Evening journal., 1913-07-18
FRIDAY. JULY ls. 1918.
rrnrRAL LAW is sUPREME.

TO one will deny that there is need for uniformity
IN go national and State pure food laws. a strug-
Gle keep the state laws and the national laws uni
form has been in progress the National Pure
Food Law was passed by Congress in 1906 That uni
lormty was necessary if the channels Of commerce
we're to be kept open and unhampered to all mnnu-
lacturers Of foodstuns Despite those efforts there
have been many instances in which manufacturers
have been barred from certain States owing to the
existence Of special State statutes They were barred,
Notwithstanding the fact they had complied fully with
an the requirements Of the Federal act
In view Of these things It Is specially gratifying that
IN recent decision the United States Supreme Court
has upheld the Federal act the supreme law OF the
land on the ground that Congress has acted and that
its act must reach all the way from the producer to
the consumer
clowry Chapman, Of the New York bar. counsel to
the Association Of National Advertising Managers has
contributed to the July issue Of American Industries
an interesting article entitled Federal Law Supreme
over Commerce IN Food and Drugs" It is interest
ing paper lie says that to anyone who Is familiar with
the conflict between Federal State authorities over
the regulation Of trade and commerce u must be clear
that n each state could enforce laws and regulations
in opposition 70 those Of The Federal Government in
ferstatef Commerce The national distribution and
sale o0 commodities, could be hampered seriously
~ % be practically destroyed certainly If the laws
snd regulations the several ststea should differ
Important particulars from similar laws In other
States Hu adds that Of the reasons underlying
Tho support given TO the OF the Federal Food
Drugs Act was the belief that the several states
would sate their laws harmonze with IT,
The manufacturer LONG has suffered great inconven-
ence because OF the diverse state laws on the subject
If adulteraton and mishranding. Mr.. Chapman adds
that not only d'd the the states differ mater
ally from each other but the construction placed
similar laws by food commissioners of the different
states were inharmonious and antagouistic Goods
properly labeled to meet the requirements one state
we're found to he Improperly labeled for admission
another~Sate Attention is called 10 the fact that
inf the recent decision of the United States Supreme
Court ON this subject manufacturers we're put the
necessity Of making labels in accordance with the de-
mands Of the diaereM States
Like manufacturers iohhers dealing largely In food
and drugs have been driven so by the necessity for
uniformity regulations the subject they have
pleaded for such uniformity regardless Of the char
scer Of the legislation which might follow. They are
clad to have law forhiddng adulteration and mis-
brandng and restricting the opportunities for decep
ton and fraud II is shown by Mr. Chapman IN his
admirable argument that commerce is a complete con
cenfion not witty diversity Of the law OF sales
Il covers the whole transaction. II represents 4
single unit Of action When Congress acts on com
merce It acts into through the last syllable
o the word and over. into and through all the fact
included within its meaning Commerce means th
entire movement from producer TO consumer wher
the subject Is of national and susceptible o
but single uniform rule Of regulation IT is conended
such as commerce in food products the power to re
Fulate must come from the whole people through
their representatives IN Congress and not from par
Of the people as represented IN State capital Th
opinion of the Supreme Court makes the Fedora
law supreme over commerce IN foods and drugs ant
the States must govern themselves accordingly