Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-03-09
FEDERAL OFFICIALS CONCLUDE
THEY FIXED" FLOUR IN AN
,TIcIPATloN OF SEIZURE.
DISMISSAL OF SUITS
NOW PENDING LIKELY
Investigation Of Chemists Proves Flour
to Have Been Very Carefully
Observation-Disclosures Profess to Be
Anxious for TriaI-Four Cases Are
Now Pending.

SOuIlCll IOlullS SldICll J-C uCIG Od1l
has concluded that the millers of Iowa,
Nebraska and Kansas framed up" the
bleached flour cases now pending in
the United States court in the south
ern district of Iowa. These cases have
been speciality assigned by Judge
Smith Mcpherson for trial on Tues
day March Is but they will not be
tried at that time and probably will
be dismissed leaving the bleached flour
controversy between the government
and the millers to be fought out in the
federal courts elsewhere.
A somewhat different Interpretation
has been placed on the situation by
some attorneys who on Tuesday ex-
pressed the belief that the reluctance
of the government to try the cases
here was due to the fact that a num-
Der of years ago the Allsop patent, I'M
der which flour is bleached by an cleo
trical process, was sustained by the
circuit court Of appeals for the English
district This decision, it is claimed,
would be binding on all the United
States judges in the district, and might
have considerable influence on the out
come of any cases involving operations
under the patent tried in this district.
Butler Investigations.
Col. NJ. L. Temple of Osceola, United
States attorney for the southern dis
trict Of Iowa, said on Tuesday, how
ever, that the key to the situation was
to be found in the fact that Pierce
Butler, of st. Paul, Mimi, who has
been specially assigned by the United
States attorney general to try bleached
flour cases in all parts Of the country,
had satisfied himself, thru investiga-
tons of government chemists, that the
flour involved in the Iowa cases had
been specially prepared for the pur-
explained the anxiety of attorneys for
the millers to push these cases to
trial.
1.-THE investigations of chemists under
Mr. Pierce's direction" said Colonel
Temple, "have led him to the conclu-
sion that the milling companies which
are defendants in these cases, made
these shipments with view to having
the flour seized and making test cases
of such seizures. 1t is the theory Of
carefully bleached, so lightly in fact
ferent from the bleached flour of COM
merce. Of this view Of the matter is
correct, Mr.. Butler is only doing his
duty in declining to try the cases
which have been brought before the
court in this district.
tIf trial Of the cases is pressed on
the date for which the cases are as
signed. they will be dismissed"
Four Cases Pending.
The bleached flour cases pending be-
fore Judge Mcpherson are four in num-
Der, based on seizures made at different
times last year at Mitchellville, Daven-
port, IOttumwa and .Muscati The
mills making the shipments were the
Updike mills of Omaha and the Shaw
nee Milling Company of Shawnee, Kas..
the Updike company having made three
Of the four shipments.
The cases were brought in the feder-
al court IN different parts of the district
last fall, and were first consolidated for
trial in Des Moines in November, but
were transferred to the federal court in
this city and assigned for trial on Feb
ruary Is. The jury originally sum-
moned to try the Mabray cases on De
cember Z was notified to appear for
the, bleached flour cases. On February
is, however, a continuance was asked
by the government on account of the
absence of Mr.. Butler. The attorneys
for the millers demanded an adjudica-
ton. Judge Mcpherson, after consid-
ering the matter, declared that the
controversy ought to be settled, con-
tinued the cases until March is, and de-
clared he would then dispose of them If
he had TO adjourn every other term OF
his court in the district.