Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-03-07
Supreme Court of the United
States Kills Pure Food Law

The decision of the United States Supreme in the
beached unfortunate Of it the law
now that highest court the land has proclaimed it, but
1t the duty Congress take such action shall make it law
no longer
Can congress do this? sangune people of declare
that can and indeed probable that with the specific words
the hand and legsatng only to overcome decision
which practically nufed the pure food act Congress might
be successful
But the decision another those which of
attracted attention because of their effect in multiplying carefully
matured legislation Processing to uphold the food law
proceeds destroy its effectiveness by declaring that the
poisonous substances in food not proof of the vo
aon of the law but that the Government must prove trying
of this that the substances present in quantities
sufficient injury the health of the
1t is somewhat if defaulter might escape punishment
the bank he robbed strong enough bear its loss
without failing though convicted of burning house
should plead that the flame of the match which touched it off
such little
Supreme tells that -four may be reasonably
poisonous without coming under the ban of the pure food law
how shall be determined when the limit of in the
administration of poisonS guse of food reached? Are the
mers and beacher of -four go adding poisonous sub
until they have actually killed one? Is not
possible that amount of poison that would be harmless
of strong physique might kill weang? Was the pure food
law passed for the protection of the strong alone?
DR.. Harvey w. Wiley who has had to fight for his pure
food law against all three branches of the National Govern
ment points out with vgor that under this decision every
facurer purveyor Of food may add to his product small
in butter crmadchyde in milk nitrous acid in -four arsenic
baking powder sulphur dioxde syrup potassium nitrate
sausage and until the doctor says when the
bes of the Supreme Court sit down feast which every
thing they eat and drink slightly poisoned they may find
that the rule of reason will not apply
The decision the Supreme Court practically the hands
Of the Government 1t easy prove the presence poison
substances in food It is impossible except
to prove that such substances present in sufficient
quantity to be injurious human health poison has no
place in food in any quantity however small Manufacturers
putting it there must have done for Interior purpose Its
detection whatever quantity should conclusive evidence
of the violation of the law
lower court held it, but the Supreme reversed
the decision basng its opinion the phrase in which
prohibits poisonous deleterous ingredients WHICH
RENDER SUCH ARTICLE INJURIOUS TO HEALTH"
Who say that the very smallest particle nitrous acid
not be injurious to health? The lower gave people
the benefit of the doubt declaring the presence poison in any
quantity violation Of the laws But the Supreme Court
stroke deprived the law of all practical value by putting the
State the burden of proving any given case the poison
detected present in quantities certainly huru to health
After this decision the pure food as though never
had been passed
Decisions of this sort make the people impatient They raise
and justaby the cry for the recall judges 1t is fiat mega
ton of the whole theory of popular government that after
proposed law has been gted years discussed in the press
and on the platform debated all its phases by Congress passed
and signed by the President which took no part in the
discussion and which wholly ignorant the merits of the case
should set aside all the fruit of long agitation by constituting
the law in way its makers intended
Supreme Court decisions and taking on this
character and with each the dissatisfaction the public is
more openly expressed The passage law has ceased to
anything Attorney General objects to he declines
to enforce it, the Supreme disapprove it. the law
nulhed The food law which stands as dead Lot
ter only the latest and most irritating instance of this tend
ency to override the awmalzng body of the nation