The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-02-26
FOOD AND DRUGS LAW
KILLED, SAYS WILEY
Father Of the Legislation De.
clares Supreme Courts Deci.
sion Renders Act Impotent
LA TOILETTE TO DEFENCE
May Offer Amendment to Re.
peal Clause Responsible for
Lax Construction.

WASHINGTON. Feb 25.--Senator In
Toilette showed concern to-day over the
decision Of the Supreme Court YESTERDAY
in the bleached -four case which It Il
conceded by friends Of the pure food law
and by Federal officers. will hamper m,
Federal Government In administering thu
law.
Senator La Toilette expects TO procure
a copy Of the opinion and TO confer with
officers OF the Department of Agriculture,
and may decide to offer an amendment 10
the food and drugs act that viii strike
out Of the law the qualifying words re-
ferred to by Justice Day in the opinion
he rendered in the case YESTERDAY.
The belief was generally expressed tina.
an effort will be made to amend the lsv
SO as to avoid the restrictions imposed b.
the Supreme Court, restrictions that wi.
oblige the Government, In order to lib.
a treated or aduiterated food. 20 prove
that the added substance Is present Ia
sufficient quantity to inJure health.
oficials OF the Department OF Agriculture
acknowledged to-day that the decision Of
the court Is the most severe blow yet
delivered against the enforcement OF the
pure food law.
wiley Reviews situation.
DR.. Harvey w. Wiley. former head O,
the bureau OF chemistry. declared to-day
that the action of the court had killed
the pure food and drugs law
"The Supreme Court" he said, gave
a body blow TO the drug section OF the
law when it announced. In the johnson
cancer case, that the clause forblddlns
false and misleading statements applied
only TO the constituents Of the medicine
and not to its drug properties. Congress
at once proceeded to correct the tau;
po,nted out BY enacting the clause bring
ing cura tive claims into the scope OF n
law.
Il sincerely hope that similar action
will be taken in the case OF the present
decision.
ITO permit the unrestricted sddltio'
OF poisons to foods. unles. such can Be-
proved specifically injurious. parsiys''
that sect ion of the law relating 10 harm
'ul adulter tons as completely az ne
former decision paralyzed the drug sec
ton.
Oae Phrnse Responsible.
TN these two decisions the Suprtn.
Court has killed the food and drug law
Under the present decision a man NAV
add traces OF arsenic to food with in
punity Strychnine and other drugs OF
poisonous character may also be thus
added The fault according 10 the 81
preme Court decision, consists in tt
phrase which may prove harmful u"
health The people should call On Con
cress Immediately To strike out tnAt
phrase. The supreme Court Is the hisres
judicial. body In the land. No appeal. ca
cept to Congress itself can be taken RON
its decisions. II Congress Will repe al no
above phrase the food law will h- I'M
menseiy stronger than ever before.
Happily the ethical spirit OF manu'sc.
turers will prevent this dec sion from
being a general threat. 1t Is true thar
every adultcrator will hail this dec 80
with delight
Ninety five per cent. of the miilers o.
.his country WIN refuse to avail Thorn
selves OF this decision ana will cunta-.
to 20 as they do al present-to 70
gard -four product of the Mullins
OF wheat and not as synthetic prolN'
OF the laboratory"