New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-04-28
DANGER IN THE BILL.
MrpcANTu.E EXCHANGE PROTESTS
AGAINST THE SAUNDERS MEASURE.
THE MEMBERS SAY 1T is TO PROTECT THE DEAL
rRs WHO SELL. ADULTERATED MILK AND
Or.EOMARGARINE AND SHOULD
NEVER BECOME A LAW.


NEVER BECOME LAW.
Members of the Mercantile Exchange in TINS Guy
are protesting against bill which was intronucea
,r,o ,ha T legislature by Assemblyman Saunders ard
was passed by the Assembly quickly and easily
as II II had been CREASED. 1t is entitled An Act u
amend the agricultural law, In relation 10 '''e e'
dence OF violations thereof. and every Iar"ei VI
the State would protesting against 1t II us c"a'
acter had been made known earlier Honest com
mission men in the city who have learned so'hetn'ns
about the bill have declared that Is INTENDED 10
nrotect the dealers who sell adulterated mlk ana
the dealers In oleoma rgarne against the srinse"'
provisions OF the agricultural law some OF the"
have expressed their suspicion that bribery mas oee
regorted to 10 get the BIZ through the LEGISLATURE
Several OF the commission men who talked WIN i
renorter of The Tribune yesterday about the Dill
said that they were satisfied Of It's bad character
and they were unanimous IN advising the reporter
to talk with b. +. Van Valkenburgn me AssS'aht
Commissioner OF Agriculture. who is memoer Vi
the Mercantile Exchange and a commission mer-
chant at No 2SS Greenwich-st. 60 see MI an
valkenburgh." they said. He knows all about inc
bill and what he says you can depend on
Mr.. Van Valkenburgh. when the reporter sa" h''"'
promptly called attention to the fact tnat the Sc
tors OF the law on which the enforcement OF the
provisions against the sale Of aduterated mix ana
adutcrated milk products mainly depend had oeeh
tnkered BY the "amendments as 20 make them
OF no value In Section No. I. which deals with the
evidence to be obtained against person who sens
aduterated milk. etc. there would be Inserted py
the bill the clause except as provided by Section
o." and 10 Section q is tackled a provision allowing
a cuprlt to plead the absence Of criminal intent
when he Is caught selling adulterated stuff
Section = as It now stands. declares that the do
ing OF anything prohibited In the chapter shall be
evidence Of the violation and that the intent Is I'M
material in any prosecution for a violation Of the
provisions Of the chapter. The section also contains
this stringent provision:
ANY person who suffers permits allows any
vlolatl ton OF the provisions OF this chapter by his
agen, or servant or In any room or building occu-
pied or controlled by him. shall b. deemed prnci-
pal in such violation and liable accordingly"
Mr. Van Vakenburgh said that IL had been nscos-
sary have such stringent provisions IN the law IN
order to have the law enforced. Before those pro-
visions were inserted, offending persons were con-
stantly pleading the baby act and escaping punish
ment Under those provisions 1t has been possible
10 enforce the law ard prevent the sale OF aduter-
ated milk and the sale OF oeomargarlne for butter
to great ext"nt.
Section o. as It now rea Is conta ms this important
provision for the public safety: NO person shall
sell or exchange. offer expose for sale or ex-
change any unclean, impure unhealthy. adulter-
ated unwhoesome milk or any cream from the
same or sell or exchange offer expose for sale
or exchange. any article Of food made from such
milk OF or from cream from the same. or manu-
same. any article OF food
The bin OF Assemb,yman Saunders would tack on
to the section the following: The doing OF anything
prohibited BY this section shall be presumptive evil
dcnce OF the violation thereof but such presumpt ion
may be overcome by proof on the part OF defendant
o. The absence OF criminal intent"
This simply means said Mr. Van Nalkenburgh.
that there could be conviction OF n dealer In
adulterated mix or OF a dea.er who sells oleomar-
poriuni,y for a farmer who was caught taking
watered SKINNED milk to market to plead abb
Of criminal intent. but In the case OF every
creamery and mddleman who was caught
handling aduterated milk he could simply swear
that he did not know the milk was adulterated and
would be impossible for the prosecution TO prove
the criminal Intent. II would be impossible. also. 10
convict persons for putting boracic acd in milk for
Gus on account OF the effect II has the human
system. but there are many dealers who would take
the risk OF using IL 10 the cost OF Ice In trans
porting milk and keeping the milk from getting sour
the way 10 the city N they could plead absence
OF criminal Intent
How does an amendment to the law regulating
the sale OF milk affect the improper sale OF oleo-
margarine Mr.. Van Nakenburgh was asked.
plead absence OF criminal Intent In milk case
he make the same plea In an oeomarRarinc
case | believe that the olcomargarine people are
behind the biz. They trying to obtain under
openly They probably would pay a quarter of a
million OF dollars for the passage OF such bill.
and | have heard some talk about money being
offered Some OF the members of the Legislature
bill appear 20 be unwilling 10 make a move. have
learned that another bill exactly like the Assembly
bill has been introduced into the Senate. so that
whichever bill passed first there might be motion
a committee Of the Legislature which might be OPP
posed TO IT.