Harrisburg telegraph. [volume] (Harrisburg, Pa.) 1879-1948, 1916-10-02

species. There Is no way of distin-
gushing between the harmless and
virulent variety of streptococci in the
ordinary process of examining milk:
but the studies which ahve been made
on streptococci from the intestines of
animals show very frequently that
they are of the disease-producing va
riety. The presence of b. coll and
streptococci indicates filth.
When Dade was convicted the case
was carried by the milkmen to the
Court of Appeals of the District of
Columbia The Court of Appeals con-
CURED in the Judgment of the lower
court. handing down the following
opinion. written by Chief Justice Shep-
herd:
When B. coll are present in milk
they always occur from either direct
or indirect fecal deposits therein; di-
rectly from carelessness in permitting
particles of feces to get into the milk
during the process of milking or
handling; indirectly through water and
air, where the bacillus Is found-ori-
ginally derived. however, from animal
feces.
while milk may be perfectly
sterile in the udder of the healthy
cow. streptococci may be found in milk
taken from a diseased udder.
'"The growth of bacteria invariably
results in the chemical and natural
decomposition of the substance in
which they grow. The bacteria de-
velop and die in rapid succession, caus-
ing natural decomposition.
THE case was not prosecuted upon
the assumption that bacteria as llv-
ing organisms are in themselves either
filthy, decomposed. or putrid, but upon
the theory, as fully sustained by the
evidence that the bacteria constantly
develop and die. causing decomposition;
that the colon bacilli and streptococci
found in the milk established the pres
ence of fecal matter; that streptococci,
especially. are menace to health; that
whether the streptococci came into the
milk through fecal deposit or from a
diseased condition of the cow or from
diseased condition of those handling
the milk, the vice is the same.
! Public opinion, keeping pace with
an advancing civilization, Is the pro-
gressive factor which calls for an al
legged invasion of private rights for
the public good and which prompts
courts to give greater elasticity to
constitutional limitations.
I'm f1eXibility of construction lies
the possibility of progress and the vi
tality of the constitution. Therefore
some of the technical distinctions
sought to be applied by counsel for
the plaintiff in error in constituting the
act before us may be disposed of by
the suggestion that food offered for
sale in q filthy, decompoSed or putrid
condition, caused either from an in
herent condition or an external sub
stance neither filthy, decomposed, nor
putrid in itself, but which causes the
food containing 1t to decompose or
become filthy, or putrid, will be held to
come within the act.
Not only did the milk in question
contain bacteria of the colon group,
but. as incident thereto, fecal matter,
all of which may, be eliminated by
the adoption of cleanly methods in
handling this product, as has been
done in many of the States which have
established a fixed standard for mar
ketable milk, whereby milk found to
contain greater number of bacteria
than that fixed by such standards
should be condemned.
Owing to the great difficulty which
may be encountered in justly enforcing
! the act, in the absence of a hxed stand
ard defining what Is marketable, pure,
and impure milk, 1t may well be that
Congress should give attention to such
standards so that they may come with
| in the condemnation of the law.
with the fact scientifically. demon
strated that contaminated milk is
dominating fact or in the propagation
| of tuberculosis. typhoid fever, scarlet
fever, diphtheria, infant diarrhoea
and other diseases. the subject in inn
portance Is one of the first magnitude.
The judgment is affirmed with costs.
and it is so ordered"
When such an opinion as this failed
| to deter the enemies of pure, clean
and safe milk from further efforts to
block all legislation aimed against
dirty and unsafe milk, every house
wife may we'll ask the question, What
are the facts concerning the milk which
III am supplying to my own family?"