Evening star., 1950-11-09
Wakefield 10 Appeal
District Court Refusal
To Lift Milk Ban
Turned down in a District Court

bid to stall enforcement of the
Districts new milk regulations
Wakefield Model Farms Dairy
next will resort to the United
States Court of Appeals.
Actually, the dairy has seven
days during which it may con-
tinue to import. for sale here, milk
that is not inspected by District
health authorities. This stay was
granted by Judge Alexander Holt
zoff so that Wakefield attorneys
can prepare their appeal from his
ruling late yesterday.
Judge Holtzof had been asked
to enjoin the District Commits
sioners from enforcing the August
3 regulations until the dairy had
a chance to get the rules invali-
dated for good in a District Court
trial.
In day-long arguments, Attor-
ney John Hillyard charged the
rules are unreasonable, arbitrary
and a burden on the interstate
flow of milk.
Fails to Make Case.
But Judge Holtzoff held there
had been mo showing" that the
regulations are obviously unrea-
sonable."
ut is claimed" he declared,
that some Of these provisions are
too stringent and harsh and,
therefore, unreasonable. Also, it
is not denied that they are more
stringent than the requirements
Of the United States Public Health
Service.
But the responsibility of pro-
tecting the public of the District
Of Columbia Is vested by statute,
not In the United States Public
Health Service. not in this court,
but in the Commissioners and the
Health Department." Judge Holt
zoff continued.
Only if the regulations are "ob-
viously unreasonable" may the
courts overturn municipal au-
thority, the judge pointed out,
ruling the dairy had failed to
make its case.
Reports on Supplies.
He commented that, while the
milk regulations are stringent,
perhaps stringent rules are neces-
sary to protect large centers of
population, since contaminated
milk could be a source of great
harm" At the same time, Judge
Holtzof conceded, Perhaps less
stringency might fit the needs, {"
but that it is a matter for District
to decide with their
powers under the Milk Act Of 1925.
During the proceedings, Edward
A. Beard and Oliver Gasch of
the Corporation Counsel's office,
made public. for the first time, a
report on certain farms supplying
one Of the producer co-operatives,
in turn, sells milk to Wake
field.
The report. admitted into evi-
dence in affidavit form, was made
by Veterinarian Frank r. Lana
han, dairy farm inspector for the
District. who last Saturday
checked II farms supplying Dairy
Dale Of Myersdale, Pa.
DR.. Lanahan's conclusion: 81
can go back as far as 25 years in
judging dairy standards on the
District market and as bad as
some farms were then. they were
years ahead on sanitation COM
pared to the extremely low
standards Of the farms I saw
near Myersdale.
Bacteria Count Cited.
The municipal attorneys also
produced photographs tending to
support the veterinarians de-
scription. Figures, also introduced
into the hearing, showed that
District chemists found an aver
age bacteria count of 425, 900 per
cubic centimeter of unpasteurized
milk from January to
last month. District-inspected
milk over the same period aver
aged 65,125 per &C. A 100000
bacteria count is considered the
safety limit by District health
Mr.. Beard pointed
out.
Principal witness for the dairy
was Abraham Fuchs. chief of the
milk section of Public Health
Service. MIR. Fuchs agreed with
the Wakefield argument that a
number of the new regulations
are in his opinion unreasonable
and unnecessary"
Among these are the provisions
giving preference, under the point
system OF dairy rating. to those
steam rather than
chemical cleansing methods, as
well as space requirements of
dairy barns.
Wakefield, an independent
dairy, contends that the regula-
tions, if allowed to stand, will
force it to buy milk from the
Milk Produc-
ers' Association. which supplies IS
per cent of Washington's milk
needs.