Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-04-15
Judge KimbaII Acts in Case of
Robert N. Harper.
PURE FOOD LAW VIOLATED
Calls on Defendant to Pay Seven
Hundred Dollars.
IMPRISONMENT IN DEFAULT
Sentence Based on Conviction Under
Two Counts of Information.
Statement by Counsel.

Nooeft ~ Harper, president of the
Washington Chamber of Commerce, ant
f1nancier. late this afternoon was fned
a total of 500. or in default of paymen,
FIVE months Imprisonment. Sentence wa.
imposed by Judge l. G. kimbxil, in the
United States branch of the Police Court
1t was explained that the fine of $5O(
was imposed on one count and 5000 or
another count Of the information charg.
ing violations of the pure food law.
Mr.. Harper appeared in court this after.
noon to receive sentence. He vas &C.
companied by Attorneys Benjamin F.
Minor, c. c. Tucker and J. NJ. Kenyon
The proceedings were opened by United
States Attorney Baker and Assistant
United States Attorney Proctor.
Mr.. Baker began by saying:
In the case Of the United States
against Harper I move for sentence He
counts. the first count for the manu-.
featuring of q mislabeled drug on the
second count for the selling of a mfs-
labeled drug. The statute provides a
maximum penalty Of $500 fine and one
years imprisonment on the first count.
on the second count. I ask your honor
to impose the full penalty Of the law
as deterrent for other manufacturers
OF similar compounds"
He said the label "Branefude' had
been deliberately placed on the COM
pound with the one idea of misleading the
public. There was nothing in the COM
pound In the nature of brain food. ex-
cept 1t were alcohol. which was used to
dissolve the other ingredients.
f~~
the poisonous nature of acetanilide. which
he said is one of the principal ingredients
OF the compound. He also said the
promiscuous dosing of the public with poi.
sonous drugs is very dangerous. and that
me doses or "Branefude.' as shown on
the label. were fa- out of proportion to
the amount that should be taken.
This fashion Of distributing poisons In
this manner must be stopped as a means
o. preserving the public health" Mr.. Bak-
er said.
He added the Harper case wa. under the
new law. and that Judge kimball must
olaze the way for other trials. He there.
fore hoped heavy sentence would be i'm.
posed.
Appeal for Clemency.
Replying to the urgent appeal of United
STATES Attorney Baker for the imposition
OF jail sentence, Attorney Tucker OF
counsel for the defendant made a lengthy
appeal for clemency. He took the ground
that If there had been a violation Of the
law committed it had been. at the most
one OF inadvertence. The case, he de.
clared. had really been brought for the
purpose Of testing the Law. and so ia,
as ne was aware no jail sentence had evel
been imposed in such cases.
Counsel for the defendant referred to
the latter as one of the highly respected
citizens Of the District of Columbia and
the request that he be sent to jail, he
tnouent. was an unprecedented one He
thought 1t was inconceivabIe how such
request could have been made unless
there had been some influence brought 10
Dear, but, he said, he knew the court
would be free from such influence.
Mr.. Tucker declared that DR.. Harper
naa made an honest effort to comply
with the law. and there was nothing, in
his opinion. to Justify the United States
attorney in making such an unusual de-
mand
The attorney did not make a direct
reference to the part President Roose
welt is alleged to have taken in the
case In the matter Of endeavorirg to
nave the court impose a Jail sentence,
but did refer to IAN incident which re-
suited In DR.. Harper resigning the
Bank.
Judge KimbAll's Comment.
In passing upon the case Judge Kim.
ball said:
The offense Of which the defendant
was convicted in this court is grave
one, and he must have known that hie
statements were misleading and untrue
and that the preparation which he manu-.
featured contained poisonous ingredients
II cannot say that he IL innocent or q
technical violator of the law. and do not
consider that the present case is ties,
case in the ordinary sense. 1t is an ex.
ceptlonally important one and needs at.
tention of the most serious character I,
being the hrst case Of the kind. I do no,
think l should impose Jail sentence"
Attorneys for the de ense announced
that they would take an appeal to Dfstric,