The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1910-05-10
Mills of Topeka Loses
Point in Federal Court.
Injunction Dismissed by Judge
Mcpherson Today.
NEED PURE FOOD LAWS
Calls Attention to Conditions
Before Enactment.
Iowa Authorities May Continue
to Seize Flour.

Des Moines. Ia, May 10.-Judge
smith Mcpherson in the federal court
today dismissed the complaint of the
Shawnee Milling company of Kansas
and Updike Milling company of Oma-
ha brought in behalf of the Western
Milling company, asking that United
States District Attorney NJ. L. Temple
Of Iowa, be enjoined from seizing
bleached flour shipped into Iowa. The
court upholds the federal ruling as
regards bleached flour.
The complaint was brought by the
Shawnee Milling company, of Topeka
kansas, and the Updike Milling COM
pany of Omaha. The decision does
not state whether or not the Alsop
process of bleaching flour is Injurious
holding that that question is one for
a jury. AS to the rights of congress
to enact law such as the National
Pure food act, the court said.
Several of the states within the
past few years have enacted pure food
statutes. Congress June 80, 1906, en-
acted the statute in question. All
these statutes were enacted to cure
evils well nigh intolerable that had
grown up during this age Of greed
and avarice and commercialism that
has made money getting the prime
object of life of so many.
Need of Pure Food Laws.
'"The evils were such that much of
the foods we ate, whether meats of
any kind, including fish and poultry,
or fruits in all forms, and bread stuffs
were SO adulterated and loaded or
'doctored' as to deceive the consumer.
And the same was true of flavors and
condiments. The evil as to confection-
cry and flavors and extracts was as
great. Still greater was the evil as
to drugs and medicines.
I'm fact the evils were oVPrVWhoro
present as to food and medicine and
other things and to eliminate some of
those evils and to enable the purchas-
ers to receive what they ordered and
paid for, many states passed statutes
aimed at those frauds. But it was soon
found that the states in some instances
We're disposed to condone, as to some
articles of loca! manufacture and in
many other instances the states were
powerless to work out a remedy. There
upon congress, acting upon the theory
that the evil was of national concern,
enacted the statute in question. The
debates in congress show that the meas
IRE was earnestly fought as being one
OF paternalism, and a police regulation
with which the states only could act.
Wilson Did His Duty.
"The secretary of agriculture, Mr..
Wilson. performed his duty both in
letter and spirit when he submitted the
question as to flour bleached by nitro
drug inspection. And that board the
secretary concurring, after hearing.
given to all parties in interest, found
that such -four is contravention of that
statute. Such finding is not binding as
against the parties thus bleaching
flour. But it is conclusive as against
all criticism for making the seizures
and bringing the question before the
courts for determination.
Congress is given the power to pro-
vide for the general welfare of the
United States. But without doubt if
this legislation is sustained it is be-
cause of that provision of the constitu-
ton which provides that the congress
shall have the power to regulate COM
merce among the several states. That
provision is the life of the nation and
to adopt which was the great concern
of the convention of 1877 Important
as it is, it is ever before the country.
1t gives great comfort. to all who be-
1ieve in one common country and yet
is antagonized oftener than any other
provision of the constitution, by those
whose shield of self defense is articles
9 and 10 of the amendments to the re-
served power of the stateS.''