The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-10-23
MAY AMEND THE
PURE FOOD ACT
Failure to Convict Violators
May Force New Legislation
THE ANTI-oPTIoN BILL
To Prevent Gambling In Cotton Futures
May be Pressed During the
Coming Session of
Congress
THE ANTI-oPTIoN BILL
BY JONATHAN WINFIELD

States an appeal taken by the govern
ment in several cases brought under the
pure food and drugs act, it is not improb-
able, say officials of the agricultural de-
partment, that an attempt will be made
at the coming session of Congress to
amend that act so as to meet the points
raised by violators of the measure.
The cases dismissed by the supreme
court are not to be regarded as a pre-
cedent by the officers who look to the
enforcement of the pure food and drugs
act. One of the cases was that of Henry
Boockman of Brooklyn, n. Y. He was
indicted under the act on a charge of
misleading, because he put on the mar
ket an article labeled compound of
pure comb and strained honey and corn
syrup" when an analysis showed that it
was glucose and starch sugar. Accord
lingly the officers of the agricultural de-
partment, who are charged with the en-
forcement of the pure food law, had
Boockman indicted in the circuit court
of the eastern district of New York, but
his attorney successfully fought the case
on the ground that the act failed to state
the offense. The demurrer which was
filed to the Indictment was sustained. The
government took an appeal to the United
States supreme court. Since last March
officials of the department of justice have
had time to look over the records in the
| case, and when the supreme court con-
vened for the fall term, October II, Dis
trict Attorney Wickersham asked the dis
missal of the governments appeal.
1t is believed that this action will have
a. far-reaching influence and that manu-
facturers of food products will not be
slow to take advantage of this tacit adj
mission on the part of the government
that indictments brought under the pure
food and drugs act for misbranding Will
not hold in the courts.
The records of the agricultural depart
ment show that hundreds of cases of mis-
branding have been successfully prose-
cuted in the lower courts, and many
thousands of dollars worth of food stuffs
destroyed as a result. Perhaps this was
due to the fact that the manufacturers
felt they were guilty and did not care to
appeal to the higher courts.
President Taft is said to be believer
in the pure food and drugs act. and he
may take occasion In his message to Con-
gress in December, to call attention to
the need of an amendment that will meet
the objections of the misbranding and
mislabelng provisions of the act.
The Scott anti-option bill. which passed
the House just before the adjournment
! of Congress last June, is to be pressed
in the Senate at the coming session. The
Scott bill was put through the House I'M
der a special rule at the insistance of
the southern cotton planters, who for
years have been urging legislation that
would effectively stop gambling in cot
ton exchanges ION futures The claim
Of the cotton planter is that the methods
employed by cotton exchanges depreciate
the price of cotton and the planter of the
fruits of his toll
The Scott bill, which is known as the
anti-option cotton bill, is a drastic meas
ure. Some of the lawyer congressman in
the House said at the time of its passage
that IL the bill In Its form at that time
became law the courts would declare
lit unconstitutional This opinion had an
effect, In that the advocates of the meas
ure In the Senate will probably amend it
to meet the objections raised by the con-
stitutional lawyers. AS the anti-option
bill is Endorsed by the Farmers union, 1t
is believed that much influence, will be
felt In the Senate, with the result that
there will be legislation on the subject
before the final adjournment on March
4, 1911.
The cotton exchanges throughout the
country are preparing for hot fight in
Congress this winter, as their existence
depends on the outcome of the controver-
sy The evidence taken by the House
committee on agriculture last spring
showed very clearly that more than two
thirds of the business done by the cotton
exchanges was simply the dealing in stu
lures, which the advocates Of the Scott
bill assert Is nothing but gambling.
1t was Representative John NJ. Garner
Of Texas. the democratic whip who
gave to newspaper readers the expression,
blue funk" In June last Representative
Garner was interviewed by a newspaper
correspondent on the political outlook.
BY reason of Mr.. Gamers close relations
with all the members Of the minority, 1t
was clear that he would have more in
side information on that subject than any
other member on the democratic side Of
| the House.
After he had considered the question
| Of the correspondent the Texas states
man SdIu. lne TepuDlCdIS are III q piuc
| funk" The expression caught, and 1t
has been travelling around the country
at lively rate ever since. Representa-
tive Garner has been asked a number
of times to define ''blue funk but he
simply smiled and replied that II one knew
anything about political conditions they
would not ask the meaning of blue
funk"
| A friend of the democratic whip" thus
defines the praise: at is an atmospheric
condition which surrounds members of
political party so that they cannot see
the points Of the compass, and hence can
not tell whether they are going north,
east. west or south, with the result that
they fall into the hole on the edge of
which they are standing" FIJI
| As the party whip" Representative
Garner made record during the last
session. and it was largely due to his
work that the democrats were all on
hand when important matters came up
for a record vote. The position of party
whip is an important one, but as 1t re-
quires constant attendance at the sessions
it is sometimes q difficult task to get the
right man to accept the position That
reward follows the party whip Is shown
| in the case OF Representative Dwight OF
New York, the republican whip" The
| first vacancy on the ways and means
committee last session, which. was oc-
casioned by the death of Representative
| Cushman Of Washington, was flled by
| tho appointment !, OF Representative
Dwight, thus giving New York two repre-
sentatives on this important committee.
Friends Of Representative Garner say
that If the next House IL democratic he
will have his work as whip recognized
f,,ax ri nj tea