108 



REPORT OF THE DAIRY AND FOOD COM- 

 MISSIONER. 



HARRISBURG, PA., January 1, 1898. 

 HON. THOMAS J. EDGE, SECRETARY OF AGRICULTURE : 



Dear Sir: I have the honor to report the following review of the 

 work of my Division of the Department of Agriculture, for the year 

 1897. 



Work under the act of June 20, 1895, known as the pure food law, 

 has been effectively carried on in nearly all sections of the State, and 

 under its provisions, I think it is safe to say, that nine-tenths of food 

 adulterations have been banished from the State. The saving in dol- 

 lars and cents that this amounts to, for our citizens throughput the 

 entire State, is a vast sum every year. The amount appropriated for 

 the enforcement of the law is a mere trifle as compared to the amount 

 saved. The law is generally popular and a large majority of dealers 

 seeui disposed to observe it. This makes it comparatively easy to 

 execute. 



We were crippled for a time in the proper enforcement of the 

 law from an adverse decision rendered by Judge Heniphill of Ches- 

 ter county, in pronouncing the pure food law unconstitutional, from 

 defect in title. This decision was appealed from, and on April 19, 

 1897, Judge Orlady filed the following opinion, reversing the decision 

 of the lower court: 



Commonwealth f Appeal from the Quarter Ses- 



vs. ^ sions of Chester County. 



William C. Curry. Filed April 19, 1897. 



4 The defendant was convicted on an indictment framed under the act 

 of June 26, 1895, P. L. 317, in which it was charged that he "unlaw- 

 fully then and there did sell and offer for sale, as and for, and in imi 

 tation of, and under the name of olive oil, used for food by man, a 

 large quantity of a certain adulterated article and compound, the 

 name and components of the said adulterated article and compound 

 being to this grand inquest as yet known," and in a second count 

 "unlawfully did then and there sell and otter for sale, as and for olive 

 oil, used for food by man, a large quantity of a certain adulterated ar- 

 ticle and compound, then and there being an inferior and cheaper sub- 

 si ance and compound substituted for olive oil, the name and com- 

 ponents of said adulterated, inferior and cheaper substance and com- 

 pound being to this grand inquest as yet unknown." 



