Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-10-21
DIFFICULTIES IN
WAY OF FOOD LAW
State Cannot Provide Penalty
For Wholesale Outside
the State
WORKS HARM TO THE GROCER
Retailer Ha. No Means Of Knowing
Whether the Goods He Sells are
Pure or Adulterated and Penalty
3 Against Him Might Work and In
I justice-About Bonding Companies.
specia, to Times-Republican.

| -
special to Times- Republican.
Des Moines, Oct. 21.-The difficulty
in fixing penalty on breaking the
law will be one of the difficult things
In the drafting of the proposed state
pure food law. There can be no pen
that sells goods to a retailer in Iowa
and hence the only way to reach such
case is to attach the penalty to the
retailer. But the retailer objects and
says he doesn't know the contents Of
the sealed cans which he buys beyond
that the travelling salesman for the
wholesaler says that the stuff is good.
hence he objects to paying any fine
when the goods are found to be i'm
pure. Where the goods are manufac-
tured in the state the task is not so
difficult, but even then it Is not easy,
for 1t is hard to fine the Who'll saler.
singing him out in a class by himself
and allow the retailer to escape on all
occasions, for such a course Is con-
trary to the constitution by exempting
one class Of citizens from prosecution
while another is liable. When the bill
was before the legislature two Tears
ago the provision was to fine the re-
taller If the manufacturer lived In an
other state. but II the manufactures
lived in Iowa to fine the manufactures.
Attorney General Mullan told those in
terested in the bill that such a provi-
sion was unconstitutional. and the
penalty provision was then changed so
as to attach the penalty to the re-
taller and wholesaler or manufacturer
alike. The arguments for national
law are that q penalty would thus be
provided for those engaged in inter-
state business and those favoring a
state law declare that the national law
would not reach those engaged in a
strictly state business.
sss
There are arguments ON all sides of
the question, however. and those ia
voring pure food law say that many
retailers are equally to blame with the
manufacturers and wholesalers. For
instance, they point out that travel
ing salesman will propose to sell to
retail grocer, pure maple syrup for 40
cents a gallon and the retailer will
take it and sell 1t for pure maple
syrup when he well knows that the
manufacturer can never afford to sell
pure maple syrup for any such a price.
He will buy what the salesman claims
is pure cidar vinegar for $5 barrel,
when he knows that such an article
can not be had for less than about SO
a barrel. 1t is claimed, therefore, that
the retailer is equally to be blamed
and Is morally responsible and that the.
only method is to punish both retailer
and manufacturer, as is done In South
Dakota, Minnesota and other states.
Those interested in the proposed law
for this state are now proposing to fix
a penalty which will be administered
If retailers are caught selling the goods
ninety days after being notified that
the goods are impure. It is proposed
to have the state inspectors issue Cir
culars such as are issued by the food
commissioner of other states which will
be sent to all grocers in the state. II a.
grocer is found selling impure goods
after ninety days has elapsed he will
be fined, but during the ninety days
he has an opportunity to work off the
impure goods that he has on hand. It
is argued in sustaining this that the
public would be no worse off than 1t
would If it didn't have a pure food
law and that in course of time the
pure food law will operate to drive
out all the impure foods. It is claimed
that the impure foods have been pretty
generally driven out of South Dakota,
Minnesota, and other states having
such laws.
There seems to be something more
than a difference between the Retail
Grocers' Association and the retail
grocers of Iowa. Those who claim tc,
be on the inside say that the whole.
sale grocers have the organization OF
the retail grocers' association and are
regularly furnishing the sinews of war
to keep the association going. The
membership fees are not sufficient and
hence the contributions have grown
till they have reached such point
that the wholesalers unknown to the
membership are controlling the organ
ization. This they assert is the reason
why the officers of the association
sidestep the matter Of the bill and
really oppose it while the association
every time it meets passes resolutions
In favor Of pure food bill.
Among the things suggested for leg.
station is law requiring fidelity and
surety companies to file with the audi
or Of state securities to certain
amounts to guarantee the faithful per-
rormance of their contracts and COM
oliance with the law. There is not Q
cry great likelihood that the idea viii
4e enacted into legislation but it 's
eing suggested by Some persons in
crested There are some states thai
ave such laws, but it is argued
against it that the fidelity ana surety
companies have never failed to pay
their claims At the same time It Is