The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1890-05-21
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Letter from Col. A.p. Butler.

Letter from Col. A.p. Butler.
/ CoLuMBGA. S. c., May II, 1SD3.
, Capt. i. Il. Tiiman: In the newspaper re-
ports of your speech at Anderson on May III
yuu are reported as charging Substantially
I that the department of agriculture mas per-
iraudcd i'm the purchase of commercial ftrtll-
iHcrs by failure to punish manufacturers
whose goods fall below their guarantee lou
are further reported to have said that you
could prove ali that you charge. anu quoted
from the annual report OF the department lor
the year lSSG us authority upon which TO sus'
tain your statement.
The legal penalty in regard to deficient fer
tiliZcrs is seizure. condemnation and sale, ana
: because this penalty has not been ihnicted
you deny that any other penalty has Dcch lih-
posed.
| This provision of the law cannot be enforced
for the sufficient reason that WHEN the anal
Uses are made, the fertilizers have been put IN
Ike ground and arc out of the reach oi an ac'
tinn of the kind prescribed. This defect IN
lhr law has been reported 10 the Legislature.
and could have been amended II tnat bouy
thought il necessary or desirable. Ihat ms
has not been done forces me to the cohciuSlon
that the representatives OF the people honest
is believed that the existing laws were Sut-
cirnt. or that the action OF the department IT,
self had made amendments unnecessary;
While, therefore, we have not seized anu
sold deficient fertilizers. We have detected anu
exposed all deficiencies. as the very report
from which you quoted shows.
as contemplated the department rcSortcd TO
the publication of the man facturers guaran-
tc.s alongside of the official alanyses, print
ing in italics those brands falling below the
guarantee. TuiS directed attention immedi.
atI;y To all deficient brands. IL should be un-
derstoud, however, that the department has
never undertaken to exercise the Judicial au-
thority to declare which, if any, OF such
brands were fraudulent. This penalty, volnn-
tarily imposed by the department, was after
detection, put upon every brand no matter
how slight the deficiency. lnonc case this dr-
lici"ncy amounted TO OniY one cone.hunufedth
If per cent. of potash, the cheapest inSrcdi-
mt used in commercial fertilizers. The de-
Ihrtn'ent could not say that this was Il fraud
amy more than IL could officially pronounce
other brands fraudulent where the difference
Was greater. Just what constitutes fraud Is
question to be determined by the Courts
alone.
There may be n difference Of opinion as to
whether merely exposing the deficiency was
sufficient punishment, but the Legislature has
regarded 1t. because 1t has for ten years iail
el to provide other punishment, even AFTER
the defects in the law have been officially re-
ported. But the best evidence Of the effect OF
This method of punishment Is found In the
subsequent reports of the department.. This
pan [nf italicisIng deficient brandSl was first
adopted in 1854. An examination of our re-
ports since that time will show that there has
been steady Improvement In the value OF
fertilizers IL WAS not expected that II would
in one season, result in bringing every brand
up To the guarantee, because new brands were
being introduced every year, ana the manu-,
f;lclurcrS Of such brands, not having realized
the effect Of this penalty. might take risks
that those who had been once exposed would
afterwards avoid If possible.
With the exception Of the ammoniated fer
iliZcrS In Il single season, the Improvement IN
the grade Of fertilizers has been marked
Fake for instance, the very report that you so
ga:bl"d in making your charges III is there
SHOWN that the averages OF the inanutacturcrS
guarantees for ammoniated fertilizers for that
season were:
AvailaEle phoSphoric acid........ So per cent
Ammonia 10 per cei.
ll9 per cent
Commercial ~ per ton
The averages Of the analyses by our chem
it were:
Available phosphoric acid.-.... go per cent
Ainmonla... ................"... ~ per cent
PntaSh..... z.II per ctIi'
Commercial Halue.... II per ION
Now this shows that, taking the general
sales throughout the State, these goods for
thai season exceeded the manufacturers guar
IN C,'S In:
\vai'a'ir pI,0Si' i'horic acid....... Los per cent
hmniniila VI, per ccni
......................... OGS per cent
t1min"rclal raiuc................... Us per Ton
Why did you not cxplaln this also? Was ii
because you had determined to dcnOuIlcc the
ucpartm of AZ riculiurr regardless OF iaclS
aid simply made use of such sarbled extracts
az Sri cd the purpose you had IN view! am
by the farther reply you are said to have
made when you were asked what became OF
the money of the department., and replied
that you did not know" The report In
which you found So much to condemn con-
tanned, ;lS You well knew, an iteniZed state.
mrnt OF every expenditure made by the de-
parimcnt for that year. You therefore did
know the purposes for which IT had been en-
ucndrd aud your answer was worse than
simple evasion of the question.
You have assumed that all fertilizers found
deficient are fraudulent, and that in all Such
cases the farmers are swindled. The agricu-
tural value of many brands of this character
is nOtalicctcd hy the sill sht deficiencies detect
ed. hnt all are published because consumers
!lavc u right to know the exact results obtain.
ed. 1t Is often the case that the commercial
value of such fertilizers exceeds the gua1n-
tee; but, there being difference between
commercial and agricultural values, we re-
gard and treat any brand falling below the
yuaraut ec OF any element OF plant food us ''ue-
ticient." You. ignoranty or malici0usly. take
extracts from 4 tab!t' compiled III this way I"
show that "detcicnt' fertilizers are fraudu-
lent.
The impcrfcctions In the fertilizer laws have
been admitted and pointed cut and efforts
made 10 correct them. bnt uut:! I:lHt is done
the department o. agriculture eau only exc
cute such laws as exist.
At the risk Of again being charged with col.
luSlon with iic manufacturers. | will say
that, in my opinion, based upon official eXpe.
rirncc for the last ten years, The manufacturer
no uSiiDpTateii anu lllcItiOiiSlS
to de!raud the firmcrs is the exceptions: and,
further. believe that in every case where
this has been attempted it has failed of sue
cess because OF the departments supervision.
II yGu ki.ow anything 10 the contrary you
should state ID.
therefore challenge you to point 10 one in
stance where the farmers have been dcirauded
by inanuiucl urerS OF fertilizers where such
fraud was net published with all the power
that the department had at its com mnnd, and
dtmmnd that yon make good yonr charge or
retra CT it. y. l.. BUTLER,
Commissioner Of Agriculture.