Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-02-14
TWO DISTRICT MILK BILLS
BOTH INTRODUCED IN SENATE
BY GALLINGER.
One Favored by Commissioners, the
Other by Dairymen-Conten-
tions of Both.

There are two bills pending before the
Senate committee on the District of Co.
lumbia for the regulation of the sale Of
milk and cream in the District between
which the committee will have to decide
with a plea OF the Commissioners on one
side and of the DairyTnen's Association
of the District of Columbia. Maryland and
Virginia on the other. Both bills were in
PRODUCED by Senator Gallinger, chairman
of the District committee.
The principa! feature of the Commits
soners bill is that it gives to the Com
missioners practically every power of reg
ulation. The dairymen's bill gives this
power to board of dairy control. one
member of which shall be designated a
superintendent of dairy products and shall
be practical milk chemist.
Commissioners Contention.
The Commissioners contend that the
simplest and best way to regulate the
sale of milk and it's products is to en-
power them to promulgate rules from
time to time as the need arises. and d.
rect the health officer to carry them into
force.
On the other hand the dairymen hold
that if this bill becomes a law it will
confer legislative power on the Commits
soners. something that has never been
done before
And that means" said a dairyman to-
day. that milk and cream will he higher
than ever be fore in Washington"
The object of the dairymen's bin they point
out. is to put, the production and sale Of
milk and cream under the control of practi-
cal men. which means. they say, that
milk will be produced under better con-
ditions that will be a protection to the
producer and to the dealer in their prop
erty rights. They say also the passage
of this bill will induce the investor to put
his money into the dairy business. and
that the outcome will be more moderate
rates to the consumer.
The board of control proposed by the
Gail ymen includes superintendent of
dairy products, to be appointed by the
Commits ior ers Tia. Secretary of Agricul-
ture or on, OF his: duly appointed assist
ants. and ano:her person to be appointed
by the Commissioners. and who at the
time Of the raSsag- of this act shall be
an actual producer OF milk and cream. or
in lieu thereof shall have been pro-
Queer of milk ard cream for a period OF
not less than five years"
Both measures propose penalties for the
violation of regulations concerning the
sale of milk and its products.
First Section of Dairymen's Bill.
The first section of the diarymens bill,
which is not essentially different from the
first section of the Commissioners bill, is
as follows:
That from and after the passage of
this act it shall be unlawful for any per-
son to sell, or offer for sale, or have in
his possession with intent to sell. within
the District of Columbia, any milk or
cream which is adulterated within the
meaning of this act, and any person or
persons violating any of the provisions
of this act shall be guilty of a misde-
meanor and shall on conviction be pun
ished. for the first offense. by fine of
collected as other fines and penalties, or
by imprisonment in the workhouse for a
period of not more than thirty days, and
for the second offense and each subse-
quent Offense. by fine of not less than
SO nor more than $50 or by imprlson-
ment in the workhouSe for a period of
not more than ninety days. or by both
such fine and imprisonment, in the dis
cretion of the court Provided, That
where it can be shown that the offense
was committed by, an employe. without
the consent of the employer. the convic-
ton of the employe shall operate as
release to the employer from all liability
for the offense: And provided further,
That no dealer shall be prosecuted under
the provisions of this act for the sale of
any milk or cream, or for having the
same in his possession with intent to sell,
when he can establish conclusvely that
said milk or cream was in the same con-
dition in which he received 1t, and that
he had no knowledge, and the ordinary
physical tests did not disclose the fact,
that the same was not in accordance with
the provisions of this act.