Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-01-27
BLEACHED FLOUR SUIT
Secretary Wilson's Decision
AsSaiIed in Court.
DEVICE MAKERS FIGHT
Declare Business Has Been Injured
by Arbitrary Ruling.
DEFEND PROCESS AS LAWFUL
Head of Agricultural Department
Asks Attorney General to An
swer for Him February IL.

| On the ground that it's business is seri-
ously injured by a ruling of the Secre-
tary of Agriculture, which it regards as
arbitrary, regulating the use of nitrogen
peroxide in bleaching flour, the Alsop
Process Company of ST. Louis Mo, which
| manufactures machines used in this pro-
cess and has a patent process of its own
| has obtained an order from Justice Cla-
baugh of the Supreme Court of the Dis
trict of Columbia.
Secretary Wilson is directed to appear
cause why writ of mandamus should
not be issued against his compelling him
to withhold his recommendations OF
prosecutions for violation of his ruling.
The attorneys for the plaintiffs are
Bruce S. Elliott and J. 3. Jeffries of st.
Louis and George w. Rea of Washington.
Secretary Wilson, upon receipt of the or
der from the court, turned the matter
over to Attorney General Bonaparte. with
the request that he represent the Depart
nent of Agriculture. Mr.. Bonaparte will
probably call upon District Attorney Ba-
ker to appear for him.
Decision of Department.
| The case grows out of decision of the
board of food and drug inspection OF the
i Department of Agriculture, issued by Sec
| rotary Wilson as a bulletin, December 10,
| 1908, entitled Food Inspection DECISION,
] No. 100" The decision is upon the ques-
| ton of the application of the food and
drugs acts to the use of nitrogen peroxide
tn l,ah Loo hirCr nf
/ Hearings on this question were held
at the Department of Agriculture on hve
days, beginning November Is. 1903. Keep
resentatives of all the leading flour mllls
| of the country and also the representa-
tives of the Alsop Process Company ap-
peared at these hearings.
In the bulletin containing the decision,
Secretary Wilson, after referring to the
hearings, says:
1T is my opinion. based upon all the
| testimony given at the hearing, upon the
reports of those who have investigated
the subject. upon the literature and upon
the unanimous opinion of the board or
| food and drug inspection, that Hour
| bleached by nitrogen peroxide is an adui-
| terated product under the food and
drugs act of June 3d. 1906; that the
character of the adulteratiGn is such that
no statement upon the label will bring
| bleached flour within the law. and that
such flour cannot legally be made or sold
| in the District of Columbia or in the ter
ritories: or be transported or sold In
interstate commerce; or be transported or
sold in foreign commerce, except under
| that portion of section of the law,
| which reads:
"'Provided, That no article shall be
deemed misbranded or adulterated within
the provisions of this act when intended
for export to any foreign country and
prepared or packed according to the
specifications or directions of the foreign
! purchaser, when no substance Is used in
| bo or. thereof
conflict with the laws of the foreign coun-
try to which said article, is intended to
be shipped
an view of the extent Of the bleaching
process and of the immense quantity OF
beached -four now on hand or in process
of manufacture, no prosecutions will be
recommended by this department for man
ufacture and sale thereof in the District
of Columbia or the territories or for
transportation or sale in interstate or
foreign commerce for period OF six
months from the date hereof"
Process Is Defended.
The petition of the Alsop Process Com
pany, signed by A. r. Byrd. jr., secretary
of the company, states that the company
is a corporation duly organized in the
state of Missouri. and that 1t is engaged
in the manufacture of f1our-bleaching ma
chinery, which 1t sells throughout the
United States. For several years it has
been manufacturing and selling machin-
cry for practicing what is known as the
AlsOp process for bleaching flour by the
use of nitrogen peroxide.
The Alsop process is protected by pat
ents. both as to apparatus and method
and, it is claimed is universally used by
millers throughout the country. The proc
ess is claimed by it's owners to be abso-
lutely harmless, being accomplished by
the passage of pure air through flaming
discharge of electricity and the applica.
4 nf resultant medium
the freshly milled flour as the latter
passes through an agitator."
The petition contains the further infor.
nation that the applica ton of the process
to the freshly milled flour takes from
seven to ten seconds, and that it gives the
flour whittier tint and makes 1t more &C
ceptabe to the markets and to the con.
Stunning public generally.
BY the issue of decision No. 100 by the
Secretary of Agriculture the Alsop Pro-
cess Company claims its business has
been materially injured. The sales of it's
machines have fallen off because mllers
are unwilling to use them for fear of be-
ing prosecuted under the pure food law.
The petitioners claim that in issuing this
bulletin the Secretary acted arbitrarily
and that his decision is oppressive and
and drugs act.
. "Unjust" Ruling.
In conclusion the petition says:
| your petitioner 1urtner represents ahC
complains that the Secretary of Agricul
ture intended by the publication of de-
cision 100 to include and publicly CON
DENIM and did thereby include and pub
licly condemn, flour manufactured anG
sold in interstate commerce which had
been treated by the process, and that such
public condemnation of flour bleached by
your petitioners process, and the promul
| CATION of the decision holding that f1oul
so bleached is adulterated produce
under the food and drugs act of June 30
1906; and that such flour cannot legally bt
made or sold in the District of Columbia
or in the territories or be transported OF
sold in interstate commerce. or be trans
, ported or sold in foreign commerce except
, | under the proviso of section = of the law
was an unjust unauthorized, arbitrary
l oppressive and unlawful exercise of au
thority and that all such acts and things
: | a foresaid were done without color o.
, right of law and in disregard of the plair
, | provisions of the said food and drugs act
June So 1896.
COMMISSION PROPOSED