The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-03-02
THAT AEAI DECISION
Is Hardly Taken Seriously by
the Department.
INSPECTION TO CONTINUE
With Regrets That Boyer Was
Not Punished.

Washington, March lin speaking to-
day of the decision of United States Dis
trict Judge Rogers at Kansas City, in
which he held in effect that the present
system of government meat inspection
was unconstitutional, Attorney General
Griggs said that his advice to the agri-
cultural department officials would be to
continue the system as at present, until
all OF the facts in the case could be pre-
sented to the court. In the light of the
opinion itself the attorney general was
satisfied that the indictment failed to
bring out the important fact that the cat
tie slaughtered were purchased in the
west, and although the commodity took
another form. it was in fact transit TO
another market without the state and
therefore not only subject of interstate
commerce, but actually in the channels
of interstate commerce. The failure to
set out this fact in the Indictment, the at
torney general said, may have influenced
Judge Rogers opinion. In any evene, the
department will disregard the opinion for
the present at least.
Washington, March 1.-The decision of
Judge Rodgers at Fort Smith Arkansas,
yesterday holding the United States fed
eral government meat inspection law to be
Unconstitutional, apparently causes no
concern to the officials of the agricultural
department, under whose administration
the law is executed. They regard the
decision as one largely technical in char
acter, which will not affect the practical
operation OF the law when applied to the
inspection of meats intended for interstate
traffic or export to foreign countries.
Their chief regret in the matter appears
to be the failure to convict Boyer, of the
Dold Packing company, who was charged
with attempting to bride one of the meat
inspectors. 1t was the first case that
had been brought under the penal clause
of the statute and the officials had hoped
it would result in a conviction.
Secretary Wilson was about TO leave the
department for the cabinet meeting when
a reporter called his attention to the de-
cision. He said:
I'VE have known for some time what
the decision in the case would be but
did not feel at liberty to speak of it be-
fore it was rendered. The case being a
criminal one, the government has not the
right of appeal. as the constitution pro-
vides that no man shall be twice put in
jeopardy of life or limb. AS the matter
stands, we shall proceed to administer
the law just as if no decision had been
rendered"
Secretary Wilson then referred the re-
porter to DR.. Salmon, the chief of the bu-
reau of animal industry, who has direct
supervision of this branch of the service,
and who said:
THE decision I think is rather tech
nical and Judge Rodgers is probably
close constructionist of the law. We rely
on decisions of the United States supreme
court for authority to show that the gov
eminent has the right to inspect meats
intended for interstate shipment. The
intent of congress when it enacted this
legislation evidently was that the animal
was subject of interstate commerce
from the time it was shipped from the
state in which it was raised until reach
ing the destination for consumption
There is nothing for the department
to do in the case as it now stands. Ii
the meat is intended for domestic con-
sumption entirely within the limits of the
state then the United States authorities
can not insist on an inspection, but as
soon as it passes beyond the borders then
inspection will be necessary as this requi-
site is imposed by the requirements OF the
law. A large amount of our meats are
now exported to Europe. and foreign
countries will not accept them if not prop
erly tagged and branded with the inspec-
tors mark. Should the decision of Judge
l,x-f Ia TrO
prietors of the packing houses and they
should refuse 10 permit our inspectors 10
do their work as heretofore we shall when
shipments reach the state boundaries
simply refuse to give a certificate OF in