The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-09-23
NATHAN sIRAUS LET GO
Sentence Suspended on . Technical Conviction
for seiIIuE Impure NiIh.

Nathan Straus was convicted In Special See
sions yesterday Of selling milk below the stand
ard OF purity and strength prescribed by the
Board OF Health. The conviction was merely q
technical one, however, and in suspending SEN
tence Justice jerome, who was presiding. paid
Mr.. Stratus many compliments for good work
done in selling pure milk at moderate prices in
the tenement house districts. Mr.. Straus was
arrested on Aug. 81 on the complaint OF in
spectors Of the Board OF Health. who had seized
twenty quarts OF milk that were on sale at a
stand on the roof OF the Hebrew Institute. on
East Broadway. At the same time a girl stu
dent who had charge OF the stand, and who said
that she was Catherine krivulten. was also ar
rested. The two cases were called together in
court yesterday and pleas OF not guilty were en-
tered.
There is no wish on the part of tho Health
Department. said Lawyer Steinert, the cuun-
sci Tor the Board oil Health. " to cast any retec-
that he is doing on the east side, but it is the
duty OF the inspectors To look out for milk below
the parties responsible for Il. / viii say that
all the previous tests of Mr.. Strauss milk have
shown 1t to be tar above the legal standard. and
that In this case the deficiency was fractionally
small
Willis Holly, Mr.. Strauss secretary. said
that his was an exercise OF judicial discretion
in his och IL. but that he is none the less tech.
against the law. he holds that there is also
almost judicial discretion in the exercise OF the
vast powers OF the health authorities. and IN
sists that the sanitary interests OF the city
could best be served oy the exercise Of that dis
erection in connection with his work. HIS own
tests OF the milk he steril!Zes and distributes
were adopted in consultation with the health
authorities No milk has ever been sent out
from his main depot that did not exceed the
REQ OF the law under these tests.
He recognizes the value OF the inspection
made afterward at the various depots OF distri-
button by the health iasp ctors. and at the
slightest fntimation OF such a necessity would
change tho management OF any place where
trouble with the milk was indicated. But he
does not think be ought to be subject to arrest
slightly deficient. The Board OF Health has
enough discretion in the exercise Of its vast
powers. and should thus supplement- Nj. Strauss
efforts to I'm prove sanitary conditions and re-
duce the death rate. As IL II, Mr.. Straus 10
confronted with the constant danger OF being
arrested and classed with offenders against the
law. Incomplete reports OF the facts may be
The work with which he Is identified in the
minds OF the people is unfavorably Affected anu
the consequences 10 him personally are most
annoying. At one time yesterday he was de-
termined to close up the sterilized milk work
and the distribution OF the modified milk
products, SO far as this city Is concerned. He
did not intena TO stop his efforts 10 make the
ben dts OF PasteurizeG milk known, but To offer
his assistance TO any community whose officials
He changed his mind upon studying the figures
of the daily supply. They showed that more
than 500 babies in this city are using the milk.
1t would be dangerous II many cases TO change
their diet suddenly. He will continue the dis
tribution on that account"