534 SCIENCE PROGRESS 



stood firmly for the principle of food legislation and for its 

 proper enforcement. 



The principles of interpretation which should be placed 

 upon the law have been fully elucidated by the judges of the 

 United States Courts. Mr. Justice McPherson of the federal 

 court of the Western District of Missouri in the beginning 

 of litigation under the Food and Drug Act, in interpreting 

 the method of enforcing the Act, said : 



" Adulteration of goods and false labelling had become so 

 common that it was well-nigh impossible to purchase pure goods 

 or that which was called for. The same was true as to medicines. 

 Congress undertook to remedy it. The one purpose was to 

 prevent the sale of adulterations. The other purpose was to 

 enable a purchaser to obtain what he called for and was willing 

 to pay for. . . . This statute is to protect consumers and not 

 producers. It is a most beneficent and righteous statute . . . 

 and should be enforced. It cannot be enforced if it is to be 

 emasculated, as is sought in the present case." 



Mr. Justice Humphrey, of the Southern District of Illinois, 

 in a recent case where the United States proceeded against 

 fifty-two cans of eggs preserved with boric acid, said : 



"When there are two interpretations to be placed upon a 

 law the Court should follow that one which more clearly carries 

 out the purpose and intent of the law. The Food and Drug 

 Act of June 30, 1906, was intended to prevent interstate com- 

 merce in adulterated and misbranded goods. To make a ruling 

 which the defendants ask in this case would be to evade the 

 law. The ruling is denied and the case will proceed to trial." 



On a trial of the case, the charge of the Government against the 

 eggs was sustained and the order given that they were to be 

 destroyed as containing a " substance which may render them 

 injurious to health." 



The same attitude which the courts have thus proclaimed 

 judicially, it seems to me, should characterise all persons who 

 are entrusted with the enforcement of the law. I can only 

 speak for myself in this particular, in so far as the enforcement 

 of the law or any part of it is placed in my hands. I have 

 acted uniformly upon the principle which has been judicially 

 confirmed by the above decisions. Wherever there is any 

 question concerning the meaning of the analysis or investigation 



