The Washington herald., 1908-03-17
Send Harper to Jail for ViO-
lating Pure Food Law,
PRESIDENT INsTRUCTS BAKER
Executive Power Over Judiciary
Sharply Criticised Regardless of
submit n Statement Showing He
Endeavored 10 Comply with Law.

the country that the pure food law was
enacted TO protect them. He has been
convicted after fair and an impartial
trial. and you should use every argu-
ment In your power 10 convince the judge
to impose Jail sentence. To man with
his wealth. fine as the penalty for his
violation Of the law would be little less
than ridiculous"
Thus did President Roosevelt yesterday
instruct. as TO his duty. District Attorney
d. w. Baker. who was summoned 10 he
White House to receive such instruction.
Robert n. Harper. president of the
chamber Of Commerce, president OF the
lsaeriean National Bank. a manufactur-
Ing druggist and for upward of twenty
years one OF Washlngton's best known
and progressive citizens. is the man to
whom the President referred. He was
found guilty Of violating a provision OF
the pure food law by jury f. the United
States branch Of the Police Court. be-
fore Judge Ivory G. Kimban. on Thurs
day last. after a lengthy trial.
Following Mr.. Harper's conviction. his
attorneys. Messrs. Benjamin S Minor
and c. c. Tucker. filed a volumlnous bin
OF exceptions. and this is under considera-
ton now. Under ordinary circumstances
and conditions the case would not come
up for a sentence for a week or ten
days.
Presidents Course Criticised.
President Roosevelts course In giving
instructions to the district attorney and
virtually to the court itself. pending
sentence. was commented upon adversely
throughout the city yesterday. especially
by lawyers. Apart from any feeling as
20 the merits Of the case. the Presidents
action was generally criticised and no
little indignation was expressed.
District Attorney Baker was az a loss
10 know why he had been summoned to
the White House. and he was con
sideraoly surprised man when the Presii-
dent launched forth into a denunciation
OF Mr.. Harper. and told Mr. Baker that
IL was his first real opportunity since he
had been in Office 70 vindicate She law.
The district attorney assured the Pres
ident that it had been his intention from
the first to insist on a jail sentence FOR
Mr.. Harper. as he realized the gravity
Of the ofrense and the deleteri0Us effect
( il would have on the future effective ad-
minIstration OF the pure food law and
/ prosecutions Hereunder. unless a severe
/ sentence should be imposed
I Mr.. Baker would not make any formal
statement concerning the matter after
/ leaving the President, except that he
intended from the first 10 ask for a
/ jail sentence.
/ DIR. Wiley star Wf1enss.
The Department; Of Agriculture. through
| its expert, Dr. II. ". Wiley has been
I bending every effort for some time to
make an example of Mr. Harper. and has
had the active cooperation OF the De-
partment Of Justice. II was realized that
his conviction would have a wholesome
effect throughout the country, whereas
, his acquittal would tend to discourage
prosecutions Of similar nature under the
new law. Dr. Wiley was the govern
ments star witness.
The President was informed. after the
verdict Of the jury. that. at considerable
expense. the agents Of the department
had unearthed. at the nations Capital a
bold and deliberate violation Of the law
He was told that the maximum fine that
could be imposed. 500. was less than the
amount it had cost the government 10
prosecute the case.
President Roosevelts first impulse. il
is said. was 20 send for Judge KimbaIl.
but he saw the improperly OF this. and
that there was no doubt but that his in
structions to District Attorney Baker
would reach Judge KimbaH.
Sought TO Comply with Law.
Mr.. Harper was convicted OF violating
the new pure food law in the advertising
matter used in connection with head
ache remedy He insists that he sought
/ earnestly and persistently 70 comply with
the letter and spirit Of the new law. and
tried in vain to secure rulings by the
department which would make clear his
rights.
According 20 a statement made by his
counsel last night the case is summed up
by the defense as follows;
Mr.. Harper began about twenty years aso the
manufacture and sale Of a headache reuaedr he is
a graduate Of the Philadelphia School Of Pharmacy,
and during his studies in philadelphia was con
nected with the firm Of John Wyeth & Brother.
one Of the great chemical Arms Of the country, be
ing IN charge Of one Of their laboratories While
in the formula Of his headache remedy which for
fifteen years or more. manufactured and sold
under the name q Harper's Cephalgne- Brain
Food About three years ago. 1t being claimed
by another manufacturer that the name Cephalgine
was violation Of his trademark registered as
far back 1872. Of which Mr.. Harper had no
knorledge during the time. he changed the name
Of his preparation to Harpers "CufoFhedake-
Brain Food. the coined or fancy name being sub
stituted on the label Of his preparation in view
Of its similarity 10 the world Cephalgine.
Asked Departmental Ruling.
On October s. 1907. in response to notice sent
by the. Department Of Agriculture to druggist
in Washington. directing attention TO the sale OF
Mr.. Harpers remedy and to the statements in the
printed matter connected with it. Mr. Harper ap-
peared before the Board Of Food and Drug In
spection Of the department on October T. last
At that hearing he claimed that he was entitled 10
continue the Of the words "Cuforhedake-Bcane-
fude' as the name Of his preparation; that the
same were in no sense a violation OF the set
and that the statement in his printed matter that
his preparation harmless relief aud con
tanned no morphine poisonous ingredients. which
il was claimed by the department were untrue were
as a matter Of fact. in no sense false or misead-
ing As the members Of the board intimated with
out expressly stating they held contrary view Mr..
Harper then and there at such hearing offered. if
the board would definitely rule or find that the
use Of such words and such statements were. in
their opinion. a violation Of the pure food and
drugs act. to discontinue the use Of such words
and such statements on his label and in his cir
culars. in order TO avoid any possible adverse
criticism Of the printed matter connected with his
preparation Notwithstanding his express request that
the board make a definite ruling upon the subject
the board refused to do, and stated that Mr..
Harper would have to be the judge Of what his