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


beached unfortunate OF course it is the law
now that the highest land has proclaimed it. but
the duty Congress take such action as shall make law
longer.
Can congress do this? Sangune people of declare
that it can and indeed it probable that with the specific words
hand and legsang only to decision
practically nued the pure food act Congress might
be successful.
the another of those which Of late have
attracted attention because of their effect multiplying carefully
matured legislation Processing to uphold the food law
proceeds destroy its effectiveness by declaring that the
presence poisonous substances food proof of the
aon of the law but that the Government must in trying
of this that the substances present quantea
sufficient to injury to the health of the
1t is somewhat if defauer might escape punishment
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 off
such little
The Supreme Court tells US that may be reasonably
poisonous without coming under the ban of the pure food law
how shall it be determined when the limit the
administration of in gse Of food is reached? Are the
mers and beachers of -four to go adding poisonous sub
until they have actually killed one? Is it not
possible that poison that would be harmless to
of strong physique might kill wealng? 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
points out with vgor that under this decision every
facurer purveyo food may add to his product small
portion of poisonous presevave Coal dye may put
in butter fomaldhyde in milk nitrous acid in -four arsenic
in baking powder sulphur dioxde in syrup potassium nitrate
sausage until the says
bers of the Supreme Court sit down feast in which every
thing they eat and drink slightly poisoned they may find
that the rule of reason will not apply"
The decision Of the Supreme Court practically ties the hands
of the Government easy prove the presence of poison
substances in food 1t is impossible except in
to that such substances sufficient
quantity be injurious But poison has no
place in food in any quantity however small Manufacturers
putting it there must have done for Interior purpose
detection in whatever quantity should evidence
of the violation of the law.
lower court held it, but the Supreme Court reversed
the decision basing its opinion the phrase
prohibits poisonous deleteous ingredients WHICH MAY
RENDER SUCH ARTICLE INJURIOUS TO HEALTH"
Who say that the very smallest particle nitrous acid
not be injurious to health? The lower gave 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 by putting on the
State the burden of proving that any given poison
detected present quantities certainly hurtful 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 ustifably the cry for the recall of judges fiat mega
ton of the whole theory of popular government that after
proposed law has been gated years discussed in the press
and on the platform debated all its by Congress passed
and signed by the President which part in the
discussion and which wholly ignorant of the case
should set aside all the fruit of this long agitation by constituting
the law in a way its makers 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
anything If Attorney General objects to he declines
to enforce it. II the Supreme Court dsapproves it, the law
nued The food law which stands as dead let
ter is only the latest and most irritating this tend
ency to override the lawmaldng body of the nation