The Washington times., 1908-03-16
First Man Convicted Un-
der Pure Food Law
Should Be Made An
Example, He Says.
Chief Executive Urges
Public Prosecutor to
Insist Upon Term
in Prison.

Robert n Harper. president OF the
/ Chamber Of Commerce ana American
National Bank. and the hrst mar in
( the United States convicted OF violat-
/ ing the pure food and drug law. would
90 TO jail II the President were the
judge.
/ The President today summoned Dis
/ trict Attorney Baker, who prosecuted
! Mr.. Harper, 10 the White House and
told him 10 insist upon a jail sentence
I for the convicted man. Mr.. Roosevelt
/ tod the District Attorney that the fact
/ that Harper is a wealthy man makes
/ IL imperative for the Government to
make urgent endeavors tc- obtain sen
! lence commensurate with the crime.
Wants Harper for Example.
! It is believed by Mr. Roosevelt that
| a Jail sentence III the Harper case
/ would have more effect toward insur-
{ Ing respect and observance OF the pure
( food and drug law than a dozen pros
ecutions Of less prominent or wealthy
men, or The imposition of q heavy fine
Before leaving the White House Dis
trict Attorney Baker assured the PresI-
dent that Il had been his intention since
the day the warrant was sworn out for
.
er OF "Curforhedake" being sent 20
Jail Tor d sufficient time 70 show thar
the Government was wnole-hearted in
its insistenCe upon the enforcement o.
the pure drug law.
Not Overriding" Kimban.
Friends OF the President say Ills in
| terest III the Harper case is not 10 be
construed as overriding or ~lictaL-
| ing" 10 Judge KlmbaiL OF the Police
Court, before whom the conviction was
had, or any other occupant OF tHe
bench in the United States Mr. Koose-
Welt heartily supported the pure I0oI
ana drug Law since Il was urst mel-
toned, and believes that q violation OF
L. should be punished as severely As tiL
criminal statutes viii permit
lie merely summoned the District At
tOTney JC LIs OinCe. therefore, and IELI-
mated 10 that dignitaTv the most ad-
NanJagGOuS course 10 pursue lf the pure
drug law is 10 De respected. The Presi-
dent has watched the Harper case with
the keenest interest.
Robert y. Harper was arrested sev-
eral weeks ago Tor manufacturing and
selling Brain Food. OF "CurtOTEed-
axe q headache remedy, which. ac-
cCrding TO evidence IN the Police Court,
was compounded with MS own hands
Ills manufacturing establishment IN the
harper building, on G street. was raide1
by the District Attorney after numerous
complaints had been made.
His Fight Stubborn.
\ stubborn hight was waged by Mr..
Harper IL the Police Court. Eminent
chemists from several cities came TO
Washington 10 testify in his case. The
hearing consumed sixteen days before
Judge EimbaH and jury. After tax
ing testimony from a score OF Witnesses
for each side, and argument lasting
two days the case finally went TO the
Jury. which returned verdict or
guilty after twenty-five minutes de-
Attorney G. c. Tucker representing
the defendant gave notice OF an appeal
The maximum penalty for the 5rtenae
OF which the defendant was found Sul y
is 500 fine or six months Imprisonment
in faiI or both a. the discretion Of the
Judge presiding at the trial.
Charged With Mislabeling
Afr. Harper was specifically charged
with mislabeling a pharmaceutical Gem
mound. 1t was charged t!ss on the
labels pasted on bottles of "Rrain
Food the manufacturer printed: Con
taiEs 10 poisonous OF harmful ingre-
dients." District Attorney Baker at
tackled the label in toto. He insisted in
his argument to the jury that he had
shown that Brain Food" vas not only
no food at all for The brain. but was
harmful Tor the entire bods He
argued that "CuTforhedake" was nos
a cure.
Attacking the statement that "Curfor-
hedaiGe" contained no POISONOUS or
harmful ingredients, Mr.. Baker said
that the manufacturer had Withheld
from the public. 10 whom he sOlu
100000 bottles OF brain Food" aunu-
allV. the names OF sll the ingredients
OF his preparation except those which
the Jaw explicitly required him 10 state.
IN MS case, a-eoEoI ana 9eeiarilIde-
There was no mention, according 10 Dir.
Baker Of antipyrine, caffeine, OF bro
mides Of potash and soda.
The District Attorney said that not
withstanding the statement that Brain
Food" contained no morphia or other
poisonous or harmful substances, the
evidence showed that every ingredient
was either poisonous or harmful
Analysis Of "Brain Food"
According to an analysis of Brain
Food" at the Bureau of Chemistry. De
partment of Agriculture, the prepara-
ton consisted Of alcohol. a I-5 Per. cent:
acetaniiide, 3 1-10 per cent; antipyriue,
/ Is per cent; caffeine 1 4-5 per cent.
and bromides. 8 BIO per cent.
District Attorney Baker argued with
especial emphasis the fact that Mr.
Harper Is not "a chemist, but nOtWtth-
standing that fact compounded for
wears "CurfOrhedake.' composed Of
dangerous and injurious drugs. MIR.
Baker insists that iHa5muCh as Mr.
Haruer by his own admission com
pounded the preparation with his own
hand, there was no irresponsible suo-
ordinate.
Don't be out 10 ell Of Times wan.