Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-01-05
ALLEGED VIOLATION OF LAW
Sales of Adulterated Food Charged in Three
Cases.
One Defendant Fined and Two Cases
Observation-Disclosures of the
Statutes Quoted.

Three cases of alleged violations of the
pure food law were called to the attention
of Judge Kimball in the Police Court to-
day. In one Harry w. Bowling was charg
ed with the sale of mustard adulterated
with flour. Attorney Mattingiy, for the de-
PENDANT said he would enter a plea of not
guilty. He said Mr.. Bowling had bought
the mustard for the genuine article, but he
presumed the analysis showed an adultera-
ton. The case, he said, was similar to
those in which personal bonds We're taken
a few days ago, and he hoped the court
would make such a disposition of this case.
Judge Kimball informed the attorney that
he was not the judge who took personal
bonds and imposed a so fine.
Francis Lee. the colored man who was
arrested yesterday a charge of selling
oleomargarine for pure butter, was ar
raigned today. He was defended by Attor-
ney Darlington, who demanded a jury trial
In the case of James O. Turner, charged
with the sale of oleomargarine for butter,
continuance until next Tuesday was
granted.
Provisions of the LAW.
The law under which the food cases are
being prosecuted provides that no person
shall, within the District of Columbia, by
himself or by his servant or agent, or as
the servant or agent of any other person,
sell, exchange, or deliver, or have in his
custody or possession with the intent to
sell or e2 change, or expose or offer for sale
or exchange, any article of food or drug
which is adulterated within the meaning of
this act.
Under the second section of the law the
terms drug" and food are defined. This
section says: That the term drug" as used
in this act, shall include all medicines for
external or internal use, antiseptics, dis
.F+s ..Y,Ir
as used herein, shall include confectionery,
condime nts and all articles used for food
or drink by man, and if there be more than
one quality of any article of food or drug
known by the same name the best quality
thereof shall be furnished TO the purchaser,
unless ne otherwise requests at the time of
making such purchase, or unless he be
notified at such time of the inferior quality
of the article delivered.
Nature of the Offense.
All the pending prosecutions are for the
sales of alleged food authorizations. The
law defines what is meant by authorizations
and provides that offense shall not be
deemed tc be committed under the law in
the following cases: that is to say, first,
where the order calls for an article of food
drug inferior to such standard, or where
such difference is made known by being
plainly written or printed on the package;
second, where the article of food or drug
Is HnlNtu WITH any matter VI lnSIeuleHl not
injurious to health and not intended fraud
ulently to increase its bulk, weight or meas
ure or conceal its inferior quality, if at the
time such article is delivered to the pur-
chaser it is made known to him that such
article of food or drug is so mixed.
Prof. Hird's Opinion.
Prof. Hird of the health department,
speaking to a Star reporter today, said
there had been a big improvement in the
quality of certain articles sold in this city
since the prosecutions in court several
months ago While it is true that there are
a number of cases pending, he said fully 10
per cent of the samples analysed proved
that the articles were pure. On the occa-
sion of the former investigation the result
was that about 10 per cent of the samples
We're adulterated.