The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-08-13
HOME ABOUT READY MILK DEALER WINS
VICTORY FOR THOSE WHO WA
TER MILK.
Milk That Is Not over 30 Per Cent
Water May BE Served Without Fear
of Prosecution.

Milk dealers who serve milk that is
not over 80 per cent water are safe
from prosecution, under a ruling given
this morning in the Circuit Court i'm
the case of Nishimoto, who was on
trial for selling adulterated milk.
Judge Gear directed a verdict of ac-
quittal On the ground that the testi-
mony showed the milk to be 1919 per
cent water and Dr.. Shorey, Food Com
missioner, admitted that milk might
be as weak at 80 per cent, though he
had never found any.
Nishimoto sold ten cents worth of
milk to DR.. ShOrey and Assistant
Myhre. On analysing the milk, Shorey
found it to contain more water than he
thought it should, and he arrested the
milkman. The case fell through when
Century dictionary was produced by
Brooks for the defense. containing a
definition of milk in which the per-
centage of water was placed at from
so to &c. and Dr. Shorey said he would
not contradict such an authority as
the Century dictionary.
Il have read hundreds of analyses
Of milk and have examined the product
of many cows personally, especially in
Hawaii" said DR.. Shorey, on the
stand, but l have never seen or heard
of a COW giving milk that was 80 per
cent water. The lowest standard as
1 have found it is $50 per cent. If
there is more water than that l con-
clude that it has been added"
DR.. Shorey said that the standard
was fixed by himself, being the weak
est pure milk he had ever seen. He
was sure that the milk of Shimamoto
had been watered.
When the Century dictionary was
sprung on the doctor, he said he was
still confident that $50 was the lowest
He would not contradict the diction-
airy, as a general proposition" be-
cause its definition might include 9TH
er than cows milk. In reply to a ques
ton from Juror Foster he said that
the milk in Hawaii was of about the
same quality as on the Mainland.
Brooks moved for ansinstructed YER
dict, on the ground that it had not
been shown then that the milk was
adulterated, that no sale had been
proved, and it had not been shown
that the defendant ever claimed to be
selling pure cows milk.
Judge Gear granted the motion. He
said he had always been severe in his
sentences OF adulterers of milk, and
proposed to continue to be, but if Shi-
mamOto We're found guilty the verdict
the Doctors admissions that the Cen
fury dictionary represented the con-
sensus of expert opinions as to the
quality of milk. The jury was in
structed to acquit the defendant.
The ruling of the court puts a new
phase on DR.. ShOrey's work in prose-
cutting milkmen. Pie doctor declares
that any milk that is over $50 per cent
of water has been adulterated, but I'M
! der the rule established it may run up
! to 80 per cent without giving cause for
| prosecution. This will add greatly to
/ the difficulty of enforcing the law, as
a considerable adulteration is neces-
sary to make the milk over 30 per cent
OF water, and less adulteration may be
practiced without danger.
| In every state there is a law on the
subject said DR.. Shorey. and none
| of them place the standard of lowest
| allowable quality at over IS per cent
/ water"