Evening star., 1952-12-04
District Curb
On Milk Imports
is Ordered
Commissioners Act
As Dairy Asks Court
For Reconsideration

the ban on importing milk into
the city from farms not inspected
by the District Health Depart-
ment would go into effect at mid
night.
This action came shortly after
attorneys for Embassy Dairy
asked Judge Matthew F. MCGUIRE
to reconsider his ruling Of yes
terday upholding the ban. The
attorneys also want Qualification
of the order.
Further Delay Sought.
Robert E. Lynch and Nicholas
J. Chase, Embassy Dairy attorneys.
appeared before the Commits
sioners to seek a further delay
because of the motion for recon-
sideration filed in the U. S. Dis
trict Court for the District Of
Columbia.
They argued that the milk from
such farms is brought into the
city for processing but not sold
in the District.
Commissioner F. Joseph Dono-
hue commented the relaxation Of
the ban in the past few years to
meet milk shortage apparently
was illegal. Commissioner Renah
F. Camalier wanted to extend the
deadline until all court action was
completed. Engineer Commis-
sioner Bernard L. Robinson backed
Mr.. Donohue's stand for an i'm
mediate ban.
Ward Statement.
After the decision yesterday.
James j. Ward, Embassy Dairy
president. issued a statement.
Mr.. Ward declared the dairy,
for years, has had a Health De-
partment permit Ito bring milk
and cream into it's plant"
Judge Mcclure apparently
thought that Embassy did not
have such a permit" Mr.. Ward
said.
1.-The only question in the case
is whether Embassy may bring in
milk which is inspected and ap-
proved by the State of Maryland
Health Department and certified
by the United States Public
Health Service for processing and
sale to the armed forces.
This milk is pure and whole.
some and of the best quality OBJ
tainable, because it meets the
highest standards of the Federal
Government.
"The attorneys for the dairy
are filing -. a motion for recon-
sideration of the case because we
still don't have a ruling on the
milk which we sell to the armed
forces"
Judge Upholds District.
Judge McGuire's ruling upheld
the stand taken by District au-
thorities that milk may be
brought into the District only
from sources approved by the local
Health Department through per-
mitS.
District authorities pointed out
that representative of the
Health Department must inspect
a farm before a permit is issued
to bring in milk from it.
Judge MCGUIRE did not go into
detail as to procedure in obtain
ing such a permit, except to say
that a permit must be applied for
as a first step.
Suit Dismissed.
In handing down a memoran-
dunn opinion in the case, Judge
MCGUIRE dismissed the suit
brought by the dairy, seeking to
allow the milk to be brought in
without further permit.
Assistant Corporation Counsel
Edward A. Beard argued, at the
hearing last week, that the law
requiring local permit Is clear.
In answer to a question "
Judge MCGUIRE, Mr.. Beard de-
clared the Commissioners, in fact.
had no authority to suspend the
provision of the law for the length
of time they did-allowing certain
milk to be brought in without a
District permit.
Judge MCGUIRE declared in effect
that, If The dairy applies for a
lpermit for milk to be brought in
from the source under contention
and is denied such permit, it
may then challenge the denial
in court.
FSA Statement.
Owing to recent events in the
District of Columbia milk situa-
tion." a statement was issued yes
terday by Federal Security Agency
Regional Director Michael j.
SnorCley, IL SAID:
with respect to milk santa
tion, the functions of the Public
Health Service are to conduct re-
search, develop technical proce-
dures and to assist State and local
authorities, and are governed by
its responsibility to prevent the
spread Of communicable disease
from one State to another.
Its program is predicated on
the recognition that the primary
responsibility for the protection of
the Nations milk supply is vested
in State and local governments"
Surgeon General Quoted.
Mr.. Shortley quoted Surgeon
General Leonard A. Scheele as
stating:
There is no question that a
State or community has the right
to inspect, at the source, the milk
and milk products it is to receive.
But it is our view that some less
cumbersome, less expensive and