New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-02-23
NJ ENACE PURE FOOD LAW
U'hishcy Lobby Actire, Says DIR.
Pr0cl0r-Lack of Standards.

v-osbircto, Ecn ex-senator Proctor star
tied the Senate this afternoon BY announcing
that a lobby representing the liquor dealers
and the producers of blended whlskeys an"
neutral spirits had been particularly acINe
around the CAPITOL trying to defeat provision
in the Agricultural bill which authorizes the
Secretary Of Agriculture to establish stand
ards of nuritv. by which impure and adulterated
foods may be adjudged and which Is necessary
10 the effectiveness OF the Pure Food law
Senator Proctor's committee had restored the
provision, which had beer lost on point OF
order i'm The House. and Senator Lodge mace
a point Of order against it in the Senate. Nj.
Lodge protested that his only objection Was
that such enormous power should De CON-
mitted % a single official. Mr. Lodge saId ne
believed there should be bureau of standards.
but that he thought such legislation should ne
carefully thought out and enacted separately
NOT made the subject OF a brief amendment To
an appropriation bill
Senator Spooncr then brought out the fact
that the absence OF such standards constitute"
a grave menace 10 the efficiency Of tho Pure
Food law and remarked that he had argued IN
favor of such standards when that hilt was
under consideration and had been 'pilor'ea
,brourbout tho country it being alleged that
he was opposed to the measure. Mr. 9pooher
also referred Senators to the decision Of the
sunrerne Court I'm the case of McChord against
the Louisville & Nashville Railroad as DEM
/ orstratipg tho necessity Of such standards. MI
/ Spooner said in the Senate when the Pure FOOD
law was under consideration At the last ses-
sion:
/ I am persuaded that the lack Of standard pro
vided by law i'm connection with ths oIeh'e7
/ Denounced IN the bill and punished by the pro-
/ visions Of the hill. Is very dangerous 10 II. "
course. the fundamental sections me )utlsuIC-
tionaI sections, Of the bill are the first ana sec
| ond. The FIRST section Furnishes by Nery severe
T peualty-roue too severe neutrality-suspicious. w no
t 'nanufacture. sell. offer for sale or denver Tor
/ shipment or cause 70 he delivered, shipped or
I transported from within any state 10 an
/ other state territory any article Of food.
/ drugs medicines or LIQUORS which is aduiterateG
| or mlSbranded, or which contains any poisonous
/ or dcleterious substance within the meaning OF
| this act" The second section is substantially
/ the same
/ No lawyer will challenge the proposition for a
I moment that there Is utter lack of standard,
/ except II be supplied in the bill thereatteT' eN-
/ cept rs 10 druSs. Whether am article IS dele
| FERROUS or not is question or tact l." be deter
mined by n jury. All through the bill there are
! questions of fact To he determined by a jury.
! There is no standard rendering definite the Of
| fence. There Is nothing putting man on notice
| IN advance Of standard 10 which he must live
/ and toward which and IN obedience to which ne
must shape his business.
Senator Spooner then quoted the decision in
the McChord case TO this effect:
That this statute leaves uncertain what shall
| Inc deemed a '{usL and reasonable rate of toll ~
compensation cannot he denied. and that diff
ferent iuries might reach different conclusions
on the same testimony as TO whether or not al
offence had been committed must also he con
coded.
The crirniuality of the carriers act therefore
depends upon the iury'S view of the reasonable
ness Of the rate charged, and this latter depend.
on many uncertain and complicated elements
There is no standard whatever fixed 10y
the statute or attempted TO be fixed by which
/ the carrier may regulate its conduct. and fl
. seems clear to us to be utterly repugnaut to OIL
/ system of laws 10 punish person for an act
. the Criminality of which depends. not an,
T standard erected by the law which may 70,
| known in advance. but on one erected by a iurs
| And especially SO. as that standard must be a!
/ variable and uncertain the views Of diferen
juries may suggest. and as u which uothiul
can he known until after the commission of tht
/ Grim