The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1911-12-04

WTPFIPT
INC article is properly labeled within
tne definitions OF aduter3tion and
outstanding described In Tho statute
various questions OF procedure have
arisen under this new statute. some
oi them very technical such AZ the
right TO proceed by Information rath-
or than by Indictment, the right TO
make seizures without according
hearings 10 Interested parties, and
the suficicncy of evidence for main
tanning charges Of misbrandIng and
adultcration in the particular cases
Under the departmental practice
questions of law arising under fed
eral statutes are usually referred 10
,llr chief law, officer of the depart,
mcnt where the cases originate, and
II Is indispensable for the proper
enforcement Of llo food and drugs
Act tina, there should be lawyers In
the department OF agriculture 10 in
Nestigate these questions.
The manifest improprIcty Of lcaV-
ing these questions TO be investi-
gated by chemists Is Illustrated by
Or. Wilcy's testimony before The
committee, in the course OF whicii
he said that II was his idea That u
Is M 10 manufacturers 10 Justify the
use OF any prcscrvatire that they
might use. There are few Of our
citizens or ordinary intelligence who
q" not know that under our system
the burden OF proof is always on ihc
prosecutors. and II is incumbent on
the government in food and drug
cases 70 establish that foods and
drugs arc adulterated or miShr3ndcd
as tho case may be. In other words.
IL is mp 10 the government 10 prove
hat The ingredients Of foods are
deletcrious when exception Is taken
la them on that ground. and not on
the manufacturers 10 show that ihc
ingredients are not delctcrious.
Committee Confused.
Tho reports OF bearings show that
some coufusicn existed in the minds
of tho committee Of congress, which
WAS reelected in the press, regarding
tho duties Of tho referee hoard and
the board Of food and drug inspection.
Secretary Wilson has frequently on
planned 10 congress that the refere"
board is merely an advisory board
and WAS appointed AT the election uf
President Roosevelt, In order that
The secretary Of agriculture might
have the benefit Of the advice OF
five eminent. disinterestcd scientists
on important questions arising in
connection with The enforcement Of
the law, which he might refer 10
them.
The board OF food and drug inspec-
ton, on tho other hand Is an ad-
illustrative board, which handles ac-
tual cases for the secretary OF asri-
culture and handles for him tho de-.
tails necessary for preparing The
cases FOR prosecution. Secretary
Wilson, more than ono occasion,
has explained to congress that when
he started in To enforce the rood law
DIR Wiley, as chief Of the bureal Of
chemistry, was charged with the ad-
muistrative Cetalls OF the chemical
end OF the work aud Solicitor Nc
Cahc was charged with the legal
work. The secretary soon found out
that another chemist WAS needed 10
devote his whole tme to tho work,
as the chief OF tile bureau OF chem
istry has many other duties In ad-
dition TO his duties under the food
law Consequently. Dr. Dunlap was
appointed as associate chemist on
the recommendation Of President
Angel ur the University OF Michi-
gan. and the board of food and drug
inspection WAS created.
The board did not interfere in any
way with the duties assigned by law
TO the bureau OF chemistry, The hii-
reau is charged 10y law with he col
lectinc and examination Of samples.
and this is the only duty imposed by
law on the bureau Of chemistry. Tho
board can consider only such cases
as arc reported TO IL by the bureau OF
chemistry. The workings OF the ref
cree board and the board al food and
drug inspection were both lnVcsti-
gated ly the committee on cNpend,-
lures In the department Of ngricul-
ture during the third session Of the
sixty-ilrst congress. Chairman Moss
and Representative Higgins OF the
committee which conducted the hear
iuSs during the summer wern mem
bers of the former committee, This
committee reported 10 congress that
both the referee board and the board
of food and drug inspection each had
its proper place aud was ncce ssary
for the effective enforcement OF the
food law.