Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1910-10-14
PECULIAR CASE
OF PURE FOOD
NEAR CONFLICT BETWEEN GOV.
lliNMEN1 NND STATE.
OKLAHOMA CITY Scene


What s believed to be- the first case
900 record where the swtc Pure Food
w.bUr.tio. cmc iu contact with al
violation of the state laws by agents
u. the Federal Government was reel
ported from oklahoma city during
the month of september 1910
Au Inspector round % large quantity
W groceries Iu tine Lion store AT ok
Iahuma CITY which was sclyage from
bankrupt and fire stocks. ana which
Was 100 tine hands of trustee appoin-
,ru hN j. ll Cuttowl United states
judge of the Western District of ok
lahoma The Inspector visited the
place Ju-. AT the time the goods we're
being arranged for sale It lis be-
llcNrd that Very little of the stock had
been disposed ul OF the canned grO-
crrics "a large quantity had suffered
from exposure to fire and water and
others had passed the reasonable age
limit thus affecting seriously the pur-
Ity 90 he goods A hundred or more
cans ul alleged fruits and vegetables
had been SO dclaccd that the CON
tents could not bee detected from the
labels The majority of this stock
was "sWcllpd.' The inspectors protest
cd against the sale of this class of
groceries. and was informed by the
Government Agent In charge that he
proposed to assert the stock as he
saw lit, and would rclegate the i'm
pure products 10 the city dump heap
However. the definition of acceptable
groceries did not comply with the
State regulations but owing to the
fact that this agent was insistent up
ON conducting the business wholly un-
der the orders of the United States
Court and made "a positive declara-
tlun that ne would have no consider
alton whatever for orders issued by
the Suto. It was thought necessary
&C. invoke the assistance of the Federal
iuNcrnmcut Because Of the fact that
the stock OF groceries, being In the
hands of the United states Court was
not In bee Classed as goods offered for
sale through private ownership, there
fore there was possibility of con-
ilict between the Federal and states
authorities i'm case an effort was made
10 regulate the stock In question. The
ass stance and advice of Fred II Gray,
LA United States Food Inspector was
sought and Mr., Gray assisted the
State Inspector In a second inspection
of the stock in question. Doubling
his authority 10 act, although the case
was of Federal ownership, Inspector
Gray wired for Instructions from the
Chief of the Department of Chemls-
try at Washington y. G. lie was in
formed that the Federal Government
could only act should an Interstate
shipment Of Illegal products be at
tempted. As this was not anticipated
the State department was made to
realize that the ease was entirely
within its hands, a communication
was addressed to Honorable j, IL.
Cottcral, Judge of the United states
Court of the Western District of OK
mhoma, in which the facts of the case
were set forth, and request was made
that he issue an order preventing
the removal of the Illegal products to
the city dump pile unless they first be
destroyed, and to prevent the sale OF
such other food products as might re-
main In the stock offered ON the mar
ket Judge Cotteral very promptly
acted through the United States Re
feree in Bankruptcy and the state
department WAS given the assurance
that the stock would be offered for
sale and otherwise disposed of subject
to the recommendations Of the state
Pure Food Department
In this connection 1t is important
to note that the growing tendency OF
grocers, wholesale and retail, to use
the city garbage heap as a means OF
disposing of Illegal products is most
dangerous practice unless the goods
be destroyed before dumping.
In oklahoma City and other of the
larger towns, hundreds of poor people
are to be seen daily picking over the
garbage hWps for discarded food pro-
ducts. clothing and other articles of
little value, II is not infrequent mat
these pocr people consume food pro
ducts that prove dcleterious for 1t y
known that hundreds of cans of pois-
onous groceries are thrown out upon
the garbage heap without being mutl-
lated or destroyed and without any
labels denoting the contents or char
acter of the product in question. rms
lpractice should be seriously consider,
ed by an municipal authorities as well
as officers engaged in public health
work,