Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1909-06-09
BENzOATE OF SODA
IS IT GOOD OR BAD2
IMPORTANT CONTROVERSY TO
BE SETTLED AT LAST BY
FEDERAL COURT.
CONFLICTING OPINIONS BY DR..
WILEY AND THE SPECIAL
BOARD.

Indianapolis, Ind, June 4.-Whether
or not Indiana may debar canned
products containing even small per
/ cent IT benzoate of soda, will be de-
| termined by the federal and Marion
| county courts during the next few
| months. Suits are pending before
Judge A. B. Anderson of the federal
court of the Indiana district, and be-
fore Judge Charles Remster of the To-
cal circuit court.
In each petition for an injunction
restraining the state board OF health
and H. e. Barnard, state chemist and
pure food commissioner, from enforc-
ing ruling OF the state bard OF
health against the use of benzoate,
has been fled 1t is alleged by the
plaintiffs in the federal court, the
Williams Brothers company Of Detroit
and Curtice Brothers company of
Rochester, n. Y, that benzoate of So
da is not, and cannot be used TO con-
ceal inferiority in canned products,
and that benzoate is not, and cannot
be harmful
They assert, therefore, that the rul-
ing of the health board against the
use of even a small per cent of ben
zoate of soda is arbitrary and unrea-
sonable, and that the courts should
hold that the board shall be enjoined
from enforcing it. The rule be-
ing arbitrary and unreasonable, the
packers insist that the state has no
right to continue it in effect. The
packers allege further that the state
pure food law is unconstitutional, and
that they also are being deprived of
their rights under the federal consti-
tuition.
1t is believed that this is the first
effort the packers have made in the
middle west-aside from a suspend
ed action at Madison, Wis.,-to have
the federal courts determine whether
or not benzoate is used to conceal in
| feriority, or whether or not it is harm
full to consumers of canned products.
So far, there has been no reference
in the proceedings to the ruling of
the board of experts a. Washington
during the close of the Roosevelt adj
ministration, which disagreed with
DR.. Wiley and held that the use of
benzoate is not harmful.
The case here is to be decided on
it's merits, without regard to the rul-
ing of the experts at Washington, al
though it is likely that the latter may
be offered i'm evidence before Ed
ward Daniels, master in chancery to
the federal court, to whom the case
has been referred by Judge Ander-
son. The state health board pro-
poses to make hard fight in defence
of the existing law, under which it
is said to be accomplishing some very
valuable reforms. 1t IS gathering
evidence to substantiate it's position.
In the case now pending in the local
circuit court, the board has prepared
to present the result of tests of food
stuffs manufactured by the COM
plainants, to prove that they are UNI
wholesome, and that the use of ben
zoate is harmful.
In the federal court the suit reached
issue on its merits, after Judge An
derson refused to issue a temporary
restraining order, and after the state
filed long answer to the complain
ants bill which alleged that the use
of benzoate is not and cannot be used
to conceal inferiority, and that it's use
is not harmful
A Demurrer Overruled.
Judge Anderson some time ago
oyerruled a demurrer to the state to
the compliments bill. In a memoir
andum on his ruling on the states de-
murrer, Judge Anderson said:
upon the hearing of the applica-
ton for a temporary injunction in this
cause affidavits were filed by the de-
| PENDANT setting forth that benzoate
| of soda can be and is used for the
purpose of concealing inferiority in
materials and insanitary methods of
manufacture. These matters were
not denied at that time, and in ruling
! upon that motion the court held that
| it could not say, in the face of such
showing, that the provision of the
pure food law, excluding benzoate of
soda, was unreasonable
| There was no ayerment in the orig
| inal complaint of the packers that
| benzoate of soda is not used for the
purpose Of concealing inferiority in
materials and unsanitary methods of
manufacture. The packers merely
| alleged that the use of benzoate. in
small quantities, is not and cannot be
harmful. Affidavits were filed by the
health board and Barnard alleging
that the use of benzoate of soda is
for the purpose of concealing inferior
ity.
| Having refused to issue a temper
airy injunction Judge Anderson per-
mitted the packers to amend their
1 bill of complaint, so that it now
ayers that benzoate is not and can
not be used to conceal inferiority of
materials of unsanitary methods of
manufacture.
Now Before the Court.
/ bneora +ha foJ