Evening star., 1900-04-26
Consideration of House Resolution
Postponed.
MINORITY REPORT PREPARED
Reasons Given Why 1t Should
Be Adopted.
PUBLIC ENTITLED TO KNOW


luton of inquiry in the House was post
poned until tomorrow at the request of a
member of the committee who desired to
be absent today
The minority report on the resolution has
been prepared and is signed by Mr. Dollver
and Mr.. Tawney. The report is as follows:
Minority Report.
We the undersigned members of the COM
mittee On ways and means, dissent from
the views of the majority submitted in re-
spect to the resolution No. 229 and submit
the following as our reasons therefor:
This resolution calls for and is limited to
information concerning the amount and
character of the material used in the manu-
facture of oleomargarine as shown by the
returns filed by the manufacturers of oleo-
margarine with the commissioner of inter
nal revenue. This information is filed in ac-
cordance ., with the provisions of an act en-
utied An act defining butter and regulat-
ing the manufacture, sale, importation and
expectation of oleomargarine.'
The only objection urged by the ma jority
to the passage of this resolution is that
under section 3167 of the Revised Statutes
the Secretary of the Treasury cannot fur
nish this information without subjecting
himself to the penalties imposed by that
ton is as follows:
IF any collector, deputy collector or any
inspector other officer acting under the
authority of any revenue law of the United
states, dlVuiges to any party or makes
known in any other manner than may be
provided by law the operation. style of
work or apparatus of any manufacturer or
producer visited by him in the discharge
OF his official duties he shall be subject to
a flne of not exceeding $1,000 to be i'm
prlsoned for not exceeding one year, OF
both, at the discretion of the court, and
shall be dismissed from office and shall be
Hoo
under the government
No Prohibition
A mere casual reading of this section
shows that 1t has no relation whatever to
information filed with the commissioner OF
internal revenue or the Secretary of tne
Treasury in accordance with the express
requirement of law. 1t relates solely anS
alone to information concerning the opera
uons, style of work or apparatus of any
manufacturer or producer obtained by a
collector or deputy collector of internal
revenue or any inspector or other officer
upon visiting such manufacturer or pro-
ducer in the discharge of his official duties
1t has no reference whatever to any other
of11cers or to any other information than
that which is obtained in the manner speci-
fled in the statute-that is by the personal
visitation of the officer.
The Secretary of the Treasury is not
therefore, prohibited from giving to this
House the Information which the law.
known as the oleomargarine act expressly
provides shall be filed with him. or with
the commissioner of internal revenue. in
respect TO the character and amount of
materials used in the manufacture of this
alleged food product. The statute relied
upon by the majority coEtemplateS nothing
OF the kind. 1t is simply ridiculous to claim
that 1t does, for that claim can only be sus-
tanned by saying in effect that the govern
mont mas licensed person or company for
a Yr1 n nj fnntr of 1IrSl
has imposed a tax upon that product, and
IN the interest of the public health has
required that person or company to make
monthly returns to the commissioner of in
ternal revenue showing the character and
quantity of the ingredients used for that
purpose. But, Notwithstanding all this it
shall not be within the power of either
house of Congress to obtain this informa-
ton, either for the benefit OF the public
health or for the purpose of enacting or
amending existing legislation respecting the
manufacture of this so-called food product
Manufacturers Declined Information.
There are now pending before two COM
mittees of this House bills in relation to the
manufacture and sale of oleomargarine.
Hearings are being held by the committee
on agriculture: When the manufacturers
of oleomargarine appeared before that COM
mittee and were asked what materials were
used by them in the manufacture of their
product they evaded the question and de-
clined to give information as to the charac-
ter of all the materials or the proportions
thereof.
The act known as the oleomargarine act
clearly intended that the character of the
materials used in the manufacture OF oleo-
margarine should at all times be accessible
to the public, and for the reason that the
public health demands it. To hold other
wise, In respect to an artificial food product
manufactured under surveillance of the
government, would be monstrous PROPOSE
ton Congress, by the passage of this act
not only expressly required these manu-
featuring establishments to make return of
these materials but it also authorized the
commissioner of internal revenue to de
eide whether any substance made in irni-
tation or semblance of butter and intended
for human consumption, contains ingredi-
ents deleterious to the public health: but in
case OF doubt or contest his decisions in
this class of cases may be appealed from
to board hereby constituted for that pur-
pose and composed of the surgeon general
OF the army, the surgeon general of the
navy and the commissioner of agriculture,
and the decisions of this board shall be
final in the premises
Intention of Congress.
If it was the intention of Congress that
these returns should be made to the COM
missioner Of internal revenue and kept Sc
cret, so that the public should not know
what material was used in the manufacture
of this product intended for human con-
sumption, it certainly would not have IN
corporated a provision, in this same law,
creating a tribunal for the determination of
the question of whether or not such ma
terials, or any of them, were deleterious to
health, for hearing before this tribunal
would necessarily be a public hearing at
which all the evidence and all the informa-
ton concerning the subject matter of the
investigation would be made public.
For these reasons We are constrained to
respectfully differ with our colleagues on
the question of whether or not this House
and the public are entitled to know the
quantity and character of the ingredients
used by the manufacturers of oleomargarine
in the production of a product intended for
human consumption. The anxious solici-
tude of the majority for the trade secrets
of the manufacturers of oleomargarine and
for the Secretary of the Treasury Is wholly
unnecessary. The former are capable Of
protecting themselves and the latter will
not reply to the inquiry contained in this
resolution unless in his Judgment, and in
the judgment of his legal advisers he can
do SO without mourning the penalties i'm
posed by the statute relied upon by the
majority.
We, therefore, respectfully recommend
that the report of the majority be not
adopted and that the resolution be passed