Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1908-12-02
PURE FOOD MATTER
HELD IN ABEYANCE
PENDING INVESTIGATIONS BY A
FEDERAL SCIENTIFIC
COMMISSION.
BENZoATE OF SODA AS A PRE-.
SENTATIVE BIG CUES
TON INVOLVED.

Yesterday there was filed in the
United States circuit court before
Judge Sanborn an injunction bill by
The Williams Bros. company of De
troit and the Curtice Bros. company
of Rochester. New York, against Food
Commissioner Emery. seeking to re-
strain him from prosecuting or threat
ening to prosecute dealers in tomato
and cucumber food products prepared
with benzoate of soda.
The bill alleged that the use of ben.
zoare of soda in foods is harmless and
inohensive and that, especially cat
sups and sweet pickles, would spoil,
soon after opening, unless some preser-
vative was used in them. II further
alleged that the federal authorities
permitted its use generally and that
the army and navy department of the
United States required the catsups
purchased for the use of the soldiers
and sailors to be prepared with ben
zoate of soda. 1t further alleged that
the total annual busine ss Of food
products in the United States pre-,
pared with benzoate of soda amounted
to the sum of $60.0000O0O. 1t was
charged that the food commissioner
claimed that the use of benzoate of
soda in food products was illegal and
he % a.
dealers who sold it, thereby greatly
injuring the business of the complain
ants in this state.
The eomplaiRants claimed that the
proposed action of the food commits
sioner would be illegal because the
statutes of Wisconsin do not give him
authority to establish any standard; ;
also because the statutes with rela-
tiOn TO the use of preservatives are
unconstitutional in that they seek to
delegate legislative authority to an ex.
ecutive board The complainants
claimed that any representations of
the commissioner to the effect that
compliments goods do not comply
with the statutes Of the state is a
libel upon the complainants.
The attention of the court was called
to the fact that President Roosevelt
had appointed a referee board of con
sulting scientific experts to examine
into and report whether or not the
use of benzoate of soda in food prod
ucts vas harmful The board con-
sists of DR.. Ira Rensen, presid ont of
Johns Hopkins university, chairman {;
| ProfeSor r. H. Chittenden of Yale, DR..
John H. long of Northwestern unlver.
sity, DR.. A. E. Taylor of the Univer-
sity of California and Dr. C. A. Her
ter of the College of Physicians and
Surgeons of New York city. This
board has not yet reported and it was
agreed between the attorneys that a
stay of proceedings be had until its
report was made.
Judge Sanborn thought that the bust,
ness of the compliments should not
be disturbed prior to the report Of
the board of scientific experts, thus
following the practice of the federal
food department. Commissioner EN-.
cry expressed his willingness to ac-
cept the suggestion of the court. and
bring no prosecution because food
products might contain benzoate of
soda and to desist from representing
that the sale of such food products
was unlawful.
Judge Sanborn will prepare al opin-
| ion embodying the terms of the agree
ment and the matter viii remain in
allegiance until the scientific experts
have concluded their investigation.
The attorneys in the case were Ell
| liot o. Grosvenor and w Baldwin OF
Detroit for the plaintiffs and Deputy
Attorney General Russell Jackson for
Dairy and Food Commissioner Emery