Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-07-14
BAKERS TO MAKE TEST
FLOUR INSPECTION LAW CALLED
IN QUESTION.

All the large baking firms of the city. to-
gether with prominent dealers in flour. job
bers and agents of flour mills I'm the CITY,
nave submitted a statement and petition to
the District Commissioners on the subject
OF the flour inspection law OF December u,
1873, and It's amendment of May %. 1900.
The bakers and flour dealers ask for relief
from certain features Of the law and de-
clare the terms Of the -four inspectors In
office expired more than a year ago They
say, in part:
'"Over 15 per cent of the flour shipped 10
this city comes in sacks of various weights
The flour inspectors have never branded
flour coming in sacks. Section 81 the act
provides that all -four in barrels, half-bar-
rels or sacks shall be subject to inspec-
ton, without saying who shall have il
done; and also that If the flour IS found
merchantable, every barrel or half barrel
shall be branded according to the degree OF
the fineness of the -four. but nothing is pro-
vided as to the branding Of -four in sacks
except as provided in the last sentence of
said section g. where the flour is found TO be
understandable. n which case every bar
REL half-barrel or sack is TO be branded
Section l of the act provides that the
commissioners of the District shall appoint
two inspectors Of -four who shall be COM
petent judges of -four, the inspectors TO hold
office for two years, unless sooner removed
by the Commissioners. In accordance there
with -four inspectors were appointed Jam
uary IL, 1899 whose terms of Office have
therefore terminated. and they have never
been reapponted.
THE law does not disclose an intention
that the same should be continuous and as
the flour inspectors were never reappointed
a serious question presents itself to wit:
Whether or not there is at present such an
official as flour inspector under said law.
The Penalty Clause.
THE penalty clause. amended by the
act of May 20. 1890. provides: And no bar
rel, half barrel or sack of -four not exam
ined and branded by the inspector as afore-
said shall be sold within the District under
fine of 81 for each and every barrel. half
barrel or sack. to be collected other fines
and penalties are collected and the ques-
ton arises who shall pay the penalties, the
miller or his agent or the owner or the pur-
chaser. be the purchaser a dealer. baker
or what not?
when flour is shipped in small sacks, as
1t is to a large extent. the inspector says
he has not the time to inspect and brand as
provided by the law, yet prosecutions are
begun because flour in sacks is not brand
ed. involving the persons prosecuted not
only in a large outlay of money In defend
ing themselves. but also in large losses to
their business. which they are compelled to
neglect. awaiting the trial OF their cases IN
the Police Court.
"In view OF the defects in the law. as
have herein been pointed out and other un-
certainties appearing on the face thereof,
We respectfully request that case or cases
involving these questions be selected as test
cases and have them tried In the Police
Court for the purpose OF having the Court
of Appeals pass upon las law, and that IN
the meantime and until such test cases are
decided by the Court OF Appeals the pros
ecuting attorney for the District be In
structed not to begin proescutiouA"