The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-03-23
CONVICTED OF SELLING.
ALUM BAKING POWDER.
Judge Clark Assessed -Four 500
Fines in Pure. Food Cases,
DEFENDANTS ARE RETAILERS.
The Decision Declares that Commercial
Alum Was Contained in the Powders
Soid-Other Cases.
St Louis Republic.

st. Louis Republic
The alum baking powder cases were de-
cided In the court Of criminal correction
Monday morning by Judge Clark. The YER
diet IN the case of the Great Western Tea
and Coffee Company. No. 10 Franklin ave
nue., was guilty Of the sale of baking
powders containing alum In violation OF
the pure food laws of Missouri The
fine assessed by Judge Clark was 500. :.
ny agreement between counsel, +. y
Judson and 5. s. Bass for the State aud /.
B. Harvey for the defense the verdict 10
this case Is to apply also to three others
They are b. Wolterlng, j. G. Faust and J.
Z. Paule, charged with selling Bon Bon,
Raiser and Blossom baking powders con
tanning alum. Five other cases on which
the testimony would have been the same
were nolle pressed by the state at The
conclusion OF the trials last week. This
was done In order that the retail dealers
should not be given too great iuconye-
nlence, as tho intention Of the attorneys
for the state was TO get conviction and
demonstrate thereby the validity OF the
states pure food law, which interdicS
the use OF alum In all food products In
this state on the ground that It is a dele
health OF the public. This is the second
time that the pure food law has been vim
dicated in Missouri in reference TO the
sale Of poisonous baking powders. In the
other case, that of the State VS.. whitney
Layton, now Of East st. Louis, the de.
PENDANT was convicted as n manufacturer
OF making and selling alum baking powder
A fine OF 500 was assessed. Ihc case was
appealed by Layton to the supreme court
Of the State. The supreme court banded
down decision In the case that affirmed
the findings OF the lower court on the
ground that the legislature had right to
protect the health of the public by proper
police laws, and that, as alum had been
declared in the English courts and In other
foreign countries to be an improper and
unhealthy ingredient in food, the law was
undoubtedly valid. The supreme court also
referred TO the fact that baking powders
and other food products containing alum
were excluded from the Commissary ration
OF the armies OF the United States and Of
Great Britain, another point showing 1t TO
be under the ban Of suspicion as sub
stance dangerous to the public health
The manufacturers OF the alum baking
powder have made hard fight to con
time their sales in this State. The law
powde, was passed by the legislature in
lS0S. The first case, rhat OF Layton, came
up In 1888, While II was pending IN the
supreme court In 1901. IA determined effort
islntuI, then in session. The bin was re-
ported from the senate committee uufavOr
ably and in language that stamped alum
as one OF the most dangerous OF ingrc
dents used in food.
The senate committees report also took
n ding at the powerful lobby that was
maintained at Jefferson City by the SO
called alum baking powder trust The re-
port gave the names Of the various manu-
facturers in the United states, a long list
Of them, who comprised this trust senator
James Orchard was the chairman Of this
committee and Il was TO his efforts aud
those Of his fellow committeeman that
tho failure Of the bill was due
In Judge ClarE'S opinion in the present
cases he stated that the defense had
shown through eminent chemists that their
baking powder was made with c. T. $
or cream tartar substitute. The chemical
cou ponents of this substance, as shown 10y
the defense were agreed to oy tue eminent
chemists for the State, VINO positive Is as
serted that they constituted burnt alum 70
In othel words. Judge Clark's decision
was that {. 7. : was, In effect, commercial
alum aud therefore It's use was a yiola,
ton Of the pure food law Of the state It's
use under some other name than alum
which Il IS, can NOT eXempt either the
manufacturer or the vender from prnsrcu-
tion and conviction under o broad law
framed for the purpose Of protecting the
health of he public from the use of alum
or ether substances of delatertOus and
dangerous character.
MI Judsnn, counsel for Ne STATE. stated
Monday that 10 was the intention 10 con
Unuc the prosecutions I'm Missouri n drnl-
erS who continued 10 sell baking powders
which were made with alum o. e. T. s
Time viii be allowed for the present deci-
sion OF Judge Clark 10 become Known. and
n cases of violation Of the law are then
found manufacturers and wholesale grocers
VII De crested wherever evidence is OBJ
tanned against them of sucn sale.