Omaha daily bee., 1909-04-25
Nebraska
COURT RULES IN FOOD CASE
Holding Of Ex-Food Commissioner
J. W. johnson 0verruled.
WRAPPED HAM NOT PACKAGE
selects G. w. McMiehaeI Of HoIdrege
and n. !. Elliott of Chadron
Principals Junior Normal
Schools.
oFrom a staff correspcndent.l

LINCOLN, April A-CSpecial.)-The SUI
preme court today overruled J. w. johnson,
former deputy state food commissioner
who prosecuted Swift and company Tor
not branding the net weight OF wrapped
ham and bacon. The court decided that
the district court OF Lancaster county de-
cided Justly when IL held that ham and
bacon are not packages in the sense used
in the old food law. The subject of brand
ing meat is a dead issue at this time be-
cause the last legislature amended the
law under which Johnson operated. The
amended statute specifically exempts meat
and meat products from the net weight
brand. Judge Barnes, who wrote the de-
cision OF the supreme court, s~ustains the
judgment of Judge A. J. Cornish of tho
district court. Judge Rose did not particl-
pate in the case and Judge Dean dissented.
Judge Cornish held that a package Of
wrapped ham OF bacon is not a package
within the meaning Of the term as used in
the statute in question; that the term was
Intended to apply only to such packages as
are put UP in artificial sizes or quantities;
that ham and bacon in packages are In
natural sizes varying in weight and guam
tity. and that they are never sold as OF
fixed weight or quantity. From this de-
AolO Nlb lAEd OAttPlAOhos
what Court Says.
ut must be conceded" says the supreme
court, that the term package is at best
a vague one and liable to various interpre-
tations. 1t is welk known that many arti-
Giles Of food are packed, bound or put to-
gether in sizes determined by the manu-
facturers. and intended to pass in trade
from hand to hand as OF given weight or
measure. EOT exannpia hVftar NIT 80 Ga
pound packages. Strawberries in a box sup
posed to hold a quart. teas and coffees
in pasteboard boxes of a pound. These are
strictly packages within the meaning OF
the law. They are packed. bound and put
together In forms and sizes convenient to
pass in trade from hand to hand"
The court says that where a statute IL
OF doubtful meaning recourse must be had
to the record to disclose what the purposes
of the legislature were. This, It is evident
was TO prohibit the various KINDS of fraud
and deceit too often practiced in recent
years in the manufacture and sale of food
products. says the court.
The court holds that it is apparent thai
the processes resorted TO by the packers
in wrapping their meats were for the pur
pose of enhancing their value as food prod
ucts and by wrapping them In the man
ner as determined by the evidence M
fraud or deceit is practiced on the pur
chaser because he has the choice of takinI
the wrapped or the unwrapped meat. II.
knows. says the court, that when he buy
the whole wrapped package that he II
paying for the paper wrapping, but II HI
does not want to do that he can take
part OF 1t at meat price. TIE court hold
that the package is property branded as t.
contents and hence there is no fraud or de
ceit. Indeed, none could be practiced oil
the consumer by such a transaction. I
follows that the acts complained of ar
not v~iolative of either the letter or tn,
spirit of the statute on which the prose
cution was based.
Junior Normal Principals.
State superintendent Bishop T. J. Major
and n. NJ. Graham, members of the new
state normal board. decided to
c. w. McMichael, now city superintendent
of schools at Holdrege, for the position o
principal of the junior normal at Aim
and r, I. Elliott. city superintendent o
schools at Chardon, for principal at Broke
Bow.
Governor shallenberger did nothing NOR