HEARINGS BEFORE COMMITTEE ON AGRICULTURE. 185 
The Cuarrman. Nearly all the legislation on these bills is subject to 
a point of order. I wish you would take that up with the Secretary, 
Mr. Galloway. We might not get the right thing the first time. 
Mr. Covitir. I want to say, Mr. Chairman, with respect to the 
provision which you have read, that one of the great difficulties in 
applying that would be the injustice to our seedsmen who sometimes 
unwittingly sell seed which come below our standards. If we publish 
the results of our analyses, we would have to publish them all, and we 
would have to publish in the list of those who had sold bad seeds the 
names of some seedsmen who are trying to do a legitimate business. 
But another bill could be drawn which would not be open to that 
objection. : 
The Cuarrman. Why, it is not absolutely mandatory on the Secre- 
tary. It is within his discretion. 
Mr. Scorr. What provision do you think would not be open to 
that objection ? 
Mr. Covitiz. Various ones have been suggested. One that has 
been under discussion at the Department is one providing against the 
sale between States of seed containing a certain percentage of certain 
specific adulterations, also prohibiting them altogether. 
The Cuarrman. Now, why can not something be drawn on the 
lines of that clause in Professor Wiley’s Bureau of Chemistry whereby 
he examines food brought from other countries? 
. ie. GatLoway. That bill covers about four pages—that pure food 
1d, 
The Cuarrman. He does it ina clause, in this bill. Itis very short, 
and right to the point. 
Mr. Gattoway. I know what you have reference to. 
The Chairman read as follows: 
To investigate the adulteration of foods, drugs, and liquors, when deemed by the 
Secretary of Agriculture advisable; and the Secretary of Agriculture, whenever he 
has reason to believe that articles are being imported from foreign countries which, 
by reason of such adulteration, are dangerous to the health of the people of 
the United States, or which are forbidden to be sold or restricted in sale in the 
countries in which they are made or from which they are exported, or which shall 
be falsely labeled in any respect in regard to the place of manufacture of the con- 
tents of the package, shall make a request upon the Secretary of the Treasury for 
samples from original packages of such articles for inspection and analysis; and the 
Secretary of the Treasury is hereby authorized to open such original packages and 
deliver specimens to the Secretary of Agriculture for the purpose mentioned, giving 
notice to the owner or consignee of such articles, who may be present and have the 
right to introduce testimony; and the Secretary of the Treasury shall refuse delivery 
to the consignee of any such goods which the Secretary of Agriculture reports to him 
have been inspected and analyzed and found to be dangerous to health, or which 
are forbidden to be sold, or restricted in sale, in the countries in which they are 
made or from which they are exported, or which shall be fasely labeled in any 
respect in regard to the place of manufacture or the contents of the package. 
Mr. Covitie. Under the Constitution the United States has the right 
to make laws bearing on the public health, and that is the basis on 
which that law was made, but the adulteration of seed is a matter 
which could not come under the protection of the public health. 
The Cuarrman. There is another clause in here that practically pro- 
hibits them sending to this country what is not permitted to be sold in 
countries from which the shipments are made. 
Mr. Gattoway. I have no doubt that a-clause can be drawn for 
insertion right here that would cover the point. : 
The Cuarrman. Even the old clause, if used very vigorously and with 
