Evening star., 1933-12-17

SOdAoC dIlo lA1dk anyway 1AC "do a
weight litter by profession, which tended
to keep down his height
Along the same line Is the gas-pipe
| treatment, so called, which, as the name
implies, is a contraption composed of
| a piece of pipe, to either end of which
| is fastened a wire. This pipe is placed
in a bowl of cold water, where the
change in temperature from the sur
rounding air is supposed to generate
| electricity, which. in tuuh, is communi-
Gated to the patient" through the two
wires which may be fastened anywhere
around the body.
Cases have been developed where
these layouts. dressed up by using
! nickel-plated pipe, have sold for $50.
Driven from this country. this fraud
now is being operated from Japan, and
only recently the mails were closed to
it.
And for real big-money proposition,
the ''radium pad" Is recommended.
This was made up of gold-plated
container of about the same dimensions
as calling card, and about one-quarter
of an inch thick. The interior presum-
ably contained radium, and along with
it was white velvet pouch, in which
it could be worn at any point on the
bOAy lAAoS ndo W NC LLCoSSA. 4AAC NOll-
tainer and pouch each came in heavy
plush boxes, which were, in turn, held
in place in long leather case. And
the price was $1,000! Further, in one
instance, 1t was disclosed that sec
ond hand" pad brought $500.
OF simpler mode is the device con-
sisting of two vanished sticks, capped
with blob of rubber, and looking like
a couple Of Slightly used lollypops. This
rubber, so the sales talk goes, has Won
derful properties. For failing eyesight,
the eyes may be gently tapped with the
sticks, and right away, no more trouble.
Headache and falling arches may be
treated the same way.
Publishers Cooperate,
And while the Post Office Department
watches the mails, the Trade Commits
sion rides herd over the advertising
lanes. with the whole-hearted co-opera-
ton of the publishers.
In this set-up there are bound to
be instances of overlapping jurisdic-
ton, but in the broad phase of opera
tlons, these two Government units have
their own particular domains.
To make a criminal case the Post
Office Department has to prove intent.
issuance of fraud orders closing the
mails to any individual or concern with
some scrambled proposition, but not
entailing prosecution.
To put force behind ist proceedings,
the commission must establish unfair
competition" and this generally is
through the medium of advertising.
courts having repeatedly held that false
and misleading statements, claims and
representations in advertising are un-
fair methods of competition within the
meaning of the Federal trade act. 1t
has an additional ace in the hole by be-
ing empowered to act "in public in
terest." A summary made at the end
of 1881 showed that in the Is years
of its existence, food. drugs and cos
metics were the origin of about 20 per
cent OF the commissions cases, but this
ratio is running higher now. For the
past four years the commission has
had Special Board of Investigation,
composed of three lawyers, headed by
E j Adams, which has dealt exclusively
with false advertising. Created after
a trade practice conference in New
York at which more than 5000 publisn-
ers were represented its activities, it is
declared. have brought about marked
improvement.
Stipulation Entered.
When a case is developed and it Is
possible to get an agreement with the
defendant to cease the practice COM
planned of. stipulation is accordingly
entered. In the past year this action
was taken in 181 instances. If no
settlement is possible, however, and the
commission issues a ase-and-desist
order, it is enforceable by the Circuit
Court Of Appeals. Disposition by stip-
ulation also Is resorted to by the Post
Office Department.
Where compounded preparations are
involved either in postal or trade
commission case, they depend for sup
porting testimony on chemical analysis
by the food and drug authorities at the
Department of Agriculture. This agen-
cy, whose powers now are sought to
be extended by proposed legislation,
as present lacks authority beyond the
labelling of food and drugs. For the
"gadgets" the Bureau of Standards is
called in.
SO far as the efficacy of the Federal
trade act in this general connection is
concerned, one weakness is seen in the
unfair competition" proof that is re-
Quired, and authorities hold the law
would be vastly strengthened If for this
we're substituted unfair trade prac-
ticeS."
In one celebrated case, for example,
the presiding judge inquired. in effect.
how can you prove competition be-
tween knaves?" 1t is not as difficult as
that, however, for invariably one Of the
fake products will infringe in some way
on something legitimate.
Another side of the question is seen
by postal authorities. Introduction OF
medical testimony in the quackery
cases, can be counted upon to open
forum of debate, and these have been
times when it has been realized that a
conviction would be hard to get. due to
conflicting opinion raised IN the minds
of the Jury, and where, consequently,
the Government just issued a fraud
order and let it go at that.
Dockets clogged with prohibition cases
also have slowed down prosecutions In
the past few years, but with this con-
dition remedied the way of the trans
gressor is due to get harder and harder.