The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-03-17
Heavy Penalty For Selling Alum
Baking Powder.
Assessed Four 500 Fines in
Pure Food Cases.
RETAILERS ARE FINED.
Decision Against These POwd-
ers by Judge Clark
Shows Commercial Alum to
Have Been Used.
[From the st. Louis Republic.l


The alum baking powder cases were
decided in the court of criminal correc-
ton Monday morning by Judge Clark.
The verdict in the case of the Great
Western Tea and Coffee company, 720
Franklin avenue, was guilty of the sale
of baking powders containing alum in
violation of the pure food laws of Mis-
souri," The fine assessed by Judge
Clark was 500.
Judson and S. s. Bass for the state and
T. B. Harvey for the defense, the YER
diet in this case is to apply also to three
others. They are b. Woltering, j. e.
Faust and J. E Paule, charged with
selling Bon Bon, Raiser and Blossom
baking powders containing alum. Five
other cases on which the testimony
would have been the same were nolie
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 inconvenience,
as the intention of the attorneys for the
state was to get a conviction and dem
onStrate thereby the validity of the
states pure food law, which interdicts
the use of alum in all food products In
this state on the ground that it is a
deleterious substance and dangerous to
the health of the public. This is the
second time that the pure food law has
been indicated in Missouri in reference
to the sale of poisonous baking powders.
In the other case, that of the state
versus Whitney Layton, now of East
st. Louis, the defendant was convicted
as manufacturer of making and SELL
ing alum baking powder. A fine of $500
was assessed. The case was appealed
by Layton to the supreme court of the
state. The supreme court handed down
decision in the case that affirmed the
finding of the lower court on the ground
that the legislature had a right to pro-
tect 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 inn
proper and unhealthy ingredient in food
the law was undoubtedly valid. The SUI
preme 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
it to be under the ban of suspicion as
a substance dangerous to- the public
health.
The manufacturers of the alum bak-
ing powder have made a hard fight to
continue their sales in this state. The
law that prohibits the sale of the alum
baking powder was passed by the leg
Layton, came up in 1899. While it was
pending in the supreme court in-1901.
determined effort was made to repeal
the law before the legislature then in
session. The bill was reported from the
senate committee unfavorably and in
language that stamped alum as one of
in food.
The senate committees report also
took a fling at the powerful lobby that
was maintained at Jefferson City by the
so-called alum baking powder trust.
The report gave the names of the var
ious manufacturers in the United States,
a long list of them, who comprised this
trust Senator James Orchard was the
chairman of this committee and it was
to his efforts and those of his fellow
committeeman that the failure of the
bill was due.
In Judge Clark's opinion in the pres
ent cases, he stated that the defense
had shown through eminent chemists
that their baking powder was made
with G. 7. s or cream tartar substitute.
The chemical components of this sub
stance, as shown by the defense, were
agreed to by the eminent chemists for
the state, who positively asserted that
they constituted burnt alum" In
other words, Judge Clark's decision was
that c. T. S. was. in effect, commercial
alum, and therefore it's use was a viola
ton of the pure food law of the state.
Its use under some other name than
alum, which it is, cannot exempt either
the manufacturer or the vender from
prosecution and conviction under e
broad law framed for the purpose of
protecting the health of the public from
the use of alum or other substances of
a deleterious and dangerous character.
Mr.. Judson, counsel for the state,
stated Monday that it was the intention
to continue the prosecutions in Missouri
of dealers who continued to sell baking
powders which were made with alum
or C. T. S. Time will be allowed for
the present decision of Judge Clark to
become known, and if cases of violation
of the law are then found manufac-
turers and wholesale grocers will be ar
rested wherever evidence is obtained
against them of such sale.