No. 4.] REPORT OF DAIRY BUREAU. 453 



commission, the words "procurement thereof" referred to 

 the nearest noun, to wit, analysis ; hence the Revised Law 

 (section 63) requires the person who obtains the sample to 

 send the prescribed notice " within ten days after obtaining 

 the result of the analysis " from the chemist. 



National Association. — Massachusetts Courts. 



In October the general agent of the Bureau attended the 

 annual Convention of Dairy and Food Commissioners at 

 Buffalo. He read a paper on the practical enforcement of 

 food laws. The paper showed that the enforcement of these 

 laws is sometimes criticised from the theoretical stand-point 

 by persons without knowledge of ordinary procedure under 

 criminal laws, and without experience. The theoretical critic 

 seems to regard these laws like an automatic machine, which 

 moves with the relentless precision of the buzz saw or pile 

 driver. But the practical enforcement of food laws varies 

 much from the inexorable blow of the inanimate machine, 

 because of (1) the limitations and demands of the laws of 

 evidence, (2) the personal element in judges and jurors, (3) 

 the discretion allowed prosecuting officers, whether agents 

 of food departments or district attorneys. This difference 

 between the practical and theoretical enforcement of crim- 

 inal laws in general and food laws in particular is not a weak- 

 ness, when broadlv considered. The defendant has the benefit 

 of every precaution to prevent the innocent being unjustly 

 condemned ; and when conviction is secured, justice can be 

 tempered with mercy. We believe the laws have more re- 

 spect from the community at large, and even from the crim- 

 inal classes, on account of the human element that comes in 

 play, from the fact that decisions are reached by men with 

 the traits of a common human nature. 



These meetings with officers engaged in similar work in 

 other States are always beneficial, and at times exceedingly 

 interesting. One effect is to impress us with the superiority 

 of the Massachusetts system of courts, and the way in which 

 the system works. We believe one may justly take pride 

 in the same. The form of our procedure, the high character 

 of our judges even in the lower courts, and the tone of pub- 



