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 it the law
that the highest court in the land has proclaimed it, but
duty Congress take such action shall make law
longer
congress do this? Sangune people of declare
can probable that with the specific words
of the hand and legatng only to decision
which has practically nufed the pure food act Congress might
be successful.
But the of those which of late have
attracted their effect multiplying carefully
matured legislation Processing uphold the pure food law
proceeds destroy its effectiveness by declaring that the
presence of poisonous substances food proof Of the
laon of the law but that the Government must trying
of this sort that the substances present quante
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 flame of the match which touched it off
such little one.
The Supreme Court tells that flour may be reasonably
poisonous without coming under the ban of the pure food law
But how shall be determined when the limit Of the
administration of poons guse of food reached? Are the
miers and beachers of flour go adding poisonous sub
stances until they have actually killed one? Is it
possible that amount of poison that would be harmless
of strong physique might kill weakng? 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 gor that under this decision every
faurer purveyor of food may add to his product small
portion of poisonous preventative Coal may
in butter fOrmaldehyde in milk nitrous acid in -four
in baking powder sulphur ioxide in syrup potassium
in sausage and until the says the mem
bers of the Supreme Court sit down feast which every
thing they eat and drink slightly poisoned they may find
that the rule of will not apply"
The decision of the Supreme Court practically hands
of the Government 1t easy prove the presence poison
substances in food 1t is impossible except extreme
to prove that such substances present sufficient
quantity to be injurious to human health But poison has
place in food any quantity however small Manufacturers
putting there must have done for Interior purpose It's
detection whatever quantity should be conclusive evidence
of the violation of the law.
lower court held but Supreme Court reversed
the decision basng its opinion the phrase in the law which
prohibits poisonous deleteous ingredients WHICH MAY
RENDER SUCH ARTICLE INJURIOUS TO HEALTH"
Who say that the very smallest particle nitrous acid
may not be injurious health? The court gave the people
the benefit Of the doubt declaring the presence poison any
quantity violation of the laws But the Supreme at one
stroke deprived the law of all practical by putting on the
detected was present in quantities certainly hurtfu 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 juiaby the cry for the recall of judges 1t fiat mega
ton of the whole theory of popular government that after
proposed law has been gaed years discussed in the press
and the platform debated all phases by Congress- passed
and signed by the President which took no part in the
discussion and which wholly ignorant the of the case
should set aside all the fruit of this long agitation by constituting
the law in way its makers never intended
Supreme Court decisions and more taking on this
character and with each the dissatisfaction of the public is
openly expressed The passage of law has ceased t
anything Attorney General objects to he declines
to enforce It, the Supreme Court disapproves it, the law
Is nuhed The pure food law which as dead let
ter only the latest and most irritating instance of this tend
ency to override the lawmakng body of the nation