6i4 POPULAR SCIENCE MONTHLY. 



replies : " The district attorneys of the several counties in this State 

 have direct and exclusive control of all criminal prosecutions against 

 violators of the liquor-tax law, but indirectly the matter of enforcing 

 this section devolves upon the State Board of Health. By the pro- 

 visions of section 42, chapter 661, laws of 1893, the State Board of 

 Health shall take cognizance of the interests of the public health as 

 affected by the sale or use of foods and adulterations thereof, and 

 make all necessary inquiries and investigations relating thereto. It 

 shall appoint such public analysts, chemists, and inspectors as it may 

 deem necessary for that purpose, etc. Upon discovering any viola- 

 tions of the provisions of the act relating to the adulteration of foods 

 or drugs, the State Board of Health shall immediately communicate 

 the facts to the district attorney of the county where the violation 

 ocGuri'ed, who shall thereupon forthwith commence proceedings for 

 the indictment of the persons charged with such violations." 



To the second question, as to what is held to be adulteration, in 

 Massachusetts the only standard fixed by law is that of the United 

 States Pharmacopoeia. Chapter 272, Acts of 1896, undertakes to 

 provide certain standards. But so far not a single case has been 

 brought under this act, since it has not been made the duty of any 

 one in particular to enforce it. The assayer and inspector can only 

 examine such liquors as are brought to him by the proper officers. 

 He has no authority to institute proceedings even if he finds the 

 liquor to be badly adulterated. Such action must be taken by the 

 officers making the seizure. But Mr. Sharpless writes that, in his 

 opinion, the law (section 31 of chapter 100 of the public statutes) 

 providing for taking samples of liquors for analysis contains in its 

 last sentence a clause which renders it inoperative: it requires such 

 samples to be paid for if they are found to be of good quality. Mr. 

 Sharpless adds: " Under this section I have received perhaps on an 

 average twenty samples a year for the past fifteen years. These 

 samples have generally been whisky, gin, brandy, and rum. The 

 Legislature has been repeatedly requested to give the assayer author- 

 ity to take samples in the same manner as they are taken by the milk 

 inspector, but has as uniformly refused to give him that power." 



Ohio reports that the legal standard for liquors is the require- 

 ments of the United States Pharmacopoeia. 



In Michigan the law does not define any standard for adultera- 

 tion or unadiilteration. Nor is it left to the mere judgment of any 

 officer, " ]n case of prosecution the fact of adulteration would have 

 to be proved to the satisfaction of the jury by any competent evi- 

 dence." This is the language of Mr. Samuel A. Kennedy, Deputy 

 Secretary of State. Mr. Elliot O. Grosvcuor, the Dairy and Food 

 Commissioner, indicates the nature of the evidence, how^ever, as fol- 



