The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-07-14
District Court Enjoins Food and
Dairy Commission From Bar
ing Dcleterious Feeds.
FEDERAL LAW CONFLICTS
Court Holds That Product Is
Article OF Interstate Commerce
and Permits Its Sale

az e.c safe Oh certain STOCK iccdS
manufactured by that concern. the
United States Dlstr.c, Court yesterday
virtually rendered Imperative. an TN
portant section OF inc Feeding stun
Law. passed Oy the General Assembly
OF 1910. The Injunction was granted
~ Circuit Judges Nathan Cor ana f.
-. P-ttcnard. and District judge Ed
mInd " adam. Jr.. sitting as the
SPECIAL court demanded ~ statute tor
al action OF this nature.
The decision has Statewide signiG-
canoe. AND bids fair 10 establish = pre-
cedent Tor similar cases whlcA may
arise in other sections OF the country
Assistant Dairy ana tool Commits
Ssoner Ben T. Purcell. discussing the
court order. said that while the IN
junction practically rtndcrs void d
law :sa!ncd 10 safeguard the interests
o.: dG!4ymon and stock ra!sers. the
State u Virginia VIII continue the
agat against :nisbrand!ng, and IN this
way counterfeit 10 L large extent the
evils which tae Injunction just issued
Will permit TO flourish unchecked.
says Label Ia Misleading.
The Principal point At issue. accord
ing 10 Assistant Dairy and Food Com
missioner Purcell. IS that the Ameri-
can ;a.!..ng Company. and other max
egs OF similar products, marketed II
this state under the general label.
Grain acreen.ags.' mixture consist
Ing chiefly OF weed seeds and chaG.
The product was sold IN unoroken
packages and under n numo Ter OF pat-
ented names. one OF the stock foods
mat figured a the hearing just closed
went by the name Of "suerene."
From The point OF view OF the State
Dairy and Food Commission. these
products violated the Federal laws De-
cause they failed 10 set forth on the
outside o. the package the correct In
s-eGients. and did not conform with
the laws Of the state. which IN tho
Feeding stuff Act expressly prohibits
the Interpretations Of weed seeds. oat
huns. cna;f. and similar materials In
the stock reeds offered Tor sale Il.
this State.
Conflicts with Federal Law.
In announcing the verdict OF the
court Judge Gon stated that the grant
OF the Injunction did not mean that
the State law was nold 10 be dncon-
s,itutionai 1t merely meant that the
court supported the contention OF the
complalnaats that the Virginia statute
when undertook TO .nhib!c tho sale of
their product vas in conflict with the
laws OF Interstate commerce.
Briefly stated, The court took the
ground that the product placed under
ban by Virginia was sold without him
drance IN Illinois and other Sta ties and
was therefore I legitimate article OF
could interfere with IT'S sale within its
borders so long as Il was offered in
original. unbroken packages and in
compliance with the other provisions
governing the sale OF interstate pro-
Duets.
Under this ruling the Objectionable
stock food can be sold at retail in Viz
g.nia only BY dealers buying direct
from the manufacturers.
Court Hcfuses Supcraedeas.
Upon the announcement OF the decis-
ion, Assistant Attorney General Davis.
for the state Dairy and Food Commits
sion, moved that the court grant
supersedeas and suspension OF its order
upon execution OF a proper supersedeas
bond. Tho motion was overruied. the
court expressing the opinion that It
was not case In which Il was proper
TO suspend is action.
The injunction forblds the State from
!nst.tltlns any proceedings against the
complainant or against any importer
OF It's commercial feeds N Virginia that
remain IN tAa original unbroken pack
ages because OF anything contained In
the clause O: the Virginia law under
which the certificate Of registration was
revoked. i enJc!ns tic state also from
sending out any circular or in any
other manner spreading injurious re-
ports concerning the commercial feeds
IN question or from intimating thar
they DO not comply with the laws OF the
state.
The order was made contingent upon
the Ming OF ! bond OF 1000 by the
American Milling Company TO protect
the defendants against any damage.
The bond was furnished 1T once, with
the American Surety Company US
surety
Virginia Was Dumping Ground.
Touching yesterdays decision, Assist
ant Dairy and Food Commissioner
Purcell issued tho following state
ment:
Before the enactment OF our pura
food laws Virginia was made one OF the
dumping grounds for numbers of worth
less feeds manufactured principally in
the Middle West. and the feeders OF
i've stock in this state paid out mil
hons OF dollars Tor mixed fee.ls nllod
with the refuse Of various !nanulac-
turing enterprises.
The list Of the principal adulterants
employed and to be found in section
10 OF the law referred to INCLUDE such
articles IS rice chaN or hulls. peanut
shells. corn cobs. oat huns. cottonseed
nuns weed seeds. chan ana nax plant
refuse me Injunction granted ~ the
coNr; means in part that the American
Mining company can use any OF these
products in their feed that they NAV
elect TO use"