Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-02-21
Manufacturers Attacks On 1t
Completely Demolished BY
Senator Hepburn
CRITICS cLEvERLY ROUTE
Hepburn Showed That Their objec-
tions Were Based on a False AS
sumption EntireIy-Pointed Out How
the Proposed Law Would Work -
Provides for Federal Supervision.

Washington, Feb. 21.-One Of the
yesterday upon the pure food bill which
will probably be passed this afternoon
was the completeness with which SEN
ator Hepburn demolished the attacks
made upon the pure food bill by var
ious associations of manufacturers and
whiskey men on the ground that it put
into the hands Of DR.. Wiley of the
agricultural department the power to
fix standards and drive out of business
any product he might not like or
which honestly, as chemist, he might
individually decide to be deleterious.
Senator Hepburn showed that all
these attacks on DR.. Wiley and the
chemical bureau of the agricultural de-
partment were based on a false as
sumption entirely.
Senator Hepburn showed the folly Of
the attacks on the department of agri-
culture by calling attention to section
4 of the BILL
According TO section the bureau Of
chemistry of the department of agri-
culture is intrusted with the duty OF
examining specimens of food, drugs,
medicines and liquors, which are to be
collected under uniform regulations
formulated by the secretary of the
treasury, secretary of agriculture, and
secretary OF commerce and labor. The
bureau of chemistry initiates no ex-
aminations of it's own under this law.
and the results of it's findings when
submitted to the secretary of agrf-
culture are neither more nor less than
evidence.
After an examination is made, If DR..
Wiley's bureau should find that certain
preservatives are used in excess or
whiskey has been favored, as most of
them are with poisonous substances,
or that an article has been misbrand-
ed, as most patent medicines are to-
day, the secretary of agriculture is re-
quired to give notice Of the facts to the
manufacturers or sellers who may be
interested. At The same time public
notice would be made to all other per-
sons, corporations, or communities
who might be interested in the act
Thereupon a public hearing is held by
the secretary of agriculture, at which
evidence may be introduced to sustain
or disprove the findings of the bureau
of chemistry. Apparently the rights
of the manufacturer are guarded in
this section to the last degree, and he
has ample opportunity before a single
proceeding Is taken against his pro-
duct to establish either it's purity or the
fact that any impurity does not render
1T injurious.
How Proposed Law Would Work.
If after a chemical analysis by the
bureau, Of which DR.. Wiley at present
is the head and the hearing at which
manufa cturers are permitted to pre-
sent their side of the case, the secre-
tary of agriculture still believes any
Of the provisions Of the act have been
violated, he does not even then have
ministerial power to bar the product.
He must submit the evidence to the
proper United States district attor
ney with copy Of the results Of the
analysis or an examination duly au-
thenticated under oath. Thereupon the
district attorney is required to present
satisfactory evidence Of such violation
before the proper courts Of the United
States for the recovery of fines and
the enforcement Of penalties as pro-
vided in the proposed law.
If anything this is weakness and
not injustice, 50 far as the Hepburn
bill is concerned. It seems likely that
the manufacturer can vary his pro-
duct by slight degree and thus pos
sibly escape anything except punish
ment for first offense.
That is to say. preparation of cat
sup might contain l per cent of benzoic
acid, in which ease it would be dan
gerous, and the manufacturer could be
fined. AS soon as he was called up,
however, he could reduce the amount
to one-half of = per cent, change his
labels accordingly, and this would be
an entirely new product. Gradually
as he was prosecuted out of one corner
he could retreat to another, SO it might
take years to get the proportion of
benzoic acid down to the small percen-
tage which chemists agree will cause
no injury when taken into the human
stomach
Provides Federal Supervision.
Manufacturers who have been led to