo summarized as :
First I'rohlbltlon 01 hurtful adulterations.
Second UoKiilatlon of nonhurtful atluItera
tions In such a manner that consumers muy
knnur what they are buying ; so , If a mini
wants chlckory In his collou ho can tot it. but
ho that doe. not want It need not bo deceived.
The act. as origin illy Indorsed by the Na
tional Hoard of Trade , provided that Its ox-
exeutlon should bo lnlrii8tudtolhoNulluii.il
Ho ir.I of Health ; thut bodv at piojont Is In no
condition taulllcluntly administer sueh a law ,
so wu propose lo crculu u bureau In ono of thu
KOvernmont departmentand ) miiku It the solo
business of thai Lureau lo see that the law l.s
olllolently administered , Liws without u po
lice force or a pollco force without nod laws
are equally moluss. and wo propose thut this
luw. If created , shall bo of HOIIID use ,
Mr. President , the senator says there is no
demand for this legislation except as it comes
from the competitions of interested parties.
Lot us see where there U any demand for it
Petitions and memorials of many citizens of
Arkansas bavo come to congress asking for
the passatro of this bill ; a resolution of the
loclslature of Iowa ; memorial of tbo farm
ers' alliance and Industrial union of the
state of Illinois ; resolutions of the Chicago
Board of Trade ; memorial of the Farmers'
Mutuul Benefit association ot the state ot
Illinois ; memorial of Grocers' association ,
Hnltlmoro , Md. ; resolutions of the State
Cirango of Missouri ; ro.solutions of tbo executive -
cutivo committee of the State Orange of
Missouri ; resolutions of the legislature of
Missouri ; resolutions of the Thirty-sixth
general assembly of the state of Missouri ;
resolutions of Talmago ( Mich. ) granger peti
tion of Wholesale Grocers' association of
Boston , Muss. ; resolutions of the house of
representatives of Nebraska ; resolutions of
the legislature of the state of Now York.
Resolution of the legislature of the state of
Kansas ; resolutions ami memorial of the
Now Yont Produce exchange , of the Now
York Unard of Trade and Transportation ,
National Board of Trade , New York Cotton
exchange , Wholesale Grocers' association ,
etc. ; proceedings indorsing the bill of the
Aliron ( Ohio ) Board of Trade ; memorial of
the Kotuil Merchants' Protective association
of Scran ton , I'd. : memorial of the Chamber
of Conunurco or Charleston , S. C. ; resolu
tion of the legislature of Colorado ; resolution
of the Connecticut Stale grange ; memorial
of the National Fanners' alliance ; and these
uro only a part of them. I have brought
these out as samples , They are not.all , uy
many thousands.
Hero , Mr. President , Is the Journal of tbo
American Medical association. This is what
that great anu Influential Journal , standing
for tbo modlcal fratorclty of this country ,
says of this bill :
An evidence of progressive enlightenment
comes to us In the form u bill rojuntly Intro
duced In the United Slatessonato for provont-
Inntho adulteration of food and drugs , und
for other purposes. ThU bill Is HO commend
able and worthy of llio attention of ihu med
ical profession that we taku pleasure In glv-
Inx It bpaco lu our p.ines ,
Thou follows the bill , published iu OK-
tonao.
Hero U a letter from Dr. Epbralm Cutter ,
secretary of , the American Medical associa
tion , Cue of tbo mnst eminent modlcal scien
tists in ( ho world , who bus written inuny
books Which are recognized us standard
works the world over.
AMERICAN Mr.mtur , ASSOCIATION. SKOTION
OK IMivsiot.oru' AND IHtrrKTiod. New YUIIK.
1'eb. ID , IH'J. , My Dour Bin ThUuurtillos that
1 have re.ul the text of your pure food hill ,
and talio grout pleasure lu idvJnn It my
strongest Indorsement. Itli timely , needed ,
and shows that our lawmakers huvu at heart
I ho best Interests of thu unlisted yet most
valuable urtlolu of national wealth , to-wlt ,
thu hualtli of its citizens.
1 liavo the honor lo bo , sincerely , yours ,
Ki'iiiuiilCUTTKii , Secretary ,
BBNATOII A , B. I'ADDOCK. Chairman , oto.
Hero Is another. This is from the chalr-
mau of the committee oa legislation of the
National Wholesale Druggists association ;
und mark this , that everywhere , wherever
you can strlko an Influential organization ,
whether it be in medicine , lu drugs , in ttmnu-
fantures of food products , In dealing , or
whatever it may be , you will find their In
dorsement of this proposition , with the hope
that through It something at l Ml may bo ac
complished in the way ot deterrent legisla
tion , if notbtnz more , against the rascals , the
villains , the wlckod oorupounders and manip
ulators , adulterers and sophlstloators of food
and drug product ) , who are dMlroylng hott
est trade and bringing disgrace upon the
commercial naino ot this country.
Mr. ICclljr says ;
Yours of the 'iOlh ultimo anl cooyof the
BUtmtltuto bill duly received
NATtnMAti Wnoi.iisM.K niiwimvr.s ASSOCIA
TION , I'lTTtnumi , l'i , , I'ub. li. . lltii. A. H.
Paddock , Hcnino Olmmbor.Vashlneton , I ) . U.I
ours of thn : wtli ultimo un I copy of Ihu snb-
stlluto bill duly locolvcd. Accept thanks for
your piompt response.
After a careful scrutiny of the bill , consider
II unobjectionable , aud fool imurod that our
committee will not only favor IW passage , but
will uld in any w.-iy they m ty bo permitted ,
provided no objnotlonahlu amendments bo at-
t irhnd ,
Our committee desire to express tholr ap
preciation of your itomtroils and favorable
I'onsldi'Mllon of ttiolrsu gustlons. Yours re
spectfully , UimwiBA. KKI.I.V ,
Uhiilrman ,
I Rhonld sav that the very Intelligent and
honorable ofltccri of the National Wholesale
Druggists' association appeared before the
committee. The aim of tbo committee was
lomako a conservative measure which should
moot their views If possible. They gave us
much vnlimblo Information , 'Ihoy them
selves have made efforts lu limes past for
this ulna of legislation , and tholr national
conventions have always dwelt upon the Im
portance and the desirability of .such legisla
tion , to tholr very great honor bo it said.
This Is from nnothor momborbf the com
mittee , Mr. Kllno , whu is also n mombnr of
the National Druggists' association , n mem
ber of the committee on legislation , a man of
line intelligence , and ot the highest business
integrity.
Mr. Kllno says :
I'IIUAIIEI.IMIIA , Kob. 5 , 1802-DoarSlr : Please
accept thanks for copy of the revised pure
foo.l uud drug bill ,
I desire to thank you personally nnd as a
member of the committee on legislation ot the
National Wholesale Drugijlsls' association for
llio changes Hindu In this hill , which are cn-
tlrulv In tictoril wlth-my views anJ I uin sure
of n majority of the members of the u itlonal
association , und 1 sincerely trust thut the bill
muy he passed substantially In IIH present
shape.
I shall bo very much obliged to van If you
can .semi me from time tu time copies of the
bill should It ho further ehnnzoil Yours
truly , M. N. Kw.sn.
HON. A , S. 1'AiinnriK , Ohulrnun 1'nmmltteo
on Agriculture nd t'ornslry , Untied States
Senate , Washington , 1) . U.
iluro Is nnothor Important business factor ,
welt known In nil parts of this country. It
Is the Fruit Growers , Cider and Cidor-VIno-
gar MaltOM association , representing nn enor
mous interest , as people lu the fruit-growing
states well know , with nn Immense amount
of capital Invested , whoso great business
sultora. This Is a letter ofllclally signed by
tbo provident nnd secretary of that organiza
tion. The loiter Is as follows :
SKCiiKTAiiv'i ? OFFICE , IUU.EIUCA , Mass. . Koh.
IT. IS'l. ' . lie ir Sir : Althennniial meeting of
the Krult Urnwors. Older und C'ldur-Vlnoinr
Makers association of .Massachusetts , huld In
Hotton , Tel ) . J , the following resolution was
unanimously adopted :
"Itesolved , That the president and secretary
of this association be empowered , asolllcoi-s of
this association , to write a joint letter to the
Massachusetts senators nnd representatives
In consrosssotlliu : forth thut this association
Indorses the I'addoei ; pure fuo.l bill now boforu
thu United Stulmsenate , and requesting that
thuy glvo their uld to Us onaclmenl. "
Wo are faithfully yours.
Knr.N M. Hui.imooic , President.
K ! " . DICKINSO.V , Huurutuiy.
Hon. A. S. PAIIUOCK , senate Chamber. Wash
ington , 1) . 0.
Hero are also two articles from the Ameri
can Cider Makers Monthly Journal , which is
the representative of this great Interest. It
is an able und influential Journal , and Is well
known nil over the country. 1 road' :
[ .American Cider-Makers Monthly Journal ,
February 10 , ISitt.J
One of the upper most questions Intlio irado
Is to bond every effort to secure what Is Known
ns the "pure food bill. " now poiulhu In con-
cross. This measure was the tlrst bill Inlro-
duccd In thu senate at the opening of the ses
sion. Its provisions apply not only to the
output In any sltule trade or Industry , but to
nil food und drink products ,
Thu various associations ut their recent
moollnis. ull took action on the bill , strongly
urging Its early puss-tiro upon our nutloirtl
legislators In thu CHUM ) of una lulteralud
fruit coo.ls and unimpeachable elder vlnc.'ar.
Thu projcot of a national romiulltea for the
furtherance of the Interests of the trade ut
lursoYIIS ulsci approved , und every associa
tion's representative us selected was specially
Instruetol ic keep hlsoyo on the 1'uddouK
bill. Of the equity In branding and selling
goous for what they uro , und not what they
I'un bu m ido to resomhlo und fraudulently
disposed of fur. but ono opinion prevails
among consumers uud reputable manufact
urers , and this Is em bed leu und given point to
in Senalor I'uddouk's measure.
American Chler-'ttakcrs Monthly Journal ,
February 10 , ISJ- . ]
rum : riiopucrs LinisiiATioN. :
Older vlnoanr unU fruit goods muiiufaturors
throughout , the country uro urslnu thu pus-
sv-o of the bill Introduced by b'unulor I'ud-
dock of Nebraska , December li > , IH'll , In thu
United Hiatus mmnt ? "for provenllni ; the
adulteration and inlKbrnndliig of food and
drues. anil for other purpose ; , " The portion
of direct Interest to the trade U thut partof
section ( I dollnliiK when .1 food product sh ill
bo deemed to bo adulterated , us follows :
"First. If any siibsluiuo orsiibsfinees has
or have been niKxcd und packed with It so us tn
reduce or lower or injuriously atlrcl Its
quality or strength , so thut such product
when offered fur sale , shall bu calculated and
shall tend to iloeulvo the purchaser.
"So.iond. If any Inferior substance or sub-
stuneus IMS or have heun substituted , wholly
or In purl , for the urlicle. HO that thu product ,
when sutd , shall tend lo deceive Ihu pur
chaser.
"Third. If any valuable constituent of thu
urtlolo has been wholly or In part ubstriielcd.
so that the product , when sold , shall tend lo
doeolvolno purchaser.
"Fourth , if It beau Imitation of and sold
under the apoelllc numoaf another article , "
Other sections support und strengthen the
ubovo oxeerotB. The bill provides thut n
"food section of the chemical division" shall
he organized In the Department of Aqrleul-
turo , whose npuelllc duty shall bu to examine
und analyse specimens of food proiluels which
may be collected from time tu time. In various
parts of thu country , nnd publish In bullutlns
the result of such analyses.
[ From the American Agriculturalist , New
Yon ; . March. IfeO- ' . ]
The purn food bill of Senator Paddock U
likely 10 bo omictud , This comprehensive
measure establishes a pure ford division in
Iho Dopartmuiit nf Agriculture , and applies
tn various food products Intended for Inter
state and forolxn tratle the syntom of Inspec
tion thut Is already working so h-itlsfactoclly
with outtlu und meat products. Thu I'uddock
bill covers thu quest on of ndulter.ited or
compound lunl und Mmliar mixtures , und If
enacted , will render thu much discussed Con-
cm- lard hill uniii'cossary , and hut llttlo moro
will bu heard of the latter measure.
The most prominent collector of crop sta
tistics In the west , S. T , Priuio of Dwlght ,
Ijlvlugston county , III. , took occasion to col-
loot Information from 1,071) ) of bis farmer cor.
respondents regarding the pure food bill. In
response to the query , "Aro you In favor of
tha pure food billl" 1KU replied "yes , " fii
"No , " nnd ! ! 5 sent no answar. i
Mr. Prime wrltut In rojpoct uf this ropart :
My report was made up as the opinion of
nearly eleven Hundred farmers in thu Mttitus
of Ohio. Indiana , Mlchlu'i'.n , Illinois. Iowa ,
Wisconsin , Minnesota , thoDaUotas. Nebraska.
Missouri , Kansas , Kentucky und Tennessee I
know nothing about ihulr polities or whether
or not they wore members of llio Farmers'
iilllunco. For ton yo.irs lliese men have been
my regular urop correspondents.
Hero is another witness of the highest
character and intelligence :
( The Journal of the American Modlcal Afcso-
tion.J
APllr.TEHATlON OK FOODS ANP 111111(14.
An evidence of progressive enlightenment
comes to us In tin- form of "a bill roooiitly In
troduced In thu Unltud Statin sonoto for pro-
vontliitf thuudultorallonof food imd drugs ,
und for other purposes. "
This hill lnbo I'onimondnhla and worthy of
the attention of lhi < modlmil profession that
wu taku pleasure In Riving It spaoo In our
panes.
iiiiunH.
The examination of drusi bus received n
ooiiHlder blimliuroof our attention and HV-
POIIBO , with what , improvement In the imii the
hiturus below will show , l.ust jour llio mini-
luruliDii In drum was found to ho 05 per pout.
This yuar the avoraun , as will be Been by llio
unulyst'H report , IBlit per cent , hhowlns it
mnrxed Improvement , brought about without
resorting to proaceutlon. uxrnpt In thu latter
part of ihuyo.ir , of vrhli'lil shall apu.ik further
Thoiu fliuros do not represent the uctuul
rath ) of adulteration , but only of thoHodruut.
IIKISV liable lo suspicion ,
TUo Now York IJullotln , after a careful
review of the provisions of the bill , says :
The above ate essential provisions of Konu-
tor I'adiloek'H bill. Kvcrymin recognizes the
need lit fluoh legislation , and no concerted np-
poiltlon to It in possible- The Hlriiiiv compull-
tlon hutuoun muiiufuutururyunddoulur * toln-
creabo Ihulr sales has brouitht down pilcuo ,
und In order to keep up prollls rujnrts Imvo
been made to adulterations of ull kinds , 'lo
such unoxlonl has thU bonn earrlud that In
ninny eases urtlelm claimed to be pure consltt
rhlafly of nduttoranU. Spices are now inadu
und sold ut the buyer's price by moitns of the
addition of various adullunuiU ; wines ,
ululmod to bo pure , often consist of the Juice
at dried raisin * , currants , etc. . w Itli very.little
isrupo Julco. * * Hunator 1'addoclt'u bill Is
In llio right direction.
Dr. Lttltlmora of New York reports as fol
lows : Of K76 articles of diet in daily use In
every household 255or , moro than two-thirds ,
were adulterated. Of 205 samples of o-
called oroim of tartar analyzed , only flfty-
three worn unadulterated. Among the adul
terated samples were fouud oxallo acid nnd
terra nlbn ( whlto earth ) , terra nllm and
starch. Tha quantity of this poisonous ncld
was about fi per cent. In referring to ma-
nlpulatod spices , Dr. Lattlmoro says ( pngo /
4''h ) : /
The nrtlolos inol for the purpose of ndultor- '
atloni arocvt-emuly mimrroiiH. Most fnrl-
nucooussiibst-ini'os whloh have become dam-
aiced ami mis ilnlilo may by skillful rousting
and grinding be rumlorud serviceable by tha
"splco mlxor " Many ether urtlo cs which
nilRht DP Inc uttod unilnr the hrnd of rubbish ,
by sultibio mnnlpiilatKin mav botMnsformud
Into mixtures whloh closoiy resemble thn vnrl-
ois : spices In color nnd appournnce , lacking
only n little .seasoning with the sm.iilnst pos
sible qtiantliy of the roil nrtleio to glvo thn
uhiracturlstlo odor and fit thorn for tha
market.
Of forty-oluht analyses by Prof. Lnttlmoro
of useful household articles only seven were
puro. Uognrdlpg apices , Ui' go title in au
says .
While many mnnilfnoturcrs som under
llielrown names'round spices fi. , from all
forolen siibsttnuos mid ot excellent quality ,
nnd llnd an Inrioaslni ; npproulntlon of tholr
goods , yet the markets nrc mill lloodrd with
articles- poor quality , originally nnd luraoly V
mixud with nny eonvuhlont/ rubbish whlrlio.ui
bo manipulated Into ihu semblance of thn sou-
ulnu article. Fnrlitnntuly for the vlotlmlr.ed
purchaser , thu Mithslltutcs by the dlshoiiost
Hnlcu-Rrlndor. however iinsultod for food , nnd
often tepulslvo In chiirautor , uro not posi
tively poisonous.
iilll'ns.
Prof. W. O. Tucker , in his report ( page
USO. report 1SS3) ) . shows the result of 320sum-
pies of various drugs , ns follows :
flood qii illty Her 43.0 pnr confv
F.ilrnunllty 41 , or IU pur cent N.
Inferior. TU. or24.8 percent \
.Sot as called for M , or ItU percent ' <
The latter IK ) .si.mplcs , designated "not ns
called for , " show simply the fairness of the ,
examiner , as , while containing adulterants ,
boncllt ot Iho doubt Is given to the coin-
pounder or seller , whether the article was
sold through ignorance or mistake. The fact
established Is thut out of ! Wll samples exam
ined only HO were pure , nnd 70 came under
thn heading of "Inferior , " which the writer
says Is useu In the ronort to designate nrti-
clos "if not clearly ndultcralod or falsified ,
laciEitiB In any Important constituent , de
ficient In strength from Inun-opor manufact
ure , partial or complete decomposition , or
ether caunos , or containing undue amount of
unpurltjsr"
Dr. Beckwlth , chairman of comratttoo on
adulteration ot food , drinks , nnd drugs of tbo *
Ohio Slate Hoard of Health , says :
The wisdom of prohibitory legislation can
bo seen o-i our side of Ihu water by llio rusulls
obtained In Canada. Thu work of examina
tion there bcxnti In ISTil. when iil.GO percent of
Ihu nrtlulosuxamliio I were found adulterate I.
In six yours thoroafler , or In IBS. , this per-
conta-'o had been reduced to MS , u remarkable
s-howln j.when wu consider that the only iiioda
of punlsomont for Infraction ot the law has
been the publlcallon of the names of guilty
.parlies.
11 may bo safely assorted that In every
locality where the law docs not dolor from
thu act uuiilturntod articles aru on sale In all
Ulnds of food supply stores , oven thu most
reputable.
The same authority , In nn address before
the stnto sanitary convention , said :
In the matter of cotfous , teas , spices and
m.inv oilier arllclc.s In dally uso. short crons
or sweopln t changes In Import duties do not
tioub'o ' tha consumer In the least. The boiiutl-
cent manipulators of these goods take ihu
Importbe It much or little.and brill ? the sup
ply IIP to Hiedutirind lu their own warehouses
throueh n judicious souhlslleatlon by Ihu USD
of clifiip homo products.
And ho says :
When wu consider that the welfare , the hap
piness und Iho grealost prosperity of a nation
depends upon llio health und morals of Its
people , uud th > t unpaliitublo and Irritating /
foods uro tliu prlmu cause of very many ( Us- 1
oases that llcsh Isholr to , Ihu Imperativeness V J
of entering llio fluid , lance In hand , against -
Hits Ins-illablo foe to good living unu coo I
temper , fool adulterations , ought to bo ap
parent to every one of us. So much Iris been
charged nnd so much proven by thosu who
have si veil their tlmo and best fcclontlllc
knowledge to Investigations Inlo thu condi
tions of our feud piodiiuts , that lanoraiicacan
no longer bo madu the excuse for Inactivity ,
rlio most liumblo among us may become thu
strongest In this rlplitious Ilihl.
* * * * * * 4
I appeal to the economist to enter the lists
agafnsl thl.s dcspollcr of our IionieFuiiid < lc-
ploturof our fortunes. I appeal to humanity
to shako oir tliu fetters of Ihu most , orucl
tyrant and uxnutlng despot the world has over
seen. I appeal to the commercial men all over
the country lo unite us-n baiidof brothers und
discountenance the adulteration of fouil and
drink.
I'BNXSYI.VANIA.
Tha committee on adulterations , poisons ,
etc. , of the Pennsylvania legislature , speak
ing through tholr chairman , Dr. Po'mborioii
Dudley ( son paeo 00 , report of the Board of
Health of Pennsylvania ) , says :
There can bo no quest on , however , that the
department of sanitary labor assigned 10 this
committee N one of tliu most Important thut
ungaves the ailuiitlon of sun tavy .lUthdritles.
The adulterations of food ami ilru--i firuso
numerous , so common , so nnlvorVil , wo mlnht
a most say , and at the same time HO prejudi
cial to thu ho ilth of our people , lhatconuant
watchfulness ami omnipresent oversight alone
u n repress and prevent them.
Wherever competition prevails there wo find \
the tempi.ttlon lo lower llio standard of pur- \
Ityand stiunglh of our food sum's and our
inu llclntl prop ir.illons. and with the excep
tion of the fuw thai are protected by patents ,
this competition extends to ull.
Dr. L. Wolff , tu an article on "Our Drugs
and Medicines ( Pennsylvania Board ot
Healtli report , paeo U3S ) , says :
The use of pure druzs nnd mudlnlncs. prop
erly compounded and administered , uoiihtl-
lines a most Important foatuie for the preser
vation of health und the prevention of avoid
able duath. In all civilized uounliles It has
been made thu duty of thu stale to control
and supervise this through compatcnt olllelals
and special laws. Thu barm arising from
Inertor Impure ilnr.'H consists not only In de
feating thu end unit object they nro Intended
for , by uduilUinx of tno unchecked progres-i
of tliu dlsoasu nnd thd fufil coimuijuuncu-i
thereof , but also In their Improper and poi
sonous ml mixtures , which innko thorn do-
strnettvo to life nnd health. Many of them
possass powerful nnd lovlu action , nnd con
sequently , when eompounded and ndmlnls-
turu'l In Improper quantltleH und doses , glvu
rise to most ( Usastious results.
And again :
That there nro annually a number ofvulu-
ab'u lives sncrlllcud from ihls uausu In as llttlo
to bo doubled as that ull the eases of sull'er-
Inir. Illness and duath therefrom aru certainly
avoidable by iiropur 'miwlcd'.ro , forethought ,
precaution , and legal supervision.
I read an article from the Chieftain , pubj
llshod at Puobto , Co ) , , which 1 nm Informed
by my friends the senators from that suite ,
Is ono of the most Inllucntlal papers , whoso
editor is ono of the most. Intelligent nnd reli
able parsons connected with th o press In
ihnthtato :
I'Uiti ; FOOD.
The out raucous extend lo wtileh thendultor-
atlon of human food is carriud In modern
times and the evil lesults arising llimufrom
Imvo uro-itoil a niu'ussliy fur ihu paiiago of
.Senator I'mldooU'H pure food bill. This bill IH
one of Die hci > t of m\iiy nlmllar measures that
liavu buon Inlrotliicud in the ciuigrcns of ihu
Unite I Slates , lu chief provision Is thut all
aitlulea manufactured for human food shall
bu accompanied by u guaranty Hint they nro . ,
ns represented , * *
Of couriio llinru Is u howl nil over the coiin-
try from mon who huvo cnnvii wealthy /
IhroiUh tliomaiiiifucturoiiml Haluof adultor- '
aleil arllulos liileiuliid for human fno I nunliut
thu iHissnu'u ol tills bill , and many of thorn are
r.nuly to usu n portion of Ihuir Ill-gottun gnlm
in ( U'featlnx II.
Jf iiilultointlnni were nlwnyjof n harmless
n.ituro. Bliiiplyj5hiupur ) subiitani'es than thut
whloh Iho article puiports to bo , ; ( ud njtdulo- (
turloiin to huiiiaiuliualth , Ihu noco-ialiy for Ihu
uii'iulmuiit of Hiich n law would not bu ( )
gru.il , but In their blind Kritod for fain , many
c < msnloncele s men cause penplu lo unwlt-
tliiRly take into their ynl'jmn vlo | thliig'i
never iiitomlnfl for human food.
Senator I'uddo.-k'ji bill simply 'provides tint
all urtlulus of Ihu lilmlrt above Munlloned
hh-Ul bu old for what they really aru and not
what thuy unm to he. ( Joirce composed
largely of roattnil wormy Jmaim , forqxiimplc.
must bo hold an volfnu und beans , and lard
mad oof the Inti'sllnos of that nobio anlnril
llio hoit. In u Blrlotly nmurul ciimlltloii , anil
mixed with col to u seed oil mustno lonuor
miiMiiurndo | its pure kutlle rondoiod loaf ,
O.uoiiiuraarliiii must bo sold an Rilch and not
us line creamery bullor , ami grpiind spines
mlicd irllh cum meal mutt not Im palmiMi off
upon an unsuspecting public as straight
KOI III H.
1'h o re are very fuw muniifiilorluii In the
Ilnllud Slates Hid biiNtnuss of which In c.on-
II n I'd lo unVHliittio < tatc. huncu tliiiuonimllteu
to which tliu bill wat referred iionuludoil that
congress ban ua Koud n ioiiatltutonal : | rlnht in
n uliite thu Hdillloratlon of food us It h'ts ' lo
control thu mtemuto conimgi-i.'O ,
ICvury clil/oii whci Ims iinjr roxnrJ fir hU
huttllh and who objunu to buliu swindled In
almost every munufuulurcd aillcle of fond
which he buys uliould use every muaus In his
power to aid the puiuto ; ot.rJiialor l'u'Jdujk'4
A letter from H. WhnrUin Ainerllng , urotv
identof theAmovlcan Bocluty for tha ProX
vontlon of Aaultur&tlon ; cf l-'wid , etc. , U M <
follows :
, l > a. , Jnn.no , Ifi'Jl.-Dniir Hlr :
Your Kindly fuvor of UIHilth ultimo at hand.
torijily , niunklnx you for the later-
uit you uia tukfiiK In uutmrluK lh fr.uctnienl
df u niBusiiru which has for lt purpwo tii
iiUvunnoiucuKif the purity and exuollonco nf
the Kiipply Intnuleil { or ihr. uN'ciiunco of the
jieopluthu whulu puoplc. Thut niilcli U
tilvim lo the body in kiuuln nud prolong lift
nhoulil l/e muliitaln.ta pi.rf tul h rml < s
b /onittte vciiilb'llly cf : > t > l'.u > .on , so fur ai