Evening star., 1909-04-30
Justice Stafford's Decision in
BIeached Flour Case.
HAS RIGHT TO HIS OPINION
Question One That Answers Itself,
the Court Declares.
WRIT OF MANDAMUs DENIED
Real Issue Of Pure Food Held to
Be Not Involved in Petition
Of Alsop Company.


Court today declined to compel James
Wilson. Secretary of Agriculture. to va:
cate his decision to institute in June next
prosecutions against manufacturers of and
dealers in flour made according to the
"bleached' process.
The question of whether or not the
bleaching of -four violates the pure food
law was rot before the court for de-
cision. The question decided is only
whether the Alsop Process Company Of
st. Louis Is entitled to a mandamus to
compel the Secretary to change his opin-
ion-that the use OF nitrogen peroxide
in bleaching of -four renders the product
unwholesome, deleterious to the consum-
er, and is a violation of the pure food
law.
The company also sought to have the
Secretary made to rescind his determi-
nation to institute prosecutions at the
cember, when the Secretary announced
the decision after public hearing to
flour manufacturers.
The company in asking the mandamus
claimed that irreparable injury would be
done to their business-the manufacture
of the machinery by which the bleaching
is effected-if the Secretary was allow
ed to put into execution his announced
determination to prosecute for the
bleaching Of flour. TO this petition Sec
retary Wilson answered, claiming that
the company had no standing in court
because the order was not directed
against the machinery manufactured by
them. and that their loss. If any. was
too remote for the court to take into
consideration.
The Alsop company filed a demurrer
to the answer. and this demurrer JUS
tice Stafford today overruled.
Justice stafford's Opinion.
In the course of his opinion Justice
Stafford says:
After all, what the case amounts to
is this: The Secretary Of Agriculture has
made up his mind that bleached -four is
obnoxious to the provisions OF the pure
food act and has made that opinion pub
lie. announcing at the same time that
after six months, during which time man.
ufacturers and dealers will have an op-
portunity to adjust themselves to the sit
uation, he will call upon the respective
district attorneys to proceed against vio-
to be the owner of a patent on the bleach
ing process and to be injured by the
announcement of this opinion and inten-
tion. He Is not the owner Of any -four
and sells the machinery. He says that
the Secretary did not proceed according
to the provisions Of the pure food law In
making up his mind: that he had no right
to tell the public what opinion he had
formed, not what course he intended to
pursue; that II he is going to recommend
prosecutions at all he is bound TO do so
at once. and not wait six months. He
therefore asks this court, by the great
writ of mandamus. to command the Sec
retary to vacate his decision, to take back
what he has said and hereafter to pro-
ceed strictly according to the law.
THE mere statement of the proposition
seems to furnish its own answer and to
render an elaborate opinion unnecessary.
This court cannot change the fact that
the Secretary entertains this opinion. nor
the fact that he intends to call on the
district attorneys 10 test the cases In the
courts. it cannot command him not to
make his opinion and intention known,
and IL II could it would be useless. for
he has already made it known, and the
petitioner himself Is making the fact still
more widely known by this proceeding.
The merits of the real question, namely.
whether flour subjected to the bleaching
process may be sold without violating tn :
pure food law, is one that will ultimately
be determined by the courts. In the mean.
time the Secretary Is not violating any
law in having an opinion and in telling
the public what 1t is
Original Order to Stand.
Notice of Judge Stafford's decision was
received at the Department Of Agricul-
ture soon after it was issued. The De-
partment had no comment to make on
the case, except to say that this would
allow the original order OF Secretary
Wilson to stand, and that 1t would be
enforced from June next
The Secretary of Agriculture issued his
order prohibiting the use Of bleached
-four five months ago and soon after the
long hearing. at which both the flour
manufacturers and the bakers were rep
resented at the Department. Six months
were given for the manufacturers to dis
pose of the stock on hand, and the order
was to go into effect June 10. The appli-
cation for a writ OF mandamus was
filed by the Alsop Company soon after
that. but the authorities at the Depart
ment have expressed little confidence
that it would be granted.
1t is understood that the manufacturers
of the bleaching apparatus and some OF
the millers manufacturing bleached flour
will continue the business after June y
and will appeal to the President against
the interference of the Secretary Of Agri-
culture. This will result In throwing
the case into the hands Of the referee
board, whose continued activity has just
been approved by the Attorney General.