The San Francisco call., 1897-03-12
THE CRUSADE
FOR PURE FOOD
First Legal Gun Fired in
Judge Campbell's
Court.
Demurrers Filed Against the
Complaints on Various
Grounds.
Able Arguments of Counsel for the
D ffersnt Defendants and for
the Prosecution.

Sade was nreQ IN Judge CampDell court
yesterday afternoon. There was an in
terested crowd in the courtroom, and the
arguments of counsel were listened to
with deep attention.
The defendants were represented by
able counsel. J. w. Dorsey appeared on
behalf OF Chris Nuhren berg, e1-Judge A.
A. Sanderson for j. Barclay Smith, Wal
}. Tuska for J. Levi, w. M. Sanderson for
A. Quade, and d. ]. Donovan for William
Cline. Assistant District Attorney Joseph
J. Dunno appeared as special prosecutor.
Or behalf of William Cline, who was
charged with selling an imitation OF rasp-
berry syrup. Attorney Donovan pleaded
not guilty and demanded jury.
The case was set for trial Monday after
noon.
Then came the legal fight. Attorney
Dorsey filed demurrer to the complaint
against Chris Nuremberg, who was
charged with selling brand OF condensed
milk containing a mixture of glucose, and
having one-tnird of butter-fat extracted
from it.
1t was alleged that the complaint was
defective on various grounds. There was
no allegation as TO whether the One-third
removed or the two-thirds remaining was
mixed with glucose or that the article
was in furious to health. 1t could not be
an offense if it was notinjurious to health.
There was no allegation that it was Of
fered for sale with 1.-THE intent to commit
an offense nor that it was offered for sale
as food, which was most essential.
After speaking at length on the various
points, Attorney Dorsey said that If there
was conviction the case would be ap-
nao ad to tho h 10 her cOurtS
Ex-Judge Sanderson filed three demur-
rers on behalf of J. Barclay Smith, who
was charged with selling TWO different
brands of condensed milk not having the
necessary fat and with selling honey
mixed with cane-sugar syrup. Regarding
| the milk, he contended that there was no
standard laid down in the adulterated
food act, and therefore there could be no
violation of the law. In regard to the
| honey. who mixed it with sugar cane
syrup? 1t was probably the bees them
| selves.
| Attorney Wal J. Tuska followed with q
demurrer on behalf of j. Levi whole
| sale merchant, who was charged with SELL
| ing ad ulterated food In the shape OF potted
meats. He took the ground that as the
cans came to the wholesaler hermetically
sealed, and he could not therefore know
| ingy be aware of the condition of the
contents, he could not be charged with
violating the law. The law provided that
a sample should be submitted for analysis,
but this had not been done. He ingeni-
| ously argued that different people had
different tastes in regard to meat, some
preferring the fresh and others when it
was "gamey," and who could say what
was and what was not tainted meat.
Attorney NJ. w. Sanderson submitted a
demurrer on behalf OF A. Quade. charged
| with selling evaporated cream which did
| not contain the necessary lDrrpdiepts He
| argued on similar lines to the others.
Assistant District Attorney Dunno re-
| piled to the arguments OF the attorneys
Tor the defendants. He pointed out that
| in different Sta.es there were laws similar
in character to the one here governing the
sale of aduiterated food and the courts
had laid down the law applicable to such
cases. In his opinion there were only two
! facts to he pToved-was there sale? and
| did they sell articles that were aduI-
terated? Unless the defendants could
show that there was no sale and tat if
there was a sale that the articles were not
adulterated there must be conviction.
In the case of food there were seven Of
fenses laid down, as follows: First, mix
ture, something mixed with an article
originally pure; second, substitution,
where ar inferior or cheaper substance is
substituted; third, abstraction, where q
valuable or necessary constituent, wholly
or In part, Is abStracted; fourth, ii an
imitation of another article is sold in the
name of another; fifth, where an article
! is sold which comes from source that is
putrid sixth, if an article is coated, pol
| ished, colored or powdered whereby it is
made to appear better than it really is
seventh, if an article of food contains
any ingredient which is INJURIOUS to
| health.
He would take the broad ground that
knowledge or lack of knowledge on the
part of the vender was q wholly false
quantity and cut no figure in the case be-
cause tue vender was bound at his peril to
| know that the articles he offers for sale
are not adulterated. He would even go
| further and contend that if the vender
was ah oiutely innocent he must be con-
vlcted because criminal intent was a false
quantity. Two defenses could only be
offered, either that they did not sell or
that the food was not adulterated.
Referring 10 the demurrers, he said that
| the most valuable point raised was that
the complaint did not allege 'being sold
es articles of food" Replying to that, he
cited a decision in the Ohio courts that
article was sold as human food.
| After further argument the Judge sug-
| gested that new complaints should be
drawn out that would be satisfactory to
the defense, but neither side was willing
to agree to the proposition and the Judg ge
said he would give his decision on the de-
murrers on Monday before the jury trial
in Cline's case was commenced. All the
other cases were continued till Monday.