davidaulloa/AmericanStories huggingface dataset:
The Washington times., 1922-04-09

have been impaired. and plaintiff is in-
formed and believes that such deprivation
and impairment viii continue for long
time TO come" Bf N.
The defense offered by the bskery's law
yer consisted mostly of testimony to show
that the plant was a new one and that the
machinery and sanitary appliances were of
the latest type On cross-eramination the
bakery's chief engineer admitted that such
a substance as mouse could be crushed
In the machinery and baked with a loaf
The whole operation of baking was de-
scribed and illustrated with photographs
The dough was left to rise, uncovered, for
an hour and a half. About 100000 loaves
OF bread were turned out daily at the
plant. IL was testified. and $500 bags OF
-four and 30 to so bags of sugar-three
weeks supplies-were kept on hand. How
ever, the defense admitted that where
there was food there we're mice. no mat.
ter what precautions they might take.
In short, the defense replied to the
Engel charges that the bakery had done
all II could be expected to do In the way
The Washington times., 1922-04-09
Mrs. Engel and the Two Children
at Atlantic City Trying to For
get the Unpleasant Breakfast
Episode the Morning Before
Thanksgiving.

for making their pies fit to eat without
any delaterious substances in them. And
they reviewed case in New Jersey, where
It was held that
Irrespective of the presence or absence
OF contractural obligations arising out OF
the dealings between manufacturer and re-
taller, and between retailer and consumer,
the manufacturer of canned goods is under
the duty. to him who, in the ordinary
course of trade, becomes the ultimate con.
Nsumer, to exercise care that the goods
which he puts into the cans and sells to
retail dealers, to the end that such dealers
may sell the same to customers and pa
irons as food, are wholesome and fit for
food, and not tainted with poison The
court said In that case:
"'When the manufacturer puts the goods
upon the market in this form for sale or
consumption, he In effect represents to
each purchaser that the contents OF the
can are suited to the purpose for which It
is sold, the same as II an express repre-
sentation to the effect were imprinted on
the label,
we are therefore of the opinion that
the defendant, which manufactured this
cake In question, and which placed the
same upon the market for sale, and sold
the same to the retailer, knowing that the
latter was to dispose of the cake to Gus
toner, impliedly warranted that said cake
was wholesome and fit for human COM
sumption, and that II did not contain the
wire or nail which injured the plaintiff
that said implied warranty of the defea
dant extended to the plaintiff, the ultimate
consumer OF the cake, and she is entitled
to recover the pecuhiary damages which
she suffered as the result OF the breach
of said implied warranty"
And so Judge May told the fury that the
Engels were entitled to compensation y
they found that the bakery had baked tha
mouse into that loaf of bread, no matter
whether the bakery people were using up
to-date machinery and their bakery hands
were wearing white gloves
The jury retired, taking the loaf and the
bakery photographs along and thought II
over for an hour. Then they announced
that they thought Mrs. Engel entitled TO
$1,000 and Mr.. Engel to 800.
The Washington times., 1922-04-09

found that she weighed III pounds. which
she has not yet regained. A few weeks
ago.. 1t was sworn that she weighed only
122 pounds, and was still nervous and
delicate
But II was not only her own condition
that worried Mrs. Engel She was still
nursing Baby Henry, of course, and since
the continuous nausea had set in her milk
had begun to dry up. Baby had become
fretful and somewhat Ill himself.
DR.. Ogden said later that this was the
first real illness Mrs. Engel had suffered.
He prescribed light diet OF her fsvorite
dainties and told her not to try and force
herself to eat them, but merely to try
often to take mouthful or two. Fur
ther. he told her to stay In bed for a few
weeks. and meantime to wean Baby Henry.
II would be detrimental TO nurse the little
fellow, he thought, even II Mrs. Engel
were able
corner grocer the loaf OF bread with the
mouse In II, and the grocer had reported
the matter to the bakery company that
supplied him with the bread. Mr.. Engers
mates at the irehouse had advised him
to keep the loaf. And few days after.
ward he was visited by a representative
OF the bakery company, he says. and was
offered s75 for his signature to a document
releasing the company from all claims 10
damages. He refused to sign.
The Washington times., 1922-04-09

OF sanitation, and that mouse baked In
their bread was something they could not
help. The defendants lawyer. In talking
to the Jury. characterized the matter as
Joke, and this seemed to make an unpleas
ant impression on the jury. The matter
should have been brought before q Munich
pal Court. he said. and there thrown out
OF course, the statement that the case
was a joke gave the Engers counsel an
opportunity to point out to the jury that
case involving the purity Of food was
nothing to laugh about. The mere fact
that the bakery used new machinery and
made their employees wear white gloves
was not sufficient, Lawyers Brennan and
Flamman said. A careful and unceasing
inspection by men anxious to keep the
bread pure was needed In addition.
After all the arguments and counter
arguments, claims and counter-cIaims that
the bakery had done the best II could, and
that II the mouse got into the bread they
could not help 1t, and that, anyhow, II the
Engels had any claim for damages It
should be brought against the little grocer
on the corner who sold the loaf and not
against the baker who baked it-after all,
the case simmered down to the broad prin-
ciple of law which has already been men.
toned earlier on this page in the famous
case OF "Chysky VS.. Drake Bros"
In this well-known law suit. which went
up to the New York State Court OF Ap.
peals, the principle of responsibility of the
maker of food products was firmly estab-
lished
In the Chysky suit New York woman,
room. When the young woman got home
she cut the cake. began to eat slice of
II and screamed in pain
Putting her hand TO her mouth she was
distressed to find little tricklc OF blood;
and her teeth and tongue detected a sharp
wire nail which had been hidden In the
cake.
Miss Chysky suffered little from pain
for day or two, and then the roof OF her
mouth began TO swell up and got sore, and
the Inflammation spread to her gums and
teeth. The pain grew worse, the gums and
roots OF the teeth became infected. She
went to doctors and dentists, and after
spending considerable money lost four Of
her teeth. ~
II seemed to Miss Chysiy that somebody
ought to reimburse her for the loss Of time,
sleep and teeth, and suit was brought
against the bakery that baked the cake;
but as 1t often happens, the Judge In the
lower court guessed wrong and threw out
the suit. But Bertha's lawyers had sense
enough 10 realize that the Judge had
poor notion of the law, and they carried
It up on appeal, and won their contention
that the bakery could be held responsible
for baking that nail into the Loaf of cake.
The learned judges vent over the whole
ground and looked up the law as decided
In similar cases In other States. They
pointed to q case In Kansas, where the
manufacturer OF pies was held responsible
The Washington times., 1922-04-09
The Knife Went ON Through the
Loaf. Mrs. EngeI Baftercd Her
Slice of Bread and Took a Look
---and Then She Tainted.

TTHE little family group were at break
fast. Henry EngeI. OF the New York
Fire Department, was seated, with
his wife and their two-year-old daughter.
Marie, at the table in the dining room of
their Brooklyn apartment
Something queer about this bread"
said Mr.. Engel as he took, the first bite
of well-buttered slice ~
Nonsense" said Mrs. Engel. SITS nice
and fresh. And you must finish your
Slice" turning to. little Marie Engel 'or
you'll never grow up big girl Look how
mamma eats hers" And she started to
slice of a piece for herself
Half way through the loaf Mrs. Engel
paused for a moment, and fixing her gaze
on her husband said in mild reproof:
Henry, you oughnt to find fault with
the food, because It encourages Marie to
fuss and gives her an excuse for not eating
her meals. 1t is important for a growing
child to eat well Marie's appetite is
none too good"
The knife went on through. the loaf and
Mrs. Enga buttered her slice of bread.
Then her eyes happened to glance at the
loaf She leaned forward and peered In
tently at IT,
Good heavens!" Mrs. Engel gasped, and
half rose from the table. "It's a. But
she had tainted
The knife had sliced down past the crisp,
brown body of mouse. which was revealed
almost as perfect. even to its little beady
eyes, as If 1t were alive and nesting in its
bed of bread.
That was the morning OF November "a,
1920, date that the Engels will never
forget, because IL was the day before a
Thanksgiving, when none OF them cared
to eat any of the nice dinner they had
looked forward to.
A few weeks ago jury In the Brooklyn
Supreme Court brought In verdict >of
s1,100 damages in favor of the Engels
against the company that baked the mouse
In the loaf For not only had the dis
covery of the mouse spoiled the Engel
appetites, but II had made Mrs. Engel so
III, she testified, that she was confined to
the house for eight weeks, lost twenty
hounds in five days and was unable to
nurse babysHenry Engel, then eight months
old.
Not only on Thanksgiving Day was Mrs.
Engel so upset that she could not eat, but
for five days afterward. The continuous
nausea weakened her; she could not sleep
and became extremely nervous. Time and
again when Mr. Engel tried to coax her to
eat the dainty tid-bits that he brought her
she became hysterical She grew thin and
pale. Even in so short space of time
her loss of weight was apparent.
On the Monday following the unpleasant
Incident Mrs. Engel consulted her ply
sician, Or. George 8. Ogden, who. as he
testified later. had known and treated her
for years. DIR. Ogden had weighed her
only short time before the discovery OF
the mouse. he said. and the scales showed
1st pounds. When she came TO him hve
days after eating the mousy bread. he
The Washington times., 1922-04-09

vs.. Drake Brpthsrs. fs2 N. Y.
Supp, decided BY tht Appel
late Division of thAfIrst d
partment. May ss. 1890 IN
which IL was held that the
manufacturer of food pro-
ducts known to be .sold TO
consumers does so Under an
implied warranty OF the at
ness Of the goods for human
consumption. which war
ranty inures to the benefit
OF the consumer.
Boiled down to plain Eng
lish, this legal language
means that when a manufac-
turer offers food for sale the
consumer has a right to ex-
pect that the product is at
10 eat.
She further sued on the
ground of negligence, which
In effect, that she
charged the bakery had care
lessly allowed "a certain
animal. to wit, a
mouse. injurious to
u health and human
consumption" to re-
- main In the bread.
Henry Engel's suit
asked damages In re-
paym ent of tn o
money he had spent
for medicine and doc
tors bills for his
- wife, and because he
"has been deprived
of the services of his
said wife, and his
on comfort and happi-
d. ness in her society
and companionshin
The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, 1922-12-29

of agriculture, it was added, and sat-
isfaction with the assistance rendered
has been expressed to the corporation
in countless ways.
Large as is the number of advanc-
es made by the corporation" the re-
port said, at falls far short of indi-
eating the number of farmers who
benefited from them; for even those
farmers who have had no financial as
sistance, directly or indirectly, have
nevertheless been aided by the situa-
ton in their own communities, In
neighboring districts and in the coun-
try as whole, as well as by the sta-
bilization of markets for the Macy
products of agriculture"
The report added that the gradual
decrease in the number of applicss-
tions for loans further reflected the
general benefit which the corpora
tons operations have had on the ag-
ricultural credit situation. Advances
for agricultural and live stock pure
poses totalling $433, 447 900 in on
states had been approved up to No
vember 80. Of this, $182,850, 900
went to 4400 banking institutions,
$77,761 900 to 113 live stock loan
companies, $172,S27, 900 to 80 coop
erative marketing associations.
The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, 1922-12-29

would add to the burden of taxation
in the state.
OF the 1923 proposals before the
committees not more than one-tenth
have found place in whole or in part
into reports to the convention. Many
had merit but were legislative in char
acter and thus had no place in the
fundamental law. Others were toe
radical in nature to meet the approx
al of the committees after careful
consideration. There has been a dis
position on the part of a majority OF
the members to make as few changes
as possible in the old constitution
and the result is that there will be
comparatively little matter in the doc.
ument when submitted to the people
The new features will be important
however, and it is believed will ap.
peal to the people when they realize
their full import.
No change was made by the con-
vention in the preamble and boun.
daries and but few in the bill Of
rights. Section 8 of the old constitu.
ton, relating to religious corpora.
tions, was eliminated after substi.
tutes had been suggested placing Ger.
tain limitations on the general as.
sembly in its dealings with religious
corporations. With the section elm.
mated the full power rests with the
legislative body. No other change Of
Importance was made in the bill OF
rights, which remains practically ir
the same form as at present. One
new section provides that "the right
of citizens of Missouri to vote or holc
office shall not be denied or abridged
on account of race, color or SEX"
In the draft of the Committee or
Legislation adopted by the convention
the time of the biennial session of the
general assembly is limited to sixty
days and the pay Of members in.
creased to $40 per day for sixty days
with 81 per day for additional days
The clerical expense is, however, cut
to $500 per day in the house and $500
in the senate. This would represent
in the opinion of the committee, Q
saving of from $4,000 to 100000 q
, session.
This report also provides that va
cancies occurring in either house with.
in twenty days of the converting Of
the general assembly shall be filled by
appointment of the governor, the
member so appointed to serve for the
unexpired term. This is to save ex.
pense of special elections and give
the districts representation without
delay. Provision is made for chang.
ing the fiscal year so that it will be.
gin on July instead of January /
This will save state institutions EN-.
barrassment now experienced in hav.
! ing to wait for money until after the
The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, 1922-12-29
NEWS OF THE CONSTI-
TUTIONAL CONVENTION

Written by J. S. Hubbard, Executive
Secretary of the Missouri Press
Association.)
jefferson City, Dec. 23.-When the
Constitution Convention recessed on
Dec. Is it had been in session. Just
seven months from the time Of con-
vening on May Is. In that time 1923
proposals and the whole of the old
constitution had been considered by
fourteen committees and studied
thoroughly. These committees had
made reports to the convention, eight
of the reports had been considered
and passed by the committee Of the
whole and the convention and are In
the hands of the committee on Phrase
ology and Arrangement, one other
had been passed by the Committee OF
the whole and another partly COM
pleted by the committee OF the whole.
If it had not been that the general
assembly would need all the room
available in the capitol on January l
or if other suitable quarters could
have been obtained the delegates
would have preferred to go on and
complete the work, which could have
been done by mid-winter. But when it
became apparent that the end could
not be reached by the close of the
year it was thought best to take re-
cess until after the general assembly
was through with its session and to
re-convene on April 10th.
While there have been some inter-
ruptions in the work the delegates
have forged steadily forward and
much more has been accomplished
than a cursory view might reveal
There has been no disposition on the
part of the members to consume I'M
necessary time or expense. The en-
tire cost up to the present time has
been less than 10 cents per capita to
the taxpayers. This feature will be
negligible if a document is written
which will stand the test for half q
century or more and result in the saw
ing of millions to the taxpayers Of
Missouri, result which is the hope Of
the convention members.
Outstanding features in the pro-
gram of economy are provisions for a
budget system for limiting state ex-
peulses; placing limit on the number
of state departments and boards, I'M
der proper control, and cutting down
the general expense Of the legislature.
Nothing in the draft SO far consid-
erred contains any hint of increased
expenses or taxation. All through
the debates the thought Of conserving
the interests of the people has been
uppermost and they may rest assured
that no measure will find favor which
The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, 1922-12-29
M. r. & B. T. Ry. Trains
NORTH BOUND

sity and public schools are recognized
in section giving the general as
sembly right to retain, establish and
maintain such other free educational
institutions as the educational needs
of the state may demand.
Reading the Bible in the public
schools is provided by the section on
religious or sectarian schools by the
statement that "this section shall not
be construed to prohibit the reading
of any version Of the Holy Scriptures
in the public schools of the state"
The report that will probably occu-
Ply the attention of the convention for
the longest time when it reconvenes
is that of the Committee on Taxation
which spent five months in considering
sixty-nine proposals and the whole of
Article x of the 1875 constitution.
Among the important provisions of
the majority of the committee is one
giving the general assembly power to
classify for purposes of taxation
notes, bonds and other intangibles
and to apply lower rate than for
real and personal property. The the
DRY is that it will bring these securi-
ties out of hiding if small rate is
imposed. 1t was stated in the COM
mittee that only Z per cent of such
securities were reported in st. Louis,
while in the country districts from
rs to 80 per cent were reported, in
some cases.
A state tax commission is recon-
mended in place of the present body
4oA1 s.
The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, 1922-12-29
ii PER CENT. OF MONEY
LOANED TO FARMERS
REPAID WHEN DUE

Washington, December 21.-THe
American farmers have demonstrated
that when properly financed he can
weather the worst economic storms,
the War Finance Corporation declar-
ed in it's annual report sent to Con-
gress today. The report set forth
that. Al per cent of the money adj
vanced to the agricultural industry
had been repaid either in advance Of
maturity or when due.
Advances by the corporation saved
the industry many millions of dollars,
the report declared, explaining that
the corporations officers believed its
activity had proved as beneficial in the
restoration of confidence as in the &C.
tual pouring of cash into spots where
credit was highest. The loans had
made it possible for thousands Of
farmers to handle their products in
an orderly fashion, it was added, and
the confidence instilled in then
through the knowledge that money
was available. acted as stabilizer
the value of which, the report said
could not be estimated.
at is impossible" the report con.
tinued, ito estimate the full effect Of
the aid given, by the corporation t.
| the live stosk industry, because ca
fIamities that are averted can never
be measured. 1t is generally recog-
lnized, however, that by providing al
Wit did financing for more than 5000,
600 head of livestock, the corporation
checked. the decentralization in the in
dustry, gave the stockmen breathing
spell, stabilized the market AMI
turned the tide away from disastel
toward recovery and reconstruction
The effect of the corporations &C
Itivity on the live stock industry wal
Typical Of that on many other phases
The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, 1922-12-29
sPARING HIS Feelings

II want word Of advice"
well" replied Mr.. Wadleigh,
grimly.
'What is the best way to approaeh
you for loan.
'If you are sensitive, you had Bet
ter write for it, and when you get my
reply tear it up without reading ~
Birmingham Age-Herald.
The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, 1922-12-29
nnn Cures Malaria. ChilIs and
UUU Fever. Dengue or Bilious
Fever.
NOTICE OF FINAL SETTLEMENT

Notice is hereby given to all credi-
tors and others, interested in the es-
tate of Eugene p. Thurman, deceased,
that !, Louella Thurman, executrix of
said estate, intend to make final set
tlcment thereof at the next term Of
the Probate Court of ST. Francois
County. State of Missouri, to be held
at Harrington, on the 18th day Of Jan
uary, 1928.
LOUELLA THURMAN, Executrix.
Dec. 8, is, %, 20, Jan. 5.
The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, 1922-12-29
Nineteen
Twenty-Three

But It will be well not to put too mach
faith In resolutions. Resolutions are
often the vapOrs Of auto.intoxicatlon.
They are the rainbows that succeed
the last storm, before the tears hare
dried up. They are tho halos that we
place upon our heads too soon. They
are the thin Ice that glitters but Aets
us through.
There is more power In resolution.
II man can overcome himself he has
conquered his worst enemy. He VIII
have to use both fists to knock himself
out and both feet to kick himself out !,
he will have to get himself down and
sit upon himself before he can be-
himself.
This is worth while, but II Is un--
pleasant and difficult. Resolutions are.
apt to fail before 1t or be entirely for
gotten, but resolution can do it and
have force to spare. As poet has
said:
80 nigh Is grandeur to our dust.
30 near 10 God to man,
When Duty whispers low. Thou must.
The youth replies, can.
The Farmington times. (Farmington, St. Francois County, Mo.) 1905-1926, 1922-12-29
TIL BOUND TRAINS

Noe. 233 anil arrive at DeLassus II rs o. M and 1850
injection with Missouri Pacific Belmont Branch Trains.
daiv .'ts
Rockingham post-dispatch., 1922-12-29
Live Wires.


A special department is created
fer the Post-Dispatch for the next
four months, in which will appear
each week some snappy and read
able advertising paragraphs from
ten Rockingham firms. Those firms
using this Live Wire" column, SO
far, are:
Fox Drug Store,
w. L. McNair, furniture;
McLaurin's Meat Markets;
Whistle Bottling Works;
Helms & Co., jewelers.;
Busy Bee Cafe;
Bank Of Rockingham;
Modern Pressing Club;
Richmond B. & l.. Association;
Everybody's Service Station.