The Washington times., 1917-04-06

procured upon application wherever
conditions warrant, 1t is assumed
that any farm which is producing
milk under proper sanitary conditions
would take the trouble to procure the
necessary permit.
Not only is milk brought into
Washington and retailed here from
unlicensed farms, but large ship
ments also have been brought in from
creameries in Philadelphia and New
York, which have no permits to ship
into the District These shipments
come into Washington at irregular
periods, making 1t difficult for the
health inspectors to detect IL, and
always increase in frequency when
there Is q shortage. The Health De
partment has no information as to
the conditions under, which this milk
is produced, and under conditions
which have existed during the last
two years has been helpless to pre-
vent it's importation into the District.
The records Of the Health Depart
ment also show that milk has been
brought into Washington from New
York which was labeled "Grade B"
milk. This milk is from farms with
low scores for herds and sanitary con-
OlIlOnS, ana cannot pc sOlQ IN Ne"
York as "first class" milk.
1t is pointed out further that while
most of a dealers milk may come
from properly authorized sources, a
very small proportion OF unsanitary
or unsafe milk might contaminate
the entire output for the day, since
It, with other milk, Is dumped into
large watts and thoroughly mixed.
Test Case Pending.
Assistant Corporation Counsel
George TaggSrt, who has charge of
prosecution of the milk cases in the
District branch Of the Police Court,
made the following statement:
"It is true that there now are pend
ing in this office. as well as in the
office of the United States Attorney,
quite a few cases involving violations
of the act of 1895 regulating the sale
of ,unwholesome food in the District.
and among these cases are several
violations OF this statute regarding
the sale OF milk.
"whiIe can only speak authorita-
lively regarding the cases which are
pending in the District branch OF the
Police Court, I do know from confer
ences which have had with different
representatives of the United States
Attorneys office, during tbe last two
years, that there are a great many
cases pending there on complaints
against milk dealers whose product
did not conform to the standard set
by the statute. These cases have, OF
course, been held up pending q de-
cision in the test case against Hart
ranft, a local milk dealer. This case
has been pending in the Supreme
Court OF the United States, I believe.
for two years or more.
'The delay in the District branch
of the Police Court in the prosecu-
tion of all complaints from the health
inspectors regarding violations of this
local status hinges upon a question of
law. 1t is maintained by counsel for
the defendants in these cases that the
Federal pure food and drug act of
1905 supersedes and repeals all OF the
local laws and ordinances covering
the same subject matter.
"This question has been argued on
several occasions during the last two or
three years here in the District branch
Of the Police Court but none Of the peo-
pie charged has seen ht to go to the
Court Of Appeals. and have the matter
finally settled.
we have waited for some time for a
decision in the Hartranft case in the
hope that the Supreme Court in its dis
cussion of the points involved in that
case might throw some light upon the |
whole subject matter.
81 finally tired OF waiting for someone
to- take an appeal In one OF these cases
of this side OF the court, and had the |
judge on my motion certify. under |
authority granted by a section OF the |
code. one OF these cases In which a |
Jurisdicti6nal question is raised. TO the |
Court Of Appeals. A decision by the |
Court OF Appeals on this point will |
definitely settle the much mooted ques- |
ton Of whether or not prosecutions in !
these food cases should be brought By |
the United States Attorney. under the |
Federal pure food and drug act, or in |
the name Of the District OF Columbia |
by the Corporation Counsel, under this |
local statute OF 1896"