Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-08-03
From lowa's Standpoint Secre-
tary Wilson is Attempting to
Upset Court Rulings
MONKEY WRENCH IN MACHINERY
If Secretary Of Agriculture Succeeds
in Present Case Instituted, Iowa's
Commissioner Must Back Up and
Begin Over on New Lines Of En-
forcement.
to Times-Republican.

Special to Times Republican.
Des Moines. Aug. 3.-If the depart
ment of agriculture at Washington per-
sists in its course of prosecution of the
grocer of Sixth and Crocker in this
city it will upset all the rulings of the
courts on the question of original
packages and interstate commerce, and
be equivalent to throwing a monkey
wrench into the expensive and delicate
machinery of the pure food laws of
the states.
H. Umfried, of this city, received no.
tice the other day from Secretary Will
son that bottle of extract taken
from his store by a government In
spector was not up to the standard in
that it contained extraneous matter.
to-wit: some tumeric for coloring
matter.
The theory on which the various
state pure fooi departments have been
proceeding is that prosecutions of that
kind were for the states to look after,
and that the national department. was
to look after interstate commerce For
Instance, there is manufacturing plant
in Illinois that is putting out some
buckwheat flour that is self-rising. It
Is patent compound and supposed to
be very good but the labels on the
small paper cartons in which 1t is
handed out to the customer in gorgeous
colors proclaim that it is pure buck
wheat on every side of the carton and
both ends, and then in small letters in
one corner it discloses that it contains
buckwheat and -four and some other
things that are not named.
This material Is manufactured for
interstate commerce, and it has been
the theory that the government pure
food law would be exercised i'll taking
care of these manufacturers. Where
this manufacturer sells possibly one
tenth of it's product in Iowa. the Iowa
pure food commissioner could only
reach a dealer here and there who
handled 1t in this state, while the gov
ernnent is in a position to go to the
factory and demand that the stuff be
properly labeled so as to show what it
breakfast with maple syrup.
Furthermore, the theory of the SUI
preme court in handling the original
package question is that the product as
shipped is the original package and
THAT unless it is sold in that FAY the
state laws have supervision and not
the federal laws. For instance, in the
big cigaret case the manufacturers
thought to get around the matter by
shipping the boxes of cigarets in a
basket, claiming that the basket was
merely convenience and that the
packages of cigarets that were retailed
10 the consumer for or 10 cents was
The original package, but the court
said the basket full was the original
package, and that the entire package
would have to be sold to one consum-
,ar to make it come under the inter-
state commerce laws.
The bottle of extract taken from
the Des Moines retail grocer was Of
the size sold to the consumer, and it
came to the dealer in an original pack
age containing many other bottles Of
The same kind. If, therefore, the gov
ernment has supervision of the case
pure food and dairy commissioners in
this state will have to back up and
proceed entirely in different direc-
ton.
The notice to the Des Moines grocer
to come to New York and show cause
why he should not be prosecuted is,
therefore, Of far more than passing
Importance to the state of Iowa and
it's pure food laws. About this little
bottle of lemon extract hinges the
entire question of the enforcement of
the pure food laws and the hearing
before the commissioner in New York
will, therefore, be watched with the
greatest interest by the grocers and
legislators of Iowa, as well as by the
vast body Of citizens who have been
following the question Of pure food
legislation.
The action Of the department at
Washington is a decided surprise to
the department Of Iowa. There are
a lot of big. weighty questions that
are yet to be settled as to these pure
food laws The question of whisky
is one Of them. 1t has been consid-
cred in Washington and has been sent
UP to the attorney general and also
to President Roosevelt, but is still I'M
settled as the question is understood
tere There is whisky that is made
in the old fashioned way that has been
used for ages whereby the stuff Is al
lowed to age and season and become
fit (as some allege) for consumption
and then there is whisky that Is made
In the chemical laboratory by putting
together the chemical ingredients that
form whisky The question is whether
the chemical product IS whisky or not.
About the only way the question will
ever be settled. 1t is thought, is by
carrying the case to the courts.
The state uniform county certifI-
cate law does not exist for the prime
purpose Of furnishing jobs for Des
Moiues school teachers. Recently some