Omaha daily bee., 1910-05-11
Updikes Of Gate City and Kansas Con-
Germs Are Interested.
NEW RULES CURE MANY EVILS
So Declares Jurist in Urholding
Enactment of 1906.
RULING ON BLEACHED
Injunction by Updike Milling
paBy of Omaha to Prevent Ft
ther Seizures il Set Aside
= by Court.

DIES MONIES May 1O.-Judge Smith M
Pherson in federal court here today uphei
the consttutionality of the national pure
food statute OF June 30. 1906, and dismissed
suit for injunction to prevent United
states District Attorney M. l.. Temple from
selling bleached flour sent into Iowa.
The complaint was brought by the Shaw
nee Milling company OF Kansas and the
Updke Milling company of Omaha. The
decision does not state whether or not the
Alsop process of bleaching flour is injuri-
Gus, holding that that question is one for a
jury. AS to the rights of congress to enact
q law such as the national pure food act,
The court says:
Several of the states within the last few
years have enacted pure food statutes
Congress June So 1906, enacted the statute
in question. An these statutes were en-
acted to cure evils wellngh intolerable that
had grown up duriHg this age of greed and
avarice and commcrclalism that has made
money getting the prime object of life with
so many. 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 breadstuffs, were
SO aduterated and LOADED" or "doctored"
as to deceive the consumer. And the same
was true of flavors and condiments The
'evil as to confectionery and flavors and
extracts was as great. Still greater was the
evil as to drugs and medicines.
I'm fact, the evils were everywhere pres
ent as the food and medicine and other
things And to eliminate some of these
evils and to enable the purchasers to re-
ceve what they ordered and paid for many
states passed statutes aimed at those
frauds. But 1t was soon found that the
states in some instances were disposed to
condone as to some articles of local manu-
facture and in many other instances the
states were powerless to work out a rem
edy. Thereupon congress, acting upon the
theory that the evil was of national con-
cern, enacted the statute in question. The
debates In congress show that the most
urgent measure was earnestly fought as
being one of paternalism, and police reg
ulatlon with which the states only could
act.
The secretary Of agriculture, Mr.. VIII
son, performed his duty both in letter and
spirit when he submitted the question as
to flour bleached by nitrogen peroxide to
the board of food and drug inspection
And that board. the secretary concurring.
after a hearing, given to all parties in in
terest, found that such flour is in con-
traventlon OF that statute. Such finding is
not binding as against the parties thus
bleaching flour But 1t is conclusive as
against all criticism for max ng the seizures
and bringing the question before the courts
for determination.
Congress Has Power.
Congress is given the power TO provide
for the general welfare of the United
states but without doubt IL this legisla-
ton is sustained 1t is because of that
provision of the constitution which provides
that the congress shall have the power to
regulate commerce among the several
states. That provision is the life of the
nation and to adopt which was the great
concern of the convention OF 1857. I'M
portant as it is, 1t is ever before the courts.
1t gives great comfort to all who believe
in one common country and yet is antagon-
Z 9ed oftener than any other provision of
The constitution, by those whose shield OF
defense is articles and 10 of the amend
ments, as 10 the power of the states"
After showing why congress is given the
right to provide for the general welfare OF
the United States. by enacting pure food
laws, and citing several cases where the
government has been upheld the court
concludes his opinion by dismissing the pc
tltions for an injunction to prevent the en-
torecment of the law