The Birmingham age-herald., 1906-02-22
Question Her ,l Agitat6d for
 Past Fifteen Years
BAILEY IS CHIEF OPPONENT
Gives Too Much Power to Depart ments, and He Says America Is Fast Developing Into Bureau
 cratic Government.

Washington, February H.-After fif- teen years of more or less serious con- sderation of the subject, the Senate to- day passed pure food bill by the de- cisive vote of 63 to 1. The vote was taken after a day devoted almost eX- clusively to debate of a desultory charac- ter on the measure. Several efforts were made to amend the bill and the commit tee accepted number of suggestions but only those thus accepted were incor- porated in the bill as passed.
 The bill makes it a misdemeanor to manufacture or sell adulterated or mis- branded foods, drugs, medicines or lld- uors in the District of Columbia, the territories and the insular possessions of the United States, and prohibits the shipment of such goods from one state to another or to a foreign country. It also prohibits the receipt of such goods Punishment by fine of $500 or by impris- onment for one year or both is pre- scribed.
 Agree to Regulations.
 In the case of corporations, officials in charge are made responsible. The treas ury department and the departments or agriculture and of commerce and labor are required to agree upon regulations for the collection and examination of the articles covered by the bill, but no spe- cific provision is made for investigation except by the department of agricul- ture. The Investigations by that de- partment are placed in the hands of the chief of the bureau of chemistry and If he finds that the law has been violated the secretary of agriculture Is required to report the facts to the United States district attorney who, in turn, is required to institute proceedings in the federal courts. The bill defines foods, drugs, medicines and liquors and also defines the standards for them. There Is an ex- emption for dealers who furnish guar antees against adulterat'on and mis- branding.
 Debate on Whisky Provision.
 Much time was spent In considering the effect of the word added as ap- piled to the ingredients in whisky There was so much difference of opinion on the subject that there was no dissent when MT. Tillman said that the indica- ton was that the senators had confined their acquaintance with the article under dispute to the mere theory.
 My. Spooner expressed the opinion that MT Tillman had spent more time in gain ing his information on the subject than in imparting 1t.
 In the sourse of the discusison MT. Till man expressed the opinion that the bill was crudely drawn and should be re- committed to the committee on agricul- ture. He thought the bill should fix standards and not leave it to Mir Wiley of the bureau of chemistry to do so. MT. Heyburn replied that no absolute stand could be fixed because the states have different standards
 The debate was partici pated in by Messrs Hepburn, McCumber. Lodge, For aker, Allison, Spooner. Penrose, Gallinger, Bailey, Money and others.
 Bailey Objects to Measure.
 MT. Bailey discussed the constitutional features of the bill contending that the interstate commerce provisions of the bill were invalid. He took the position that the regulation of food, drugs etc., belonged to the states and that federal statutes should not be resorted to for that He said we needed prosecuting attorneys rather than more government bureaus.
 Begin as you are doing in this bill, and you will soon have a department as powerful as the postoffce department" he said and added:
 'I doubt if any despotlsm in the world vests in one individual as much power as we give to the postmaster general who can close any mans business by an edict from which he has no appeal"
 He declared that the American govern ment was rapidly becoming a bureauc- racy.
 MT. McComber replied that the supreme provision of the bill was strictly in ac- cord with the powers of Congress to regu- late interstate commerce and declared that the fact that the bill incidently protected the people of a state, does not initiate q gainst its validity.
 At p. m. the Senate began voting on the amendments.
 The important amendments were the 
 Important Amendments Made.
 Providing that no official notice of d finding against any article shall be given until after the announcement of the final judgment of the court before which the case is heard. providing that when in the preparation of food products for ship ment they are preserved by an external application applied in such manner that the preservative is necessarily removed or by maceration in water or otherwise, the provisions of the act shall be construed as applying only when said products are ready for consumption:" requiring that mixtures or blends con taining alcohol or opium shall be branded or labeled so as to show that fact and changing the provisions regarding the of liquors as to make 1t read "it shall be deemed misbranded if 1t is blended or rectified, consists of an admixture of the different grades of the same liquor. or contains or Is mixed with other substances and the word blended 'rectified or mixed, as the case may be, not plainly stated on the package" etc
 There were only two roll calls on and in both instances the committee was sustained. The first of these was on an amendment offered by Mir. Foraker eliminating the word "addedp from the following provisions: 'In the case of liquors an article shall be deemed adulterated if 1t contains any added in- gredient of a poisonous or a deleterious character.
 The amendment was lost. 24 to 46 The other roll call was on a change suggested by MT. Foraker in labelling rectified liuuors which was lost by close vote of 33 to 35. The amendments on that point which was afterwards accepted was on similar lines
 MT. Moneys substitute bill and an