Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-10-30
The Scoville Case to Be Appeal
ed to Supreme Court by
Dairy Commissioner
DECISION IN sL'NkER CASE
Claim is Made That the District Courts
Decision is Not in Line With Opinion
Of Supreme court in Parallel Case
Inspection of the National Guard
Other News.
Special to T,mes-Republican.

Special to Times Republican.
De,s Moines, Oct. 30.-State Dairy
Commissioner H. r. Wright will likely
appeal to the supreme court the case
decided in the district court here the
other day on putting poison in milk.
The dairy commissioners office caus-
ed the arrest of dealer named Sco-
vile for putting formaldehyde in the
milk Technically the charge against
him was for selling milk that had
, fornlaldehyde in it. He was convicted
! in the justice court and fined S100 and
appealed to the district court where
Judge w. HI. McHenry ruled that the
state must prove that Scoville had act
ual knowledge that the poison was In
the milk before he sold 1t. There is
ruling OF the supreme court on just
such case from this county known
as the Slinker case, In which the SUI
preine court reversed Judge Bishop,
now member Of the supreme bench,
and held that the law as to the adul-
teration OF milk was drawn to protect
the public and that whether "a dealer
had knowledge of poison being in the
milk or not he was liable under the law
and should know the quality of the
milk he sold Judge McHenry ruled
against this decision and declared in
spite OF the supreme court ruling that
the state must prove actual knowledge
on the part OF the vendor that the pois-
khn n d,,1f a orot tod
Dairy Commissioners. Wright holds that,
under such ruling every milk dealer
In the state is free to adulterate his
milk all he wants to, and the public.
can have no protection whatever as
the vendor will swear on the stand
that he didn't know that the milk was
sadulterated and hence go free as it is
a very difficult task to prove, what
mar knows In the Polk county case
one witness swore that after the JUS
4tice trial Scoville told him that he
knew that the milk was poisoned, but
that he was too cute to be caught by
the courts. Scoville swore that he
had never said anything Of the kind
and his testimony balanced that OF the
/ other witness. s
! Coal tar dye seems to be very
/ fayorite article Of commerce IN the
matter Of foods according to MT. Pill
kipgton, editor of the Iowa Trade
| Journal, who is taking deep interest
| in the proposed pure food legislation.
Mr.. Pilkington is making q carefui
study Of the matter and in all ikeli-.
/ hood will appear before the committee
4 of the senate and house on the matter
of a bill. He is deeply In favor OF
legislation that will give the consumer
protection and says the RETAIL grocers
, OF the state generally are In favor OF
the same. realizing that bill that will
nrt,tect the public will also protect
them and further that they re Them
selves powerless without some law as
!, they cannot afford to have chemiesl
| ANALYSIS made Of every article tney
buy. Mr.. Pilkington has looked into
the, matter OF lemon extracts and ac-
co1ding to the chemical analysis made
by the Minnesota and Dakota pure
| fond depart1nents something like 20
! me-. cent or more of the lemon extracts
! that have been analysed IN rhe' past
few months contain coal tar dye ana
onlv q few of them contain a bare
trace Of lemon OIL. The great majority
contain, no lemon oil at all. Catsups
ARA about the same way though not
quite SO bad A very large per cent
of the catsups contain coal tar dye to
give them the coloring.
| Notwithstanding the statements OF
Congressman j. A. T. Hull and other
1 standpatters that there will be rate
iy1o
congress there are large number IN
this city who are skeptical Oh tne SUD
iect. They are afraid that the talk OF
legislation by such standpatters as
Hull and others that the move IS one
| to pass a mild useless bill that Will
4 not meet the needs Of the farmers OF
the west and be with a view OF quiet
| ing the sentiment in favor oI leglsla-
ton lby misleading the people into
thinking their grievance has been rem
edtied They do not seem to have any
doubts but that such course Wouid
ONLY hefghten the interest in the cam
paign of next year and make times
/; li'velier.
There was a conference in the Cover
ner's office this morning over the mat
ter of holding the annual nspection OF
1 the national guard Some years ago
when the state was younger there was
ABOUT one man only who was we'll quail
fled to make these annual inspections
and the only time in they year that he
could make them was in the winter
+ time. Since then the custom of maxi
ling the inspections in the winter time
tr,s followed down through the years
without any particular reason for 1T
and members of the guard CAIN many
reasons fer changing the time. Con-
seoue,ptly there was a conference today
over the matter OF changing, THE time
to the fall of the year. Members OF the
guard claim that it about bankrupts
tne companies to have the inspection