The Washington herald., 1908-04-19
THE FIRST FOOD AND DRUGS
ACT PROSECUTION 4 FARCE


duee the relief for which they are recon-
mended
From what we have said, therefore. It
can be seen that the Harper case Is
worthless as a test case, and that no
manufacturer or dealer can look to il for
guidance or instruction as to the mean
ing Of the food and drugs act. The case
was a hard-fought one, extending over
three weeks. and the representatives of
the Agricultural Department were ap-
parently determined TO secure a convic-
tion at all hazards. Their zeal in the
case. to our mind. was unbecomiIg the
dignity Of the representatives of a great
government, and smacked more OF a de-
sire to have their own extreme views up
held than to protect the public from de
ception and harm They regOrted to
every little technieality that their in
genuity could devise 10 confuse the minds
of the judge and the jury. even going so
far as to urge a conviction on the al
legged ground that the defendant had
slightly overstated the percentage Of al
cohOl in his preparation. The alcoholic
content, according to the label, was 30
per cent, but one Of the great govern
ment experts swoTe that samples he had
examined showed only 24.5 per cent;
though, according TO a reluctant admis-
sion Wrung from him on a severe cross
examination, 1t was found that one Of
his tests showed 27.6 per cent, and that
he had been testlfying as to the spirits
contained in the preparation on the basis
of absolute alcohol, when he must have
known that all manufacturers use COM
mon or commercial alcohol, which is only
50 per cent pure. He must have known
also that, according to the rules and
regulations. the term alcohol is defined
to mean common alcohol. and not al
cohol absoIutum. Thus, it can be seen
that. even taking the figures of this ex-
pert as reliable. the variation from the
stated amount OF commercial alcohol
was only about l per cent, and when if
is remembered that the rules and regu-
lstions expressly provide that a state
ment of the maximum quantity or pro-
portion Of the alcohol present in a prep
aration would meet ali requirements, il
can be seen how eager the government
officials were 10 convict this man with
cut regard 10 justice, law. or their own
regulations.
AS the purpose of that portion of the
act which provides for the statement OF
alcohol, morphine, cocaine, &c, on the
labels Of drugs containing them was to
give warning 70 the public of their pres
ence, so shat these drugs might not be
taken unadvisedly, IL would appear 10
fair-minded man that Harper had COM
piled strictly with the spirit Of the law,
for, according TO the governments own
witnesses. he had overstated, rather than
understated. the alcoholic content OF his
preparation. He could have had no mo-
tive in OveTstating the alcohol, unless it
were a desire 10 be sure that in no case
il were understated. which would un-
dOubtedly have violated the law
p Under all these circumstances the tao
tics of the prosecution suggest that there
was some personal or malicious motive
behind them. This view is strengthened
BY the fact that no formal hearing, such
as the law directs and for which the
regulations provide. was given 20 Harper
previous 10 notice Of prosecution. II is
true that on October last Harper ap-
peared before the board OF food and drug
inspection, but he was not cited 10 so ap-
pear, and did so on his own vOlitiOn when
he learned that the department had sent
a notice 10 a retail druggist calling at
tenti0n 10 certain statements on Har-
per's preparation which the department
regarded as false or misleading. At
Luat nearing I1dIpSl dShtu tie budtQ 10
rule definitely on his labels, packages,
Sc. and to state specifically 10 what they
objected. expressing his desire 10 live
strictly up to the letter of the law, and
TO conform TO the wishes of the board in
the minutest particular. But regardless
Of his request. the board refused 10 make
a ruling. telling Harper that he must be
the judge Of the law himself, and not
come TO them for information. However,
from his interview, he was enabled to
guess at their objections to his labels,
and, at considerable expense. he went
directly TO work 10 revise them, elimi-
mating therefrom all matter to which he
thought the board could possibly object,
and printing new labels. circulars. &c.
in accordance with these revisiOns. II
would seem that, when a man showed
such a desire to comply with their de-