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 Sup

The decision of the United States Supreme Court in the
beached -four unfortunate Of it is the law
highest the land has proclaimed it, but
the duty Congress action shall make it law
no longer
Can congress do this? sanguine people Of declare
can probable that with the specific words
hand and gisang only decision
practically nued the pure food Congress might
be successful
But the decision another Of those which have
attracted attention because Of their effect in multiplying carefully
matured legislation Processing uphold the pure food law
proceeds destroy its effectiveness by declaring chat the
presence poisonous substances food proof Of the
aton of the law but that the Government must prove in trying
this sort that the substances present quante
sufficient to injury the health Of the
1t somewhat if deaulter might escape punishment
because the bank he robbed strong enough bear its
without failing though convicted Of burning house
should plead that the fame of the match which touched it off
such little
The Supreme US that -four may be reasonably
poisonous without coming under the ban Of the pure food law
But how shall be determined when the limit Of
administration Of poisons in gus of food reached? Are tho
mers and bleachers flour adding poisonous sub
stances until they have actually killed one? Is not
possible that amount of poison that would be harmless
of strong physique might kill weakng? 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 National Govern
points with vigor that under this every
facturer purVeyor Of food may add his product small
poron poisonous presefVaVe Coal
butter formadehyde milk nitrous acid -four arsenic
baking powder sulphur doxide syrup potassium nitrate
in sausage and until the doctor says when
bers of the Supreme Court sit down feast which every
thing they eat and drink slightly poisoned they may
that the rule of viii apply
The decision of the Supreme practically ties the hands
Of the Government easy prove the presence poison
substances in food It is impossible except in extreme
cases. 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 It's
detection in whatever quantity should be conclusive evidence
Of the violation Of the law.
lower held but the Supreme Court reversed
the decision basng its opinion the phrase the
prohibits poisonous deeerious ingredients WHICH MAY
RENDER SUCH ARTICLE INJURIOUS TO HEALTH"
Who say that the very smallest particle of nitrous acid
may not be injurious to health? The lower gave the people
the benefit of the doubt declaring the presence poison any
quantity violation Of the laws Supreme Court at one
stroke deprived the law of ali practical by putting on the
State the burden of proving that any given the poison
detected present in quantities certainly hurtfu to health
After this decision the pure food law though never
had been passed.
Decisions of this sort make the people impatient They raise
and ustihably the for the recall of judges fiat mega
ton OF the whole theory of popular government that after
proposed law has been agated years discussed in the press
and the platform debated in all its phases by Congress- passed
and signed by the President which part in the
discussion and which wholly ignorant of the merits Of the case
should set aside all the fruit Of this long agitation by constituting
the law in a way its makers never intended
Supreme Court decisions and taking on this
character and with each the dissatisfaction of the public
more openly expressed The passage law has ceased to
mean anything Attorney General objects to it he declines
to enforce it. If the Supreme Court dsapproves it. the law
is nulfed The food law which stands as dead let
ter is only the latest and most irritating instance Of this tend
enoy to override the lawmaling body Of the nation