Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-01-17
SKINNED MILK LAW.
A Philadelphia Judge Maintains
That Taking the Cream Off
MAKES THE FLUID ADULTERATED.
The Statute Is Somewhat Indefinite and in
Need of lewiston.
DAIRY MEN WAGlyG A HOT FIGHT

PHILADELPHIA, Jan. 16.-Ia the Quar-
ter Sessions Court yesterday. Judge Arnold
handed down an interesting opinion refus-
ing a motion for a new trial and an arrest
of Judgment in the case of John J. Hough,
who was recently convicted of exposing for
sale and selling adulterated milk. He de-
fines skinned milk as an adul-
teration within the terms of the
act of the Pennsylvania Legislature,
1885, and among other things says:
Legislation for the protection of the peo-
pie from being imposed upon by impure,
unwholesome, adulterated, diluted or
skinned milk has been frequently adopted
in this State. Such legislation is quite
commeudable, but whether it has been
reasonable and consistent is not free from
doubt
The various acts are reviewed, after
which the Court continues: "In the pres
ent case the defendant has been indicted,
first, for adulterating milk; second. for ex-
posing for sale or exchange adulterated or
wholesome milk; and third, with selling
and exchanging the same.
No Doubt About the Skimming.
"Evidence for the Commonwealth was
that the milk was diluted with water to the
extent of 7.26 per cent, and that it contained
only 10. y Of milk solids and 1.91 per cent
of fat; while witness for the defendant,
who was employed to sell it, testified that
he had skinned the milk in obedience to
instruction from the defendant.
"it Is now contended that the defendant
cannot be held for selling adulterated milk
on the admission of his employe' that he
sold SKINNED milk, while the District At
torney contends that skinned milk is adul-
terated milk. Upon the motion for q new
trial was not convinced that the convic-
tion was not right. The witness for the de-
fendant, his employe, admitted that he
had SKINNED the milk and said he skinned
it by direction of the defendant. He was
engaged in selling it from unmarked cans.
if the employe violated the law in one re-
spec' by direction of his emoloyer, he vio-
lated it in another and watered the milk by
the same authority.
Revision Deemed Eighty Necessary
sIt must be admitted that the act of1s7S
seems deficient in not making it clear that a
defendant may be discharged on payment of
the fine and costs within Is DAYS, but we ap-
prehend no difficulty will arise in such
case; at least, it has not arisen here. If the
defendent does not pay, or is not able to
pay when he is sentenced, and has to go 20
prison, it is likely he will serve out his
term and be discharged as poor debtor.
GAS before said, this legislation is COM
mendable. 1t is intended to protect the
health of the people, and therefore it ought
not to be set aside except for overpowering
reasons 1t is manifest, however, that it is
not altogether consistent, but it is confus-
ing, especially that part which declares that
milk containing less that 121% per cent
of milk solids shall be deemed to be
adulterated. The double penalties inflicted
by the act of 1888 are also confusing, and
make it difficult for judge to give the act
a sensible application. It would be we'll if
the whole subject were revised bv person
who comprehends the subject. The motion
in arrest of Judgment is overruled.'
The defendant, Hough, was then fined
S25 and costs.
Fight Agninst the Dealers.
The Dairymen's Protection Association,
of the North Penn Railroad and its
branches, have begun determined battle
the milk trade. The association considered
the subject of rates soon after its
formation, which took place last
September, and decided that dealers who
would not pay Az cents quart for Decem-
Der milk would not be supplied thereafter
bv members of the association. The
freight on the milk is about one
half cent per quart, leaving 4 cents net.
The retailers got cents. Most of the deal
ers paid the stipulated rate, but some of
the biggest have not done so, and their sup
plies have been stopped. These dealers
have consequently been obliged to get their
supplies from New York and other places.
The dairymen say dealers as rule have
the advantage which comes from buving
from the farmer at dry measure and selling
to the housewife at liquid measure. Thus,
a dealer buying 120 quarts of milk at dry
measure sells about 146 quarts at liquid
measure. But the dealer, on the other
hand says that custom has made an 'extra /
Dip almost the rule. and that housewives
always look for it, after they have got the
measure that they ask for.