Evening star., 1912-01-22

Added to this simple duty Is the more
resp onsible obligation delegated to him by
the three Secretaries, to review the find
ings of the bureau Of chemistry by grant
ing hearing to parties from whom sam
Piles were collected and in the light OF
these hearings Of deciding whether or not
the findings Of the bureau are free from
error.
Final Test in Courts.
This construction of the law, which
in the opinion of your committee is the
correct one. places the judicial deter
mination of all disputes in the courts.
where the standard of purity of foods
must finally be established. 1t also
makes 1T the imperative duty of dis
trict attorneys to proceed against all
violators of the law on receipt of GER
titled record of cases prepared by the
bureau of chemistry; but If we accept
this construction of the law in it's full
meaning it is apparent that at the
time of the taking effect of this law
the prompt prosecution of every in
fraction, whether of major or MINOR
importance. was an impOssibility. as
such a course would have utterly con-
jested the business of the courts. Thus
the administration of the law began
with a policy of negotiation and COM
promise between the Secretary and the
purveyors of our national food supplies.
1T is matter for profound congratula-
ton that the great body of American cit
izenshfp yields prompt and willing obe-
dience to the law, and to such 1t was
only required that the terms of the law
be fully explained. The necessary read
justment of their business required time,
and it was good administration to grant
reasonable opportunity for such a pur-
pose.
There are others who are reluctant or
defiant, to whom delay means license for
continued offending. 1t is a matter of
common knowledge that large business
concerns in this country have frequently
refused to submit to the guidance of the
law without struggle. and to such OF
these as We're engaged In the purveyance
Of foods the passage of this law was In
the nature Of challenge. 1t was notice
that in this country there is no question
too important to be submitted to the
courts for arbitrament. Our courts deter
mine the traffic charges on our railroads.
appoint receivers for the largest corpora
tions, and dissolve the most giant COM
binations of capital; and the tribunals
which protect life. preserve liberty, safe
guard Invested capital and promote legiti-
mate business enterprises throughout our
nation can be safely intrusted to dis
charge the duties imposed upon them by
this legislation.
knowledge Not Final.
''The standard of purity Of food will
never be determined with absolute final
ity. This standard will represent at any
given moment the sum Of our national
knowledge on this subject, and as we extend
our scientific research, and thus add to
the sum of our knowledge on this SUBJ
ject, this standard Will necessarily vary;
but Congress, in enacting this law, did
not provide that its provisions shall re-
main in abeyance until We shall have
completed any gwen course of scientific
administration today are intended to be
determined according to our civilization of
today.
1.-The Secretary stands on safe grounds
in asserting that we will know better by
and by but the law is In force today
and was enacted to give proper protec-
ton to the consumer as well as the pro-
ducer. The pure food law vests in the
federal courts the power to decide whether
or not a particular commodity is adul-
ng of the law. and refers controvers es
arising under the operation of this law
to these courts for final adjudication.
The strengtn of the statutes and the ju-
by the executive orders of the Secretary
Of Agriculture, though they be issued in
obedience to the suggestion OF the Prest-
dent of the United States"
Chief Should Have Power.
Charges were made during the COM
mittee's hearing that the work of DIR.
Wiley and his associates was revised
and often rejected either by Solicitor
McCabe or by the board Of food and
drug inspection, of which Mr.. McCabe,
DR.. Wiley and Associate Chemist Dun
lap were the members. The position Of
DR.. Dunlap was variously stated to be
coordinate with. and superior to, that
of Dr. Wiley, who was supposed to be
the supreme officer of the bureau.
The committee makes rather general
criticism of the methods of the depart.
ment. 1t recommends that the chief
of the bureau be given the fuli power
which the law supposes him 10 nave
the board of food and drug inspection
be made entirely from within the
bureau of chemistry, and that the power
of the solicitor to pass upon tne hnd-
Withdrawn. 1t is recommended that
the chief and his two associates snail
constitute the board. sitting WIN tequai
power as board members. All are 10 De
subject to removal py the appointing
power.
denim the practice of abatng cases
Frequently it is possible" says the re-
port, ito adjust the practice OF the th Pur- 1a
veyor to conform to the Spit. U. the Jaw
and from the record before 1t your COM
mittee is convinced that many such case cases
appear among the large number ho1 OF aoaa, Pat
ed cases of which comment mas peei' i.
made Where this has been the result it
is not generous to say that money nsy spent psna
in the preparation thereof mas oeen cen
suuandered or that the purpose OF the
law has been defeated.
Need of a Remedy.
But. reviewing the methods of initiating
prosecutions under the law. the report
saws that 1.-The inability of the board OF
food and drug inspection, OF which DR..
Wiley, DR.. Dunlap and Sohcitor McCaoe
are members. to amrm approAiiaa'eiy
-. 80 .h,rd of the cases recommended
Inv the bureau Of chemistry would sug-
gest inquiry and demand a remedy The
evidence discloses that large NUMBER OF Q.
cases were prepared anu a'ei "aro
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