New-York tribune., 1905-04-10
AGAINST ADULTERATION.
Senator Heyburn's Fight for Pare
Food Legislation.
IFRoN THE Tribune BUREAu.l


washington, April 9.-Senator Hepburn. who made
such a valiant fight for the Pure Food bin in the
last Congress and whose most persistent efforts
were invariably accompanied by a courtesy and
good nature which won for him the respect of his
colleagues. viii renew the contest next autumn
with materially increased prospects Of success. The
McCumber Pure Food bin. for the passage OF which
Senator Hepburn strove during the recent Con-
gross. came 10 him by inheritance when he was
elected chairman OF the Committee on Manufact-
ures. and. although unwilling to criticise the work
OF his predecessors. the Senator will redraft the
measure ia the recess. bearing in mind every tan
gibe objection raised and seeking 10 eliminate every
cause for reasonable opposition. and then viii make
q determined contest for the new measure on the
floor OF the Senate. He does hesitate declare
now that his efforts VIII meet with success.
The necessity Of federal pure food bill Is al
most obvious said Senator Hepburn to-day. 70 a
representative OF The Tribune. Every State, save
perhaps one in the Union. has adopted more or less
efficient legislation Of this character and the pre-
venton Of the manufacture and sale OF misbranded
or aduterate5 drugs. foods and liquors would be
complete. II not for the 'unbroken package
decisions % the Supreme Court; under which one
State Is practically powerless against the importa-
zion OF this class OF goods from another The fact
that the various State legislatures have adopted
pure food bills demonstrates that the people are
alye the necessity Of such legislation ana the
one Ink nccc sary TO perfect the chain is federal
bin which will cover interstate commerce. over
which the States can exercise no Jurisdiction With
an efficient federal pure food bill the statutes the
manufacture and sale spurious articles intended
for human consumption would be rendered inlpos-
sible or unproh able. and the energy now devoted
70 this industry would be turned into lines more
worthy II less profitable while human health
would be immeasurably conserved and the weak.
the children and the sick wonld be saved from the
-s-ni-ious sometimes fatal effect OF adulterated
or attcnuated drugs and unsound and unhealthful
food.
Under existing conditions the States can. and in
,s~l DrNQf
their citizens from the manufacture OF spurious
-oo5s within their own borders, and from tie s2-e
OF Goods 80 manufactured, but the so-c2ed oIlSl-
-sl Dackage' holding Of the Supreme Court renders
II impossible for them eTectualy TO protect their
citizens AGAINST impure foods and food products
manufactured in sister states"
Have you received assurances from senate lead
ers which lead 10 your confident prediction that the
bill viii mass next session." was asked.
i have. There may be some who have not COM
rnitted themselves bur there are number who
have The fact is that the Senate has not seriously
considered the bin thus far. and many Senator's
had NOT even read il wnen hey offered objections
against its provisions. THIS latter condition IS one
which believe viii be remc5ied next year.
How about tile contention Of Senator Q. Il. Platt
that would DC unjust 10 punish the innocent
vender Of an aduterated or misbranded article:
Senator Plat has been TOO busy 10 give the oI!
close attention, and had overlooked certain pro-
visions which answered his contention"
MEANS NOT UNCONSTITUTIONAL
What Of The claim that the measure is unconsti-
rutiona-that it stretches. beyond all intention Of
the trainers Of the Constitution the scope OF THAI
provision which authorizes Congress TO regulate
commerce between the StaJes?'
There IS absolutely nothing unconstitutional
about The bil and II j. stratairg the inteTpreta
ZION of The Constitution. Il is the duty Of Congress
70 protect the people-Jo protect them well
against a6ulerated and isbran3od articles Of med
lctae and food as against foreign aggression Sec
ZION s Article Of the Constitution gives Congress
power 10 regulate oCmmerce among the several
States and such regulation implies the prevention
Of fraud IN interstate commerce. The 'unconstitu-
tional objection las long been favorte weapon Of
those who oppose ths class Of legislation from i'm
proper but il IS that viii not bear the
scrGrny Of careful examination analysis.
y have replied TO the alleged objection that the
bill IS unconstitutional the floor OF the Senate,
where pointed out that far back as 1875 Con-
gTess adopted Revised Statutes 2SS3 10 2sSs in
elusive. These statutes provide for federal in
surance OF the purity Of imported drugs under au-
1ho.lty AFFORDED by the same clause of the same
section Of the Constitution is invoked in sup
port OF the present measure. These statutes. when
on passage. were supported in the Senate by JEFF
lersoa Davis, John e. Calhoun John a. Dix and
other clearheaded Interpreters of the Constitution
and they were adopted by majority Of both
Houses Of Congress. Is IL not rathe. late ques-
ton The consuturonality OF a measure which in
wolves the same prin1ipIe do these statutes,
which is on all with them2
i have moi discussed here the details Of the bill
bur only the broad principles on which il is found
ed. ] woulc can your attention. however. 10 the
estimate made recently 5y prominent physician
attending the National Pure Food and Dairy Con-
Eress. in which he said that less than 200 OO1,
probably 5000, children lost their lives every year
as the result OF impure or misbranded drugs. An
instance Of this kind TO my attention right
here in Washington not long ago A well known
physician gave q prescription calling for a simple
drug. The prescription filed and administered
and failed 10 produce the expected result Bafled
BY irritation OF the stomach which ensued. the
physician caused the medicine TO be analysed.
The analysis showed that the drug was only 50
per cent pure, The remaining 50 per cent OF
weight was hNer. and this filler was producing an
irritation OF the stomach which might, under the
eye Of a less skilful physician. have resulted in
death
wHIsKEY NOT FOOD.
There is one change I purpose 10 make in my
bill. and that is abandon the term foods as
applied whiskeys. I shall refer TO them as
and spurious concoctions which sell whiskey
should parade under the name OF food. The
bill which the Congress viii be asked 70 pass next
session win render IL imperative that whiskeys
entering into interstate commerce shall be branded
as follows. straight Whiskey.' blended whiskey.
consumer take pains 10 post himself regaId ding
the processes implied by the labels, and il he
"One Of the most serious evils which the pro-
posed bin would remedy Is the trafic in decOmposed
ing concerns kill and place in cold storage great
quantities OF meat. which they buy when the mar
themselves frequently the rise and then sell
cut ther reserve supplies. but. unfortunately some
diseased imp.egnated with decomposition and then
IS sold 10 unW-tting consumers who may be seri-
Ire pscfers ea{oV as result OF This system is 10
control absolutely the market for dressed meats and