The Birmingham age-herald., 1924-08-17
WILL NOT FIGHT CITY MILK CODE
 ATTORNEYS SAY
Battle Is Based On AL legged PasteurizatiOn
 Plant Monopoly
NEW ORDINANCE
 WILL BE ASKED
Seek To Curb Dowling's .'Czaristic' Au-
 thority .., ss


 In a formal statement Saturday, Judge Hugh s. Locks and ,Roderick Beddow, attorneys for group of raw milk" dairymen, declared no fight is planned on the present high standards of the city milk code" but that every effort will be made to resist efforts to put them out of business through the creation of milk monopoly;" owned or controlled by the pasteurization plants. Ff,si
 '"The raw milk men will fight for their rights" the attorneys asserted. 'They resent the efforts of the pasteuri- zation interests to label them as boot leg dealers. They will fight a milk monopoly to the last ditch, and they hope the health department will not take sides. They plan no fight against the health department unless the health de- pertinent is for the elimination of raw milk in favor of pasteuriZation."
 Amplifying their formal statement, the attorneys announced an ordinance would be presented to the city commits sion on Tuesday, August %, seeking to stabilize the milk. business" This measure, they said, will net ask for a lowering in any respect of the milk standards, but will merely ask "suffi- cient stabilization to justify invest ment."
 Aimed At Bowling.
 The ordinance also will ask mod ification. of the law to prevent Dr. J. D. Bowling, health officer, from exercising the right "arbitrarily to re- fuse permits" The attorneys expressed the belief that the ordinance, would ap- peal to the commission as q flair and just measure"
 Attorney Beddow said he and Judge Locke represent "far more than 20 per cent of the dairymen" of the city.
 In outlining the plans of their clients. the attorneys said they were taking the public fully and frankly into their confidence" aSHch course, they added, was unusual, and probably unwise, in litigation, but was being followed be- cause they were conscious of the "pub- lie interest in this matter.H
 Judge Locke and Mir. BeddOw signed their statement as attorneys for the Raw Milk Dealers association. It fol- lows in full:
 Monopoly Charged
 raw hAlk ualrymen are not planning a fight against the present nigh standards of the milk code of the city of Birmingham. They are plan ming no fight against the heaIth' depart ment unless the health department is for the elimination of raw milk in favor of pasteurization. .t@
 / During the latter part of June, at torneys representing two pasteuriza- tion plants, appeared before the city commission, demanding the enforce ment of the milk code. They were re- ferred to the health department: On July l, 1924, there appeared in the press an-interview from the health de- pertinent that their request would be complied with. This interview was given the head line, City to tighten up on milk laws; Bowling promises dele gation that he will withhold permits :
 Immediately after this visit and interview the renewal of number of raw milk permits were withheld and the raw milk men were requested to pasteVrize their milk. None of them before this visit had been notified that their permits would not be reissued on July l.
 '"The raw milk men are planning to resist the effort of their competitors to put them out of business. They are planning to fight the creation of milk monopoly, owned or controlled by pas teurization plants. -..
 "Mr. Bulmer, chief of the, health de- partment's food and dairy division, in a recent interview, disclaims any in- tention on the part of his department to put the raw milk men out of busi- ness. The ray milk men are delighted with this statement. However, they are confident that they can produce an abundance. of evidence showing that the inevitable result of the present method of handling the milk business will be the pasteurizing of practically all milk and the creation of milk monopoly. Desire To Keep Within Law
 'The raw milk men intend to fight for their rights. Many of them were born and raised in Jefferson. county. All of them have been hard-working, industrious dairymen. Many of them have accumulated large property hold ings. They have their right to fight to save the accumulation of their life work just as anybody else has. If MT. Bull mer is sincere in his statement, there will be no fight against the health de- pertinent.
 "In another interview. Mr.. BuImer states that anyone desiring to obtain permits who would comply with the re- quirements of the milk code, would be given the right tR sell raw milk.
 '"rhe raw milk men have always been ready to do this. They have only in- sisted; as any business man would in sist, that some assurance be given them that when they had met the require ments, the permits which they are given be made sufficiently permanent to justify their expenditure. They do not carry this insistance, however, to the extent of demanding that any sec tion of the milk code be violated.
 "In the past they have been given temporary permits which contain the clause that it can be revoked on twen- ty-four hours notice and that in such an event you will subject or have sub jected the whole of your milk supply to approved pasteurization.' s4e.
 "The raw milk men will take Mir. Bulmer at his word. If -he-is sincere in his statement, again we say there will be no fight against the health department. ......-.,
 Seek ,Stabilizing Ordinance
 "We sincerely trust that he is sin cere because every raw milk man
 tGOntinued On Pace Six.l