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 Court in the
beached -four case unfortunate Of course is the law
now highest the land has proclaimed it, but
the duty of Congress take such action shall make law
longer.
Can congress do hs9 sangune people of declare
that It can indeed is probable that with the specific words
Of the hand and gsating only decision
which has practically the pure food act Congress might
be successful
But decision another those which of late have
attracted attention because effect in multiplying carefully
matured legislation Processing to uphold the pure food law
proceeds destroy its effectiveness by declaring that the
presence of poisonous substances food proof of the
on of the law but that the Government must in trying
of this Sort that the substances present quantities
sufficient to injury to the health of the
1t is somewhat defaulter might escape punishment
because the bank he robbed strong enough bear its loss
without failing though convicted of burning house
should plead that the fame Of the match which touched off
was such little one.
The Supreme Court tells that -four may reasonably
poisonous without coming under the ban of the pure food law
But how shall be determined when the limit of in the
administration of posons in guse of food reached7 Are the
mes and beachers of -four go adding poisonous sub
stances until they have actually killed one7 Is it not
possible that poison that would 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
men points out with vgor that under this decision every
facurr purveyor of food may add to his product small
portion OF POISONOUS Coal tar be put
butter fomaldehyde milk nitrous acid -four arsenic
baking powder sulphur syrup potassium nitrate
in sausage and until the doctor says when the
bers of the Supreme Court sit down feast in which every
thing they eat and drink is slightly poisoned they may find
that the rule of will apply
The decision of the Supreme Court practically ties the
of the Government easy prove the presence poison
substances in food is impossible except in
cases. to that such substances present sufficient
quantity to be injurious to human health But poison
place in food in any quantity however small Manufacturers
putting there must have done for Interior purpose
detection in whatever quantity should be conclusive evidence
OF the violation of the law.
lower Court held it. but the Supreme Court reversed
the decision basng its opinion the phrase the
prohibits poisonous deeerous ingredients WHICH MAY
RENDER SUCH ARTICLE INJURIOUS TO HEALTH"
Who say that the very smallest particle of nitrous
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 on the
State the burden of proving that in given poison
detected present in quantities certainly hurfu health
After this decision the pure food law though never
had been passed.
Decisions of this sort make the people impatient They raise
and justfaby the cry for the recall of judges fat mega
ton of the whole theory of popular after
proposed law has been aaed years discussed in the press
and the platform debated all its phases by Congress- passed
and signed by the President took no part in the
discussion and which wholly ignorant of the of the case
should set aside all the fruit this long agitation by constituting
the law in a way its makers intended
Supreme Court decisions and more taking ON this
character and with each the dissatisfaction of the public
openly expressed The passage of law has ceased to
mean anything Attorney General objects to it he declines
to enforce it. the Supreme Court dsapproves it. the law
is nuhed The pure food law which stands as dead let
ter only the latest and most irritating instance this tend
ency to override the awmaking body of the nation.