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

The decision of United States Supreme Court in the
beachd -four CASE unfortunate Of it the law
that the highest court in the land has procamed but
the duty of Congress take such action as shall make law
no longer.
Can congress do thsP Sangune people declare
can indeed probable that with the specific words
Of the hand and legatng only to decision
which has practically nued the pure food act Congress might
be successful.
But the decision is another one of those which
attracted attention of their effect multiplying carefully
maured legislation Processing to uphold the food law
it proceeds destroy its effectiveness by declaring that the
presence poisonous substances in food is proof Of the vo
on Of the law but that the Government must prove in trying
of this that the substances present in quantities
sufficient injury the health of the
1t ssomewhat if defaulter might escape punishment
the bank he robbed strong enough bear its loss
without falling 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 be reasonably
poisonous without coming under the ban of the pure food law
But how shall it be determined when the limit of the
administration of poson guise of food is reached? Are the
mers and beachers of flour to adding poisonous sub
stances until they have actually killed one? Is it not
possible that amount of poison that would be harmless
Of strong physique might kill weangP Was the pure food
law passed for the protection of the strong alone7
DR. Harvey W. Wiley who has had fight for his pure
food law against all three branches of the National Govern
men points out with vgor that under this decision every
facure purveyor of food may add to his product small
portion Of poisonous preservave Coal dye may
in butter formaldehyde milk nitrous acid in four arsenic
in baking powder sulphur oxde in syrup potassium nitrate
in sausage and until the doctor says when the
brs of the Supreme Court sit down feast in which every
thing they eat and drinks slightly poisoned they may find
that the rule of reason will not apply"
The decision the Supreme Court practically
Of the Government 1t prove the presence of poison
substances in food is impossible except in
prove that such substances present sufficient
quantity to be injurious to human health But poison has
place in food in any quantity however small Manufacturers
putting there must have done for Interior purpose
detection whatever quantity should be conclusive evidence
Of the violation of the law.
lower court held it. but the Supreme reversed
the decision basng its opinion the phrase the which
prohibits poisonous deeterous ingredients WHICH MAY
RENDER SUCH ARTICLE INJURIOUS TO HEALTH"
Who that the smallest particle of nitrous
may be injurious health? The gave the people
the benefit of the doubt declaring the presence poison any
quantity violation of the laws But the Supreme Court at one
stroke deprived the law of all practical value by putting on the
State the burden of proving that any given the poison
detected in quantities certainly hurtfu to health
After this decision the pure food law though it never
had been passed.
Decisions of this sort make the people impatient They raise
and justhaby the cry for the recall of judges fat mega
ton Of the whole theory of popular that after
proposed law has been agted for years. discussed the press
and the platform debated all its phases by Congress passed
and signed by the President court which took part the
discussion and which is wholly ignorant of the the case
should set aside all the fruit of this long agitation constituting
the law in way its makers intended.
Supreme Court decisions taking on this
character and with each the dissatisfaction of the public is
openly expressed The passage law has ceased to
mean anything Attorney General objects to he declines
to enforce it. the Supreme Court dsapproves it. the law
nuhed The pure food law which now stands as dead let
ter only the latest and most irritating instance of this tend
ency to override the lawmaldng body of the nation.