South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-11-17
JELLISON CLAIMS
BAKERS WAR IS
BACK OF ATTACK
Defends Refusal TO Issue War
rants on Ground Law Is
Not Applicable.

Floyd o. Jeuison. prosecuting at
torney. arose TO his own defense
last night after he had read news
accounts that c. l. Hutchins state
food inspector. had charged him
with being derelict IN his duty Ia
refusing 20 prosecute bakeries which
collect stale bread. In imprisoned
oratory. Mr.. Jelllson upheld his
stand and said there was a diver
gence OF views as 10 how any such
law violation should be stopped.
Mr.. Hutchlns proposed that I
issue warrants and bring these men
70 time" Mr.. Jellison said. II Fro
posed that we bring these alleged
violators into a conference and
have a frank discussion. He quoted
me as saying that I refused TO issue
warrants because I did not wish 10
arrest prominent men.
Nothing is further from the
truth. do not believe II is always
necessary 10 arrest a number Of
men TO obtain law enforcement.
There are easier and better means.
Why clog the courts with cases IN
which no jury would convict7
Charge No Jurisdiction.
The statute regulating collec-
tons or stale bread Is TO prevent
dissemination OF bad food The
bread collected here IS used as hog
feed. The state board OF health. II
seems to me, lacks authority to reg
ulate hog feed.
Besides. this action is only an
other bakers war. Mr.. HutChins
did not say so. but II IS quite APP
parent"
statement az 10 his alleged refusal
10 cOuntenance warrants for arrest
OF meat dealers charged with adul-
terating meats. doping IL with a So
dunn sulphte treatment 10 cause
old meat to resemble fresh.
But on the bread discussion Mr..
JelIson was most emphatic in his
statement OF rights. cOntending that
the bread case was the work OF a
pettifoEging officer OF a commission
that should be abolished by the leg
islature. Conviction by a jury as
20 the power OF the state health
department 70 regulate what should
constitute feed for hogs IL an i'm
possibility. Mr.. JellisOn added, and
he would not prosecute cases
where there was a certainty OF ac-
quittal.
Warrants Refused.
The conflict between Mr.. Hut
chins and the prosecuting attorney
developed upon the refusal of Pros.
Jell.son TO approve warrants against
the South Bend Bakery CO" Busse
Bakery Co, CoOperman, Block,
Progressive Baking Co, and the
chaplin Street bakery.
The expected break between the
food inspectors and the states prose-
cutor was Wednesday reported ex-
cIusively by the News-Times. II
came after three weeks Investigation
into practices alleged committed by
local bakery concerns IN accepting
from dealers old bread supplies, con.
trary to statute Positive cases. &C,
cording to the food inspectors. were
furnished the prosecutor with the
view OF his approving the afhdavits
and causing the appearance OF the
officials IN court,
JeIIlsOn Hcsltates. Says.
Five meat dealers are charged
with adulterating hamburger. using
a preparation commonly known as
"freez' en-" a sod UNI su1phide treat
ment for the purpose OF rebuilding"
old hamburger. Against one market
a second case was prepared for nj
ing charging the use OF sodium sui
phtde on sausage
''Jellison made known 10 me IN un-
rni<takable terms his refusal % pros
ecute the bakeries and meat deal
en- =" stated Inspector Hutchens. Ills
reason for refusal was only limited
at. but ne int mated that ne did not
feel that ne should make enemies
otrt or the city's merchants when he
had bEt q few weeks yet 70 continue
in once"
Hutchins expected 70 leave
here for Indianapolis ThursC sy
morning following his confere 9
with the prosecutor, but changed his
mind. He said:
IT have not decided whether I
VIII present these cases t-ISse Chief
Inspector Miller and Ia turr 70 the
attorney generals ONCE or 20 wait
until the first OF the year when MT.
Jellson's successor viii be sworn
into Office.
However 7 Win insist upon pros
ecutioni OF these cases ~ that time
NJ the latest" continued Hutchens.
referred 10 the possibility OF present
ing his cases 10 Pros. elect Cough
lin