70 ANNUAL REPORT OF THE Off. Doc. 



PROSECUTIONS DURING 1905. 



The reports of the official chemists confirm the statement ad- 

 vanced in the preceding annual report that the percentage of adul- 

 terated, preserved, counterfeit or inquire articles of food, and milk 

 in particular, is gradually growing very much smaller. As a result, 

 the number of prosecutions ordered during 1905 again shows a 

 marked decrease, as compared with the preceding year. The total 

 number of suits ordered by the Commissioner are presented in the 

 following summary: 



1903, 



1904, 



1905 



The decreasing figures form their own commentary. The con 

 tinued violation of the oleomargarine law was productive of the 

 next to the largest number of suits ordered in 1905, namely, 187 in 

 number, while 30 defendants were charged with violating the reno- 

 vated butter law. The sale of chemically preserved meat, sausage, 

 etc., resulted in the ordering of over 200 prosecutions. Jellies, jams 

 and preserves were found illegal in 144 cases, while Maraschino 

 cherries produced 53 unfavorable chemists' reports. Eighty-three 

 samples of catsup were found to be illegal, while prosecutions were 

 directed against 52 dealers who sold Worcestershire and other 

 sauces containing forbidden chemicals. In strange contrast with 

 previous reports, only 47 samples of milk and cream proved un 

 lawful. 



Candy was examined more carefully than ever before, and 62 

 adulterated samples found. The quality of spices continued to 

 improve, only 25 adulterated brands being reported by the chemists. 

 Other articles of a miscellaneous character supplied the remaining 

 suits. 



HOW CASES ARE CONSIDERED. 



The Commissioner desires to state that all evidence surrounding 

 possible cases for prosecution always receives careful and conscien- 

 tious consideration. The large percentage of convictions secured 

 verifies the above statement, since it is of rare occurrence that a 

 suit falls. The samples purchased for analytical examination are 

 invariably bought by a sworn special agent, but all of them have 

 been instructed to do absolutely nothing that might be construed 

 as unfair towards dealers or to induce or tempt them to commit 

 violations of the laws. As already explained, a prosecution is only 

 based upon an actual sale to a sworn special agent of the Dairy 

 and Food Division. The substitution of oleomargarine when butter 

 is asked for, forms a violation of law that usually results in an easy 

 and early conviction, since neither magistrates or courts are in 

 sympathy with such practices. 



COURT TRIALS STRONGLY CONTESTED. 



With the acquisition of increased experience, many of the court 

 cases are more strongly contested than ever before, and, as a 



