Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-08-08
JUSTICE COURTS
WORK INJUSTICE
Many Prosecutions Under Pure
Food Law Result in Farci-
cal Verdicts
JUSTICE JURlEs PREJUDIcED
Many Times Where Evidence Is Con-
elusive Jury neutrality-suspicious.
Will Be Asked to Amend Law Max
ing Violations lndictable offenses-
Prosecutors Discourage.
Special 10 Times Republican.

Speclal 20 IlnoeS- -RepubllcaH.
Des Moines. Aug. s.--Justice court
administration of the law is seriously
interfering with the enforcement OF
the pure food laws and pure drug Laws.
When the inspectors take an offender
before a Justice court local prejudice
and politics usually result in the Of
fender demanding jury trial and the
Jury decides for the offender In spite
Of law and evidence. II the situation
continues 1t will result in the next leg
isature being asked to amend the laws
so as to make them indictabe offerses
and tryable to the district court in
stead of justice court. The child
labor law is not entirely free from the
difficulties complained Of
Recently an Ottumwa citizen was
found violating the pure food laws
by selling a mixture of stuff for lard.
The stuff was clearly a compound Of
various things. the usual substitute
for pork lard being linseed oil and beef
suet. The law particularly prescrbes
that such stuff can be sold, but that it
cannot be sold as pork lard and must
be clearly labeled so as to show what
it is made Of. The cans were not
properly labeled and bore the impllta-
ton that they were the most whole
some pork lard.
All this was shown to the jury in
the justice court. In justice courts the
jury is the judge of the law as well
as of the evidence, and in the face
of the testimony and showing ac-
quilted the defendant. Similar cases
have been reported from other sections
OF the state and the pure drug bill
is having the same troubles. An ap-
peal can be taken to the district court
but an appeal can do no more than
establish the fact that the state was
in the right. 1t cannot result in the
punishment of the offender, hence ap-
peals are of little value.
The enforcement of the pure drug
law is chiefly concerned with the pat-
ent medicines The law provides that
patent medicines containing alcohol
must state on the label the amount
of alcohol, and medicines containing
certain poisons must be labeled with
the poison, while others containing
opium and other drugs cannot be sold
at all except on doctors prescription
with a new prescription for each sale.
Even fragrant offenders when taken
before a Justice are frequently re-
leased.
The result of this attitude of the
Justice jury has resulted in certain
sections Of the state being left to their
misery and impurities A number of
efforts were made to clean up Council
Bluffs and prohibit the sale of "doped
milk" Justice juries in the face of
chemical analyses showing the pres
ence of dope, released the defendants.
Then the state dairy commissioner left
Council Bluffs to its own devices for
a time. The town is not helpless. Any
citizen can have can of milk ex-
amined by the chemist for the state
food and dairy department and can
file an infornation and have the SELL
er of doped milk prosecuted. So when
the commissioner quit trying tc' get
convictions after several fragrant fail,
ures he left the town to its own re-
sources
Now there are numerous complaints
coming to the office from Council
Bluffs citizens complaining Of the milk.
They suspect" that there is something
in the milk that ought not to be there.
1t was supposed by the legislatures
when the pure food law was enacted
that every community would readily
enforce the law against its owa Of
tenders. The law does not prohibit
the sale of adulterated goods but sim
ply insists that food stuffs shall be
sold for what they are and shall be
labeled so as to show distinctly what
they are The question of prosecutions
or enforcement was discussed at the
time The grocers did not like the idea
of being indicted like common Grim
inals and thought that the justice
court was the proper place to try the
cases that might arise. 1t was taken
for granted by the legislature that If a
case of fragrant abuse could be shown
no jury doomed to feed on the goods
itself would let the offender of and
that the jury might even be preju-
diced against the offender on the start.
Now that the contrary is the fact
some new means of enforcing the law
is being looked for. 1t may be that
mum Der of cases will be carried to the
higher court for the effect of the mat
ter. but it is conceded that the effect
of appealing cases will not be very
great on justice court juries tho 1t may
help some in relation to the offenders.
So
The Keokuk citizens who yes. erday
secured the acceptance of Governor
Cummins to attend the deep water
ways meeting at Keokuk are planning
to make of 1t a great occasion. The
governors of Missouri Illinois, Wiscon-
sin and Minnesota have been invited.
1t is the only point where the president
will stop on the route. He Will reach
the city at 9 in the morning and will