Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-03-30
HAS CITY RIGHT
UNDER ORDINANCE?
Question of Standard OF Foods
Comes Up in Case in
District Court.
DEFENDANT FOUND GUILTY
Case Was on Appeal by Tom Polite
From Sentence Passed In
Police Court.

whether merchant may bc prose
cutcd under the ordinances OF the city
of salt Lake for the sale OF UNIV hole
some food became q matter of doubt i'm
the district court today. The qucs-
ton. propoundcd in effect by Judge r.
u. Lewis. came up 30 the conclusion Of
tho appeal hearing OF Tom Polite,
charged with having sold waluuts that
were wormy and unwholcsome and uu-
nt for human food.
Polite was arrested after be had sold
"a pound of waluuts To- city Food ana
Dairy Commissioner w. j. Frazier Tn
the pound OF waluuts, according To- the
official. 40 of the nuts were wormy
and but tj were good. ln the trial be-
fore Judge Bowman Poltz. who con-
Quoted the olympia candy store at
gi2 south Main street. was found guilty
of the violation of the pure food ordi-
nance and fined $50.
Under the appeal the rohcaring u the
case was held in Judge Lewis division
Of the district court yesterday This
morning the question OF the power OF
the city TO determine. without e. fixed
standard. the wholes1mcncss Of food
or the power to enforce the existing
ordinance came up when the court ask
ed the prosecutor ON what theory re
wished the Instructions 10 the jury 70
boz made.
After a lengthy argument between
the court and the city's counsel the
case was given to the jury, which after
five minutes elaboration brought IN A
verdict of guilty
In the contention. the court held that
as there lis no fixed standard Of quality
of goods 10 could not be said whether
or not an article was safe for human
consumption. The prosecutor Insisted
that the United States government IT,
self left 10 TO human agency, through
its inspectors. 90 determine what was
NJ for healthful food and what was not,
and that following down the city had
the similar night through It's inspec-
tors, to determine the same.
THE ORDINANCE
The section Of the ordinance under
which the action was brought reads
"it shall be unlawful for any person 10
bring. or cause 10 be brought within the
limits Of Salt Lake city. or 10 offer or
hold for sale. or sell. OF have I'm posses
sion for sale, either az wholesale or al
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. whole
some and safe for human food
The court indicated that he would
receive authorities offered by the pros
ecution 10 support The city.s conteu-
ton as to the power To fix the health
fulness Of food and such, and In In
structinR the Jury Judge Lewis said
the question before tho jury was that
of the freshness and soundness ~ the
nuts sold 10 the complaining witness.
The Jury was cautioned not 10 deal
with the question as 10 what effect the
nuts n they had been eaten, would
have on the health Tho jury returned
its verdict OF guilty after few
minutes consideration, and Saturday
April .. was set as the day for sem
tence. Before then the prosecution VIII
submit 10 the court the authorities
supporting the contention Of the city's
mower 10 determine under lis inspectors
tho standard Of pure and Impure foods.