The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-03-31
CITY PURE FOOD
LAWS UNDER FIRE
Judge T. D. Lewis Calls Atten-
ton to Lack of Any Prop
er Standard.
JURY CONVICTS POLITE
MILK ORDINANCE UPHELD BY
COURT IN MERRILL CASE.

Taking the ground that the pure
food ordinances OF Salt Lake must eS-
tablish a standard by which the quality
of foods is to be determined, Judge
T. D. Lewis of the district court yes
terday made an attack upon the laws
of the city. But in the face of the
courts ruling, the jury hearing the ap-
peal case of Tom POLITE brought in
verdict OF guilty five minutes after the
case had been given to them.
POLITE was convicted in police court
of violating the pure food ordinance
of the city in selling wormy walnuts
20 the food and dairy commissioner on
December % last, when only Is good
nuts were found in the pound contain
ing so nuts.
Judge Lewis contended that the city
had esta blished no standard to indi-
cate when the nuts were unfit for
human consumption" This is left in
the discretion of the officer, and If the
court maintains this position, 1t is
pointed out, the force of the food Ordi-
nance will be practically nullified. It
was pointed out by Assistant City At
torney p. J. Daily that the ordinance
here is drafted upon the government
laws in this matter, and that there can
not be fixed any standard.
criticises Ordinance.
The part of the ordinance excepted
to by the court is as follows:
TT shall be unlawful for any person
10 bring, or cause TO be brought with
in the limits of Salt Lake City, or TO
offer or hold for sale, or sell, or have
In possession for sale, either at whole
sale or at retail, in any private or
public market or other place in said
city. any article intended for human
consumption except such as is healthy
fresh, sound, wholesome and safe for
human food"
Politz was found guilty by the jury,
and Judge Lewis will pass sentence
Saturday. April .. at the same time en-
PERTAINING the motion for a new trial
The city's ordinance in regard to milk
was upheld by Judge Lewis shortly
afterwards in the criminal action
against 3. c. Merrill for selling milk
without a permit. Merrill was fined
$50 in police court by Judge J. NJ
Bowman, and the case was appealed to
the district court. It was heard before
a jury yesterday, and at the conclusion
of the evidence Judge Lewis practical
" stated that he would instruct the
jury to return a verdict OF guilty. The
instructions will be given to the jury
this morning. The court later altered
his statement by declaring he would
indicate that a verdict of guilty should
be rendered by peremptoFy instruc-
lions. The case viii probably be ap-
pealed to the supreme court If Merrill
is found guilty.
Oismisses Many Appeals.
Assistant City Attorney DAILY dis
missed a batch Of appeal cases yes
terday in the district court. They were
nearly all battery cases, in which the
prosecuting witnesses have left the
city or state, and in which il would be
difficult to obtain convictions. The
cases dismissed were: Hattie Johnson.
vaSrancy; Peter FOtts. battery; w. Fl.
Carter. battery; A. Bendekson, violation
or pure food ordinance; Roy Elderkin
battery; Mike Chapman, battery: Ora
NJ Brashere, violation of license ordi-
nance; Claude Shafer. battery.
The appeal case of T. G. Wells. found
guilty of cruelty to animals, was heard
on the prosecutions side. as neither
Wells nor his attorney was present in
court. After hearing the evidence
Judge Lewis took the matter under ad-
visement