Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1914-02-26
Supreme Court Decides lnsDcc
tors Must Prove Poison in
Harmful Quantity.
RULING VICTORY FOR M|lLERS
Is Applicable to Proceeding.
Involving Cther Articles cs
FOOd--Ends Bitter
Fight.

Washington. Feb. 2L-Mtliers ami food
manufacturers generally throughout the
country Won a decisive victory over the
gUternme'.t to-day. when the Supreme
Coult held that federal inspectors could
not condemn, under the pure food law,
"b!eached -four. ur,ess they proved that
the fiou~ contained enough poisonous
ingredients added in bleaching TO make
the flour injurious to health.
Officials of the department of agri-
culture have fought the case bitterly,
contendlng that the adding Of any
quantity of poisonous ingredients was
in violation of the law. They con-
centrated their efforts to have this prin.
cipe established in the bleached fiouI
case, because the decision win be ap
picable to every other proceeding in
volving an article of food claimed t
contain added poisonous or deleterous
ingredients
MUST SEEK TRUE MEANING.
The case decided to-day originated IL
the district court of western Missouri
The government sought to condemn SO
sacks of -four bleached by the Lexington
Mills company by the so-called "Alsop
in bleaching the flour, to give it color
to hide its inferiority, certain nitrates OF
poisonous ingredients were added, and
that this violated the law, no matter
what the quantity used. The district
court so held and the jury condemned
the -four The eighth circuit court of ap-
peals held the district court erred, and
so did the Supreme Court to-day.
In announcing the decision of the court
Justice Day pointed out that the govern
ment only complained that is parts t
coo of a poisonous character was add
ed by bleaching. He held that every woro
of the pure food law prohibiting in inter
state commerce a food if it contained
ANY added poisonous or other added dele
terious ingredient which may render such
article injurious to health must be given
its true meaning.
IF it cannot by any possibility, when
the facts are reasonably considered, in
jure the health Of any consumer" said the
justice, "such flour, though having a snail
addition of poisonous or deleterious in
grediont, may not be condemned by the
| act
MAY NEED POISON SQUADS"
Department of agriculture officials were
not prepared to say tonight what action
| they would take as result Of the court s
decision When a copy Of the complete
| decision is in their hands. which will be
| the latter part OF this week, there will
| be consultation between Secretary
| Houston, Francis c. Gaffey. solicitor Of
| the department. and DR.. Carl Alsberg,
| chief chemist, In charge of the pure
food law administration, TO discuss the
| matter.
The principal effect Of to-day's decision
officials said, would be to require mucl
more expert testimony in virtually ever!
case the government prosecutes for viola
ton of the pure food law. and conse
quently the winning of a much smaller
percentage of suits.
More of the famous poison squads
originated by DR.. Wiley while he was
chief chemist may be necessary to de-
termine the exact amount of injurious
substances which a person may eat with
out being harmed thereby.