PURE FOOD LEGISLATION 63 



which produce the genuine want this principle established ; the interests 

 which make the imitation do not. 



The purpose of standards embraces the principle of uniform weights 

 and measures. The law of weights and measures determines what 

 shall constitute a pound or a gallon, and requires that when a pound 

 or a gallon is contracted for the substance delivered shall weigh or 

 measure according to the contract. The law of standards would re- 

 quire that a pound of butter and a gallon of honey shall be such, with 

 all the qualities of good butter and good honey. This standard prin- 

 ciple is well established at common law, but the statute and commis- 

 sion are necessary to put it into continuous effect. The impression has 

 been created that it is the purpose of food standards to arbitrarily de- 

 termine what people shall or shall not eat, when, the fact is, the pur- 

 pose is not to prohibit but to identify. Food standards will prevent the 

 arbitrary imposition upon consumers which dishonest labeling permits. 



For protecting consumers and to meet the ends of justice in the 

 enforcement of food laws it is not only needed to know what this man 

 or that man or these two men consider the qualities of a pure product, 

 but also, what the collaborated evidence from all of the scientists and 

 of all practical experience establish these qualities and the correct 

 method for determining them to be. This collaborated result is the 

 standard, and is, from its very nature, a protection against error. 



The legal status of scientific commissions appointed by the state 

 and national governments to determine certain facts in order to in- 

 telligently enforce laws becomes an important question when the find- 

 ings of such commissions affect large interests. In the enforcement 

 of police regulations against ignorant offenders, and in matters of 

 undisputed public importance or danger the rulings of executives and 

 the findings of government scientists have been given the warrant of 

 law without dispute. But in settling a question which concerns estab- 

 lished business, the authority for the appointment and the powers of 

 the commission to investigate such questions become a matter of great 

 importance. Such a commission exercises, in the consideration and 

 determination of technical matters, the combined functions of the legis- 

 lative, executive and judiciary up to the point of putting its findings 

 into effect. Its findings may go into effect by the mutual assent of the 

 interests affected, as is, with but few exceptions, the case where the 

 finding is correct. But if disputed, the finding can not go into effect 

 with the warrant of law, except under the rules and as the weight of 

 evidence. 



In his great speech on the constitutional right of congress to pass 

 legislation limiting the power of the inferior federal courts to grant 

 injunctions against the decisions of a railroad rate commission, until 

 after full review, Senator Bailey says in defense of giving such a 

 commission of experts the fullest powers possible: 



