The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-05-11
'BLEACHEDFL
MEN LOSE OUT
Federal Court of Iowa UphOlds
Decision of Lower Tribunal
i'm Noted Case.
OBJECTION WAS MADE
TO SEIZURE OF PRODUCT
Court, in Opinion, Points Out
Evils That Arise Adulterat-
ing Many Articles.

DES MONIES. la. May i0-Judge
Smith Mcpherson. in the federal court
today dismissed the complaint Of the
Shawnee Milling company OF Kansas and
Updike Milling company Of Omaha.
brought in behalf of the Western Milling
company asking that United States Dis
trlct Attorney NJ. l.. Temple Of Iowa be
enioined from seIzIng bleachcd -four
shipped into Iowa, The court upholds the
federal ruling as regards bleached flour.
The complaint was brought by the
Shawnee Milling company OF Kansas and
the L'pdke Milling compan yof Omaha.
The decision does not state whether or
not the Alsop process OF bleacblng nour
ia Injurious. holding that that question
is one for a jury AS to the right of con
gress to enact a law such as the national
pure food act. the court said;
Several Of the states within the last
few years have enacted pure food stat
utes. Congress June 30, 1906. enacted
the statute in question. All these stat
utss were enacted to cure evils well-nigh
intolerable that had grown up during this
age of great service and commercialism.
that has made money-gettins the prime
object OF life with so many,
Evils Are Recognized.
THE evils were such that much OF
the foods we eat. whether meats OF any
kind, Including fish and poultry, or fruits
adulterated and loaded or 'doctored as
10 deceive the consumer, And the same
was true OF flavors and condiments. The
evil as TO confectionery and havors and
extracts was as great. Still greater was
the evil as 10 drugs and medicines.
I'm fact, the evils were everywhere
present as to food and medicine and
other things. And TO eliminate GONE OF
these evils and to enable the purchasers
TO receive what they ordered and paid
for, many states passed statutes aimed
AT those frauds. But II was found that
the states. in some Instances, were dis
posed 70. condone as 10 some articles OF
local manufacture, and In many other in
stances the states were powerless 10 work
out a remedy. Thereupon congress, act
ing upon the theory that the evil was Of
national concern. enacted the statute in
question. The debates in congress show
that the measure was earnestly fought
as being one OF paternalism and n police
regulation with which the states only
could act
Praise for Wilson.
THE secretary OF agriculture. Mr. Will
son. performed his duty both In letter
and spirit when he submitted the ques-
oxide TO the board OF food and drug In
spection. And that board. the secretary
concurred. after hearing given TO all
parties in interest. found that such flour
Is In contravention of that statute. Such
finding is not binding as against the
parties thus bleaching flour, But 1t Is
conclusive as against all criticism for
making the seizures and bringing the
question before the courts for determine
don.
Congress is given the power TO provide
for the general welfare OF the United
States. But without couot II this legis-
lalon is sustained. II Is because OF that
provision OF the constitution which pro-
vides 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
Important as It is, II Is ever before the
country. II gives great comfort to all
who believe In one common country and
yet is antagonized ofJener than any other
provision OF the constitution. by those
whose shield OF self-defense is articles .
and 10 o f,he amendments to the reserved
power OF the states"