Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-08-17
FIGHT ON BENz0ATE
State of Indiana Interested in
Proceedings Here.
COURT DIRECTS INQUIRY
DR.. Wiley and His Assistants Re-
quired to Give Testimony.
RESULT OF INVESTIGATIONS
Effect of the Use of Personalities in
Foods-Manufactur Con-
testing Suit.
RESULT OF INVESTIGATIONS

The fight of the state of Indiana agains;
the users of benzoate of soda as a food
preservative has extended 10 Washington.
Dr. Harvey Wiley. pure food expert OF
the Department of Agriculture. this aft
ernoon will have a chance to air his views
which are not shared bySthe revision
referee board-on benzoate of soda as a
food preservatve.
He will appear before Attorney General
Bingham Of the state of Indiana, who is
in Washington TO take testimony OF the
experts OF the bureau of chemistry of the
Department of Agriculture for use in the
case of Curtice Brothers & Co. of Roch-
ester. y. Y. and Williams Brothers OF
Detroit Mich. against the state of In
diana and IL. +. Barnard. state food com
missioner Of Indiana. The testimony was
taken at the Willard Hotel
The testimony is TO be used in a suit
brought by certain manufacturers OF
foods i'm which benzoate Is used 10 re-
strain the state board of health from pre-
venting the sale OF their goods. The board
interpreted state statute 10 prohibit the
sale of such articles of food.
Attorney General Bingham sought 10
get DIR. Wiley and his assistants Drs.
Weber and Bigelow. and G. w Hoover
and William Pfunger two OF the cele-
brated poison squad on which the de-
TO testify. but they declined TO yolunta-
rily give their experiences on the advice
of Solicitor McCabe of the department.
Court Issues Order.
Roland Evans. special commissioner.
authorized by the Indiana court 10 take
the testimony, then applied to Justice
Barnard. who decided that Indiana was
entitled to the results of the government $
investigation and directed the witnesses
10 give the required information.
The entire case in Indiana hinges on the
mooted question whether benzoate OF
soda Is a deleterious food preservative.
The Indiana statute, which was passed
about six years ago, prohibits the sale or
manufacture of articles of food In which
.'deleterious" preservatives are used. Inc
statute authorized the state board of
health to designate what preservatives
came under this classification. That
body placed benzoate of soda under the
ban.
AS two expert bodies have differed in
their reports on the subject, after ex-
tended experiments, the two complaining
companies, Curtice Bros. x Co. of l.o-
chester, y. Y. and Williams Bros. of
Detroit. Mich, take the decision favor
able TO the drug as basis for the stand
that the drug in the quantities found
in their articles is net INJURIOUS
DIR. W. ID. Bigelow were on the stand to-
day. They were questioned by Attorney
General Bingham to show how carefully
the Investigations had been made upon
which DR.. Wiley bases his belief that
benzoate of soda is Injurious a food
preseryative. The taking OF testimony
will be continued this afternoon, when.
it is expected. DR.. Wiley will take the
stand.
Willis Baldwin and +. o. Grosvenor OF
Detroit. attorneys, attended the hearing
on behalf of the complainants against the
state of Indiana. Mr.. Baldwin declares
that the whole matter is a fight between
the manufacturers.
He says that those manufacturers Of So
called sour pickles. which are put up in
vinegar in such quantity that the vine
gar acts as a preservative, are opposed to
the manufacturers of the so-called sweet
pickles, which are put up with benzoate
OF soda to act as preventative.
Ill. +. Barnard, the Indiana state food
commissioner. who is also in Washington,
insists that the fight is over the question
whether benzoate of soda is injurious
when used as a preservative in food. He
declares that the state of Indiana had
every right to enact and enforce the law
which prohibits the sale of foods contain
ing benzoate Of soda as a preservative.