The Washington herald., 1908-04-19

mands, even though some Of them wee
manifestly arbitrary and unjust, the sd-
ministrative officials would have given
10 him their aid and encouragement. But
such was not the case Although they
must have been aware that he had
changed his labels 10 meet their whim-
sical ideas, they instituted prosecution
against him on the basis OF his old labels
which had been altogether abandoned and
which he had only used prior to the In
terview recorded above.
Another incident which gives the ap-
pearanee OF at least excessive zeal Ia the
case, was the action Of the President In
sending for the district attorney and in
strueting him to press for a jail sentence
Tor Harper. 1t would have been entirely
proper, bad the case been a fragrant one
had. for instance, Harper's preparation
contained morphine, cocaine, or some
other such insidious drug or drugs, and
had ne failed TO state the fact On his
labels-for the Chief Executive to have
slgnihed 10 the prosecuting officer.
through the Attorney General. that he
should make an example Of the offender;
but according to the newspapers. the
President did not stop at that: for. fol-
lowing his Interview with the district at
torney, statement was given out at the
White House and published In the pa-
pers. where the judge who presided IN
the case was bound to see it. that the
President insisted on a jail sentence for
the defendant in the case. The fact that
the judge was an appointee Of the Presi-
dent, and that his term was about 10 ex-
pire, was commented on in the newspa-
pers and In the halls Of Congress 8
adding TO the unseemliness Of the Presi-
dents action in the matter II is not pos
sible for the President to keep posted on
all the details Of even important GOV
ernmental matters, and stiIl less can he
be expected to know all the facts IN
every little case that comes up in the
poHce courts. He must depend for his
information on mis- subOrdinates, and he
must, Of necessity, take their conclusions
as true, and rely and act upon them And
his actien in the Harper case can be
reasonably explained on the ground that
the Jealous employees in the Agricultural
Department, beside themselves with de-
light at their first victory, had misrepre-
sented the facts 10 the President and
had made him believe that Harper had
been guilty OF fiagrant misrepresentation
and fraud
AS stated in the beginning. the man
was really convicted because he called
his preparation 'Brane Fude." Now. it
is iBconceivable that any person among
the millions that have bought the remedy
during the twenty years IL has been on
the market could have purchased il with.
the idea that he was getting a food for
the brain. or that the brain needed a
specific food; and so we do not believe
that the President. had he been ac-
qua!nted with all the facts, would have
sought 70 have inflicted on a fellow being
so severe penalty for such a trifiing Of
fense.
Harper will be brought up for sentence
about the time this article is put IN print,
at which time it will be known what, if
any, influence the Presidents request will
have upon the judge in the case.
II is needless 10 say that Harper has
appealed the case, and, whatever may
be the sentence. that he will not submit
to it until it has been approved by the
court Of last resort.
We regret that this. the first case un-
der the new law, should have terminated
in such a fizzle The food and drugs act
is an innovation in American legislation,
and all who are affected by il have been
anxi0usiy awaiting the determination OF
the case, hoping 10 derive instruction and
information therefr0m. But, as We have
said, there was nothing clean-cut about
It, and but for the statement of the juror
above referred TO, no one would have
known that the conviction was secured
upon a mere quibble, 10 wit: That the
name ''Brane Fude'' is calculated 10 de-
ceive people into buying HaTper's prepar-
alton with the idea that there is a food
which nourishes the brain specifically and
exclusively, and that "Cuforhedake Brane
Fude" is such a substance.
We would Ike to see the person SO
ignorant as TO be deceived in that man
ner. The prosecution could not find him,
and we do not believe he exists: but If
&c does. humanity would dictate his
hasty confinement in some institution
where. they minister to minds diseased.