The Birmingham age-herald., 1905-08-19
.FUQUA TRIAL WILL BE FINISHED TODAY Evidence Was All Completed Yesterday Afternoon ARGUMENTS COMMENCED Attorneys Present Different Sides of the Milk ouestion--city ordl-
 nances Are Quoted
 In Court.
ARGUMENTS COMMENCED

The trial of Fuqua Bros, dairymen, charged by City Milk Inspector Duncan with adulterating milk, was resumed in the police court yesterday morning at 10 o'clock Several witnesses were exam med on each side of the case, all being of the expert character, and the evil dence was concluded late in the after noon.
 The arguments in the case, however. presented a new line of thought on each side. City Attorney Ed Smith, who open ed the argument, recited sections fourteen and fifteen of the city ordinance prohibit ing the sale of adulterated milk and based his argument upon these sections. Sec ton fourteen reads:
 Be it further enacted that it shall be unlawful to add to milk intended for sale or barter in the city of Birmingham, or within the police jurisdiction thereof, any chalk, borax, salioylate of soda, ice. water or any other substance or fluid, and 1t shall be unlawful to sell barter or offer for sale or barter any milk which has been added to or adulterated, as afore- said,''
 Sf0itn . fAIHtHiSHtSs
 MT. Smith based his argument prin- cpally upon the violation by the defen- dants of this section of the ordinance He said the charter of the city author ized the city to prevent all offenses against peace, good order morals and the health of the city. He said 1t was against the good morals of the city to allow dairymen to sell milk that had been added to or adulterated, or, in other words. allow them to sell that for which the purchaser had not bargained
 The city. under it's charter, had right to pass such a law. MT. Smith argued, and 1t also had right to pass milk or dinance for the prohibition of the sale of impure or adulterated foods within the police jurisdiction of the city, and also to inspect all dairies in Jefferson county, the owners of which sold or in any manner disposed milk in the city. Under it's charter the city had the right to regulate such sales.
 The city attorney argued that inde- pendent of the claim of the defense, that boracic acid might be harmless, the ad- ding of 1t or any other substance what ever to milk, even for its preservation, was a violation of the city ordinance. Yet he added, the weight of standard authorities and the testimony of physi- clans examined in the case showed that boracic acid was an adulterant and the defendants should be convicted Argument of Defense.
 Frank S. White. for the defense, took the position that the expert testimony | failed to show that boracic acid was an adulterant In fact MT. White said, the testimony tended to show that boracic acid was as harmless as common salt. He said further that no physician in- troduced by the prosecution had been able to testify that boracic acid had any deleterious effect when taken in milk, ex- cept in the case of an infant which had by mistake, been given an over-large dose
 Mr White said that the people of Birmingham had to meet conditions here as they found them.
 "Mlk can be delivered to patrons but once a day" he stated. land this milk | IS sou IO tnOubdiub Ol ldiiiirS. ISNtl could we arrive at ideal milk conditions the majority of the people would be de- prived of such milk. The testimony has shown that such milk would cost 5( cents per day for an infant.
 Such children could cross the Atlantic to be cared for because their parents are able to take them on such voy- age but conditions here in Birmingham are different. Children here have to have mlllS-sweet milk, too, not sour milk, and milk can only be kept sweet by those who have plenty of ice. which all did not have, or by having a preservative in il to keep 1t sweet"
 Mir Whites argument was suspended by Judge Feagin, who adjourned court until 10 o'clock this morning. when the arguments will be concluded.
 Much interest is being taken in the case.