Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-03-09
Supreme Court of the United
States Kills Pure Food Law

The decision of United States Supreme Court in the
beached -four case unfortunate Of it the law
that the highest court in the land has proclaimed It, but
it the duty of Congress take such action shall make law
longer.
congress do this? sangune people of declare
that indeed probable that with the specific words
of the hand legang only decision
which practically nued pure fcod Congress might
be successful.
another Of late have
attracted attention because of their effect multiplying carefully
matured legislation Processing uphold the pure food law
proceeds destroy its effectiveness by declaring the
poisonous substances food proof
aton Of the law but that the Government must trying
of this sort that the substances present quantities
sufficient to injury to the health of the
1t is somewhat defauter might escape punishment
because the bank he robbed strong enough
without failing though convicted of burning house
should plead that the fame the match which touched off
such little one
The Supreme Court tells may be reasonably
poisonous without coming under the ban the pure food law
But how shall it be determined when the reason the
administration of posons in guse of food reached9
mer and bleaChes of -four 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
law passed for the protection of the strong alone7
Dr. Harvey W. Wiley, who has had to fight his pure
food law against all three branches of the National Govern
men points out with ygor that under this decision every
facturer purveyor u food may add his product
poron some poisonous preservae Coal tar
in butter formadehyde in milk nitrous -four arsenic
in baking powder sulphur dioxde syrup potassium nitrate
in sausage and until the doctor says the mem
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 practically ties the hands
of the Government 1t prove the poison
Gus substances in food 1t is impossible except extreme
cases to that such substances present sufficient
quantity to be injurious to human health But poison no
place in food in any quantity however small Manufacturers
putting there must have done for purpose Its
detection in whatever quantity should be evidence
of the violation of the law
lower court held it, Supreme Court reversed
the decision bang its opinion the phrase law which
prohibits poisonous deeteous ingredients WHICH MAY
RENDER SUCH ARTICLE INJURIOUS TO HEALTH"
Who can that the very smallest particle nitrous acid
not be injurious heah The gave the people
the benefit of the doubt declaring the poison in any
quantity violation Of the laws But the Supreme
stroke deprived the law of all practical by putting on the
state the burden OF proving that given poison
detected present in quantities certainly to health
After this decision the pure food as though never
had been passed.
Decisions of this people impatient They raise
and ustfaby the cry for the recall judges is fiat mega
on of the whole theory popular government that after
proposed law has been ataed for years. the press
and on the PLATFORM debated all its phases by Congress passed
and signed by the President which no part in the
discussion and which wholly ignorant of the the case
should set aside all the fruit of this long agitation by CONSUMING
the law in way its makers Intended
Supreme Court decisions and more taking on this
character and with each the dissatisfaction the public is
openly expressed passage of law has ceased 70
anything Attorney General objects to it he declines
to enforce it. the Supreme Court disapproves it the law
is nuifed The food law which stands as dead let
only the and most irritating instance If tbis +nd
ency to override the lawmaling body of the nation