The Washington times., 1902-07-15
Address Letter to Com
missioners Embodying
Their Demand
OBJECT TO INSPECTORS
Dealers, Jobbers. and Agents Recite
Grievances Against Recent Prosecu-
tions-Have Grave Doubt If Inspec-
tors Legally Hold Office.

The District Commissioners yesterday
afternoon received from the bakers.
dealers, jobbers, and agents OF flour,
communication in which the latter set
forth their grievances, against the pres
ent mode of applying the flour inspce-
tion law, and asking that = test case be
made in court, for the purpose of having
The Court of Appeals pass upon the law.
The following is 4 copy of the let
ter:
ITO the Honorable Commissioners of the
District of Columbia.
"Sirs: The undersigned bakers, deal
ers. jobhers, and agents Of -four mills
respectfully desire to call your atten-
tion to the -four inspection law of De-
cember q. 1898, and its amendment OF
May 26. 1900.
"Over 10 per cent of the flour shipped
TO this city comes in sacks of various
weights. The -four inspectors have
never branded -four coming in sacks tor
the reason, as declared by at least one
OF said inspectors, that 1t would take
too much time to bore into or open
each sack and inspect the same.
The Law Not Observed.
Section OF the act provides that all
-four in barrels. half barrels, or sacks
shall be subjected 10 inspection without
saying who shall have it done, and also
that IL the flour is found merchantablc
that every barrel or half barrel shall
be branded according TO the degree of
finehess Of the flour. but nothing is Irc~
vided as to the branding of -four in
sacks. except as provided In the last
sentence OF said section Z, where the
-four Is TO be found unmerchantablc. In.
which case every barrel. half barrel or
sack is to be branded
Section OF said act provides that the
Commissioners OF the District snail ap-
point for said District two inspectors OF
flour. who shall be competent judges Of
hcur; said inspectors to hold said Of
fees two years, unless sooner removed
by the said District Commissioners. In
accordance Herewith. flour inspectors
were appointed On January Il, 1899,
whose term of Office has therefore ex-
pired, and they have never been re-
appointed.
The law does not disclose an inten-
tion that the inspectors should be con-
tinued, and, as they have never been
reappointcd, a serious question pre-
sents itself, namely. whether there is
at present such an official as a flour
inspector under the said law.
Who Is to Pay the Penalties.
''The penalty clause, as amended by
the act of May &c, 1900, provides: And
flour not examined and branded by the
inspector as aforesaid, shall be sold
within the District of Columbia, under
fine of one dollar for each and every
barrel, half barrel, or sack, 10 be coll
lected as other fines and penalties are
collected The question arises, Who
shall pay the penalties-the miller, or
his agent, or the owner, or the pur-
chaser, be the purchaser dealer,
baker, or what not?
1T seems the -four inspectors are only
now, after the law as We are advised,
has expired beginning to prosecute un-
der IL for the purpose, as expressed by
enc of the inspectors, OF having the
court determine whether there are any
-four inspectors or not. Although we
admit the desirability of determining
this question, 1t should not be done BY a
large number of prosecutions, any one
of which might determine the question
When -four is shipped in small sacks.
as Ii is TO large extent, the inspector
says that he has no time TO inspect and
brand as provided by the law. yet prose-
cutions are begun because flour in sacks
is not branded involving to the persons
prosecuted not only large amount OF
money in defending themselves, but
also in large losses to their business.
which they arc compelled to neglect
while awaiting the trial OF their cases
in the Police Court.
Ask for a Test Case.
"In view of the defects of the law. as
herein attempted to be pointed ont, ana
the other uncertainties appearing on the
face thereof. we respectfully request
that n test case, or cases, Involving
these questions be selected as test
cases. and have them tried IN the fo-
lice CoUrt. for the purpose Of kayisg the
Court OF Appeals pass I-or .hc law. !
and tha;, !n the meantime, end unit. ,
Hueh tcst case, or cB.cs, are decided BY
tho Court OF Appeals the Prosecuting
Attorney .cr the District 60 instructed
Dot to begin any cfhc- prosecutions"
TIE communication - signed b. VII !
lirIn geidhaus. agent for James Oui-ie |
Shilling Company. Minneapolis, Mimi: |
ChGries Schneider. president Charles /
scEncitc= Baking Company: James H. /
Rays, manager FOR Wash5urn- Crosby /
Company. Minneapolis. Mimi. S A Gee (
agent; iiavenner Baking Company. The /
Bakers Association; Farnshaw & Lea (!
ry. Browning & Middleton. Boston Bak- !
ing Company, G.. II. SchuIze, Charles |
specht. Karl Hoffman,. u. Holzbierlein /,
Isaac Gutenberg. s. II Rogers & Co., 6. !
r Waters. y. II. shea, and others.
MINOR MUNICIPAL
MhTTEQC NC IMTCDECT