Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-10-27
NEW FEATURE OF MILK LAW
REGULATIONS GOVERNING THE
SALES IN DISTRICT.
Judge Mullowny Rules in Favor of
Retailer Presenting Guarantee
From Producer.

Holding that the retail milk or cream
dealar who is found by the District in
slectors to have sold milk or cream which
IS below the standard cannot be prose-
cuted under the law governing the sale
! % such products. when the retail dealer
mas guarantee from the daryman or
/ wholesale dealer that the milk or cream
/ IS I'D 70 the standard. and giving the
name ami address Of the dairyman. Judge
MuiloWay IN the Police Court yesterday
dismissed 4 case Of that kind against Ar
thur +. Dowell. retail dealer, and there
by what are cIassed as important and
unique questions of law are decided. The
. case vas regarded as a test by the retail
dealers. and the decision IS therefore re-
g4Fa"d as a victory for them as against
/ the daiTVmen.
/ During the past week also Judge Null
+ "wnY has made from TIE bench the sug-
gestOn that some wholesale dealer or
/ dair}man should be brought before him
( when discovered in violating the law.
stating that he would Impose heavy fines
! on The men who supply the milk to the
/ retail dealers. The judge also suggested
I that In TIE case % Mr.. DoweI the charge
/ against whom was dismissed. warrant
should be obtained for the man who sup
piled MI D0WeA with the milk in ques
was IN 20 the standard It IS understood
( that action has been taken.
One Exception Noted.
/ Many cases are brought before the Po-
Ice Court daily in which the defendants
are charged with selling milk that is not
/ up 70 the standard REQUIRED by the resu-
atoms A. the trial OF those cases, Judge
/ Mulowny says, he finds the retail dealers
/ swear they sold the milk a they obtained
! t from the daiTymau or wholesale dealer
! ana in the same packages as supplied to
I them. While his honor regards that as
7 q mitigation of the offense. 1t does not
. Justify verdict Of not guilty. The one
exception to this rule Is where the retail
/ dealer has a guarantee with the milk
/ found 10 be below the standard that it IS
/ up to the standard. The first case in
/ which such a guarantee was furnished TO
the court in that of Mr.. Doweu. and
/ the case was dismissed
/ In disutssng the case however Judge
MullOwnv had to make anot her decision
I OF point upon which there has been a
/ contest in court. The District regula-
tels governing the sale of milk were
passed several years ago. This law spe-
! officially DreSCrlbeS that milk shall have
| not less than 312 per cent of fat. and has
other requirements as to cream, etc. Last
! year Congress passed the pure food act.
| which Is binding IN interstate commerce
] IN the territories ana me DlStTiCt OF Co
! lumbia. That law makes II unlawful to
! sell food, including milk and cream. be-
| low the standards to be fixed by the De-
/ partment OF Agriculture. That depart
ment requires only 81 per cent of fat IN
standard milk The milk dealers there
| fore. undertook to show that this pure
| food act Of 1906 took the place of the ear
Iler act Of the District and therefore that
the old law was no longer effective.
| In the new law there is provision
! stating that the retailer cannot be prose-
! cuted for selling food that is not pure or
! that is improperly labeled in case he OBJ
| tains from the producer a guarantee that
the article IS up to the standard as
| labeled. the guarantee to contain the
name OF the man making the guarantee
and his address.
What the Court Holds.
| Judge Mullowny held that the new pure
/ food law did not invalidate the previous
regulations for the District, but that the
! Two laws are to be read together. There
/ fore while the standard of milk and
cream is left as specifically stated in the
old law. 3ia per cent, in the absence or
any specific standard fixed in the new
law the provision of the new law re-
garding a guarantee. absent from the
old law. IS binding judge Mullowny de-
cided that under this clause OF the new
law Mr. DoweIl was not properly before
the court and therefore dismissed the
case In this case Judge Mullowny &C
cordingIy decided the nooted question re-
garding the present validity of the two
laws
what the guarantee Snould Sho".
In speakine of the provision of the new
law regarding the protection Of a retail
dfaIer through suai aiI'e 'NNs5 4iU
lowry said the provision required that
the guarantee shall contain the name
and address. of tho man WAKING the
-,
guarantee ana lhat lhe purpose or SucH