who is inclined to look upon any one who disagrees with him as either lacking in intelligence or honesty. Our profession can only grow by the fullest and freest discussion.

"We must admit that there are and always will be great differences of opinion and that two men equally capable and honest as a result of their investigation may reach diametrically opposite conclusions. Therefore let me say, in conclusion, that I hope that in the activities which are offered to our profession under the Food and Drugs Act there may not only be material gain and professional advancement, but a cementation of those ties of fraternity which should bind the chemists of this country into one harmonious whole." After the reading of the address a symposium was held and the new law fully discussed from the chemical standpoint.

THREE INTERESTING CUSTOMS DECISIONS Black or Ripe Olives.

In the matter of protests 196,253, etc., of Zucca & Co. et al. against the assessment of duty by the collector of customs at the port of New York. Before Board 3 (Waite, Somerville and Hay, general appraisers).

Waite, general appraiser: These importations consist of black olives in barrels. The testimony shows that they are ripe olives, and when ripe are picked and put into a solution of salt or brine for the purpose of preserving them in shipment or until they are eaten, but nothing else is done to prepare them in any way for eating. It is claimed for the importers that they are free under paragraph 559 of the tariff act of 1897, which provides for "fruits or berries, green, ripe or dried, and fruits in brine, not specially provided for in this act." The government contends that they should be assessed for duty under paragraph 264, the material part of which is as follows:

264. * * * Olives, green or prepared, in bottles, jars, or similar packages, 25 cents per gallon; in casks or otherwise than in bottles, jars, or similar packages, 15 cents per gallon."

Testimony is produced before the board that the green olive covered by the statute is an olive like the ordinary Spanish olive, which is green in color and unripe when shipped to this country in brine for domestic purposes, and that the prepared olive is the olive in the form of stuffed olives and olives placed in oil and shipped in small bottles or cans for table use.

The only question really for the board to decide in this case is whether these black olives have been prepared, within the scope of that term as used in the statute. As the only olive oil mentioned specifically is the green olive, we think it is fair to to presume that the ripe olive was not brought to the attention of the legislature, and hence was not included within the statute unless it comes within the class described as prepared olives. The evidence in the case tends to show that all black olives are ripe olives."

We do not think that merely placing the olives in brine for the purpose mentioned by the witnesses, to wit, of preserving them in transit with the incidental effect of reducing the bitter taste, is sufficient to bring within the class described as prepared olives. Causse Manufacturing Company v. United States (T. D. 27513); Hills Brothers Company . United States (123 Fed. Rep., 477); Brennan v. United States (136 Fed. Rep., 743; T. D. 26317). It is very difficult to determine just where the line should be drawn, and there may be some doubt as to whether this commodity should be included within that category. But as there clearly is some doubt, we think we are justified in this instance in following the decisions of the courts and giving the importer the benefit of that doubt. Hartranft v. Wiegmann (121 U. S., 609).

This construction seems to be warranted by the fact that in paragraphs 262 and 559 certain fruits are provided for whether "green or ripe" or "green, ripe, or dried." The omission of the words "ripe" in paragraph 264 can not be disregarded, and leads to the conclusion that Congress intended to omit ripe olives or did not have them in mind in framing the provision.

Various other claims made in protest 196253 become immaterial in the view we take of this case. The protests are sustained in so far as they claim black olives in brine to be free

under paragraph 559, and the collector's decision assessing them under paragraph 264 is reversed. HAY, General Appraiser, dissents.

Ginger root in brine.

In the matter of protest 214090 of A. A. Vantine & Co., against the assessment of duty by the collector of customs at the port of New York.

Before Board 3 (WAITE, SUMMERVILLE and HAY, General Appraisers).

WAITE, General Appraiser: The merchandise in controversy is ginger root which has been cleaned and cut and was imported in casks in brine. It was returned by the appraiser as a "prepared vegetable," and was assessed for duty at 40 per cent ad valorem under the provision in paragraph 241 of the tariff act of 1897, covering "all vegetables, prepared or preserved, including pickles and sauces of all kinds, not specially provided for." One claim of the protestants is that it is free of duty under paragraph 667, which contains an exemption of "ginger root, unground and not preserved or candied."

There will be no dispute that the article is ginger root unground and not candied. Is it "preserved" in the sense of paragraph 667? It may probably be noted as a fact of common knowledge that preserved ginger root is "the conserve known as 'preserved ginger' *** prepared from immature roots, so that they are soft and succulent, and can readily absorb the sirup in which they are preserved" (see "Ginger, Standard Dictionary; G. A. 3608-T. D. 17434), and that "candied ginger root" is what the name applies, ginger root covered with a sugary coating, sometimes known as crystallized ginger root. The Board thinks it may fairly assume to be true what has been informally stated, that this ginger root in brine is imported to be used in the manufacture of preserved or candied ginger root. It is hardly credible that it is to be eaten in its present condition.

The use of brine to arrest temporarily the decay of vegetable substances which are otherwise substantially crude is usually held not to constitute a "preservation" in the tariff meaning. The rule was applied to orange and lemon peel immersed in brine for preservation in transit, being the raw material from which candied peel is manufactured, and which were held to be free as "orange and lemon peel, not preserved, candied or dried," under paragraph 627, tariff act of 1897. Causse Manufacturing Company v United States (T. D. 27513). In like manner cherries slightly prepared and packed in casks in salt water, and intended to be manufactured into candied cherries after washing out the salt, were held not to be "fruits preserved" under paragraph 263 of the act, the circuit court of appeals construing the provision as applying only to fruits which have been "treated so as to become a preserve or comfit." Causse Manufacturing Company v. United States (T. D. 27751). Note In re Reboulin Fils & Co., G. A. 5547 (T. D. 24917).

While the record in this case is not the most satisfactory, we think the authorities lead to the conclusion that the commodity in question is not "preserved," as that term is used in paragraph 667, and is therefore not one of the forms of ginger root excluded from that provision. Other claims made in the protest are immaterial. The protest is sustained so far as it claims free entry under paragraph 667, and the collector's decision reversed.

Ground Pepper.

The material in controversy consisted of pepper shells reduced to a powder in the process of decorticating the pepper berry, being a residuum of that process. The importers contended that it was improperly classified under paragraph 287, tariff act of 1897, as "spices not specially provided for," and that it should have been admitted to free entry of duty under paragraph 667 as unground pepper. The circuit court held that there was insufficient evidence of a general trade understanding as to what constitutes pepper unground, which would exclude the commodity in question, and that, inasmuch as it was in a powdered state, it was immaterial that it did not reach that condition by a process of grinding.

Walden & Webster (Henry J. Webster of counsel), for the importers.

D. Frank Lloyd, assistant Urited States attorney, for the United States.

Before WALLACE, LACOMBE, and TOWNSEND, Circuit Judges. PER CURIAM: Decision affirmed.

AMERICAN FOOD JOURNAL, $1.00 per year.

ers are the ones primarily requiring protection by the law.

The securing to the ordinary consumer purity in foods and the certainty that he will get the article for which he pays is no mere holiday undertaking.

* * *

Those who anticipate that the enactment of a national food law brings an immediate pure food millennium will meet with disappointment. If that glad time ever arrives it will be by the same process that Caesar was accustomed to march his armies "by slow stages." Notwithstanding this, the enactment of the national law has already produced very marked improvement in the manufacture and sale of food products. It cannot be doubted that with the vigorous enforcement of both the national and the state laws that this improvement will continue in the future and that adulterated and misbranded food products will be reduced to a minimum. But the people of this state and of the nation should realize that this beneficent result can never be accomplished without a mighty struggle. Food adulteration in this country has become entrenched to an extent that many cannot even imagine. Neither the national nor the state law will free mankind from cupidity, nor radically change human nature. While these elements of man's nature remain what they are, the struggle for purity of foods is likely to be an ever living issue.

BUTTER STANDARDS CHANGED.

Some scientists manifest a little tendency to swing to a theoretical extreme when they come to fix standards for use commercially. The Department of Agriculture fixed on 82.5 as the percentage of butter fat required in butter to pass muster under the new pure food law. For many years the butter makers, the trade and consumers considered 80 per cent fat and 20 per cent water a fair and just composition for butter. It is thoroughly established that too low water content affects flavor of butter unfavorably, and the trade is generally united on the proposition that 80 per cent of fat is a reasonable proportion. No little remonstrance has been filed against the raising of this standard by the Department of Agriculture, and we are pleased to announce that Secretary Wilson and Dr. Wiley have agreed to reduce the standard to that generally accepted in a commercial way-80 per cent. Prof. McKay of the Iowa College of Agriculture has been largely instrumental in securing this sensible concession and butter makers owe him thanks for his well directed and successful efforts.-Breeders' Gazette.

It is our impression that 16 per cent would satisfy most legitimate butter makers as a maximum for water in butter and that figure has the sanction of many foreign countries and was suggested by the Food Chemists' Committee of the National Association of State Dairy and Food Departments as corresponding with a maximum of 80 per cent fat which the food chemists recommended. The figure mentioned by our excellent neighbor, 20 per cent of water, was likely derived without consideration of the salt and curd, which amount to approximately 4 per cent.-Ed.

INDIAN TERRITORY EXEMPT FROM FOOD

LAWS.

William Nullette, district attorney of Muskogee, I. T., claims, according to the wording of the Pure Food Bill in regard to the labeling of meats, foods and drugs, that Indian Territory is exempt. The Food Bill reads as follows, "all States and Territories, including the District of Columbia," nothing being said of Reservations, under which head Indian Territory is classed, according to Attorney Nullette.

ANALYSIS PROVES BREEN AND KENNEDY'S
"HENDERSON BOURBON" AND "MARY-
LAND RESERVE RYE” BRANDS
OF WHISKIES PURE.

The agitation in whisky circles over the enforcement of the National Food and Drugs Act of June 30, 1906, which became operative on the 1st of the month, has caused a number of inquiries to be made to the AMERICAN FOOD JOURNAL with regard to a number of brands of goods.

In this connection we were invited by Messrs. Breen & Kennedy, a large and reliable liquor firm of Chicago, who are the owners of the brands "Henderson Bourbon," "Maryland Reserve Rye," blended whiskies, distillers of "Cedar Creek" rye and bourbon and controllers of "John E. Day" bourbon straight whiskies, with headquarters at 187-189 Washington street, to investigate the character of their brands.

"We are confident of the purity and excellence of our goods," says Mr. Breen. "Our brands have met with public favor for twenty-seven years. We have at all times endeavored to furnish our customers with honest, high-grade and wholesome products. If our goods are not perfectly pure we are more anxious to ascertain that fact than anyone else can possibly be. We have therefore had samples of our 'Henderson Bourbon' and 'Maryland Reserve Rye Whisky' analyzed by Dr. E. N. Eaton, Director of the American Food Laboratories, and we submit his analysis and report on these goods."

The figures indicate that while the whiskies show the usual constituents of whisky, there is less "fusel oil," "tannic acid," etc., which are generally considered the deleterious constituents of whisky, than found in many samples of what is sold over the bars as the best goods. We have no hesitancy in proclaiming the products of Breen & Kenndy as pure and wholesome and among the best in the market.

Following is a certificate of Dr. Eaton's as to the character of their goods:

"I hereby certify that 'Henderson Bourbon' and 'Maryland Reserve Rye Whisky,' as taken from stock in the open market, conform to all the tests prescribed in the eighth decennial revision (official from Sept. 1st, 1905) of the Pharmacopoeia of the United States of America for 'Spiritus Frumenti' (whisky) and contain no ingredients of a toxic or harmful nature other than those naturally present in whisky, and these in less quantity than found in most samples of high-grade whisky." AMERICAN FOOD LABORATORIES,

E. N. Eaton, Director.

THE PURE FOOD LAW LAID OUT. Washington, December 31.-"Failure on the part of Congress to make an appropriation to carry into effect the Pure Food and Drugs Act," said Dr. W. H. Wiley, chief of the Bureau of Chemistry of the Department of Agriculture, to-dav, "will delay putting into operation the machinery for making the law effective. It will be a month or six weeks, perhaps two months, before our force can be organized on a working basis. Just before Congress adjourned for the holidays, an appropriation of $250,000 was made to be used for the enforcement of the law up to July 1 next. I have asked the civil service commission for seventy-five additional employes to assist in the work. As soon as they are certified and appointed we will get to work vigorously.

DEATH OF RICHARD G. EVANS. The many friends of Mr. Richard G. Evans among the state food departments will be thrown into the deepest sorrow by the notice of his untimely death, which occurred at his residence in Pittsburg, Pa. Mr. Evans, representing the H. J. Heinz Co., frequently attended the national conventions of the State Dairy and Food Departments and by his manly deportment, earnestness of purpose and evident fairness, won the high regard of all those with whom he came in contact. He was a Kentuckian by birth, but had resided in Pittsburg seventeen years, during all of which time

THE LATE R. G. EVANS.

he was connected with the Heinz Co., working his way from lower positions to manager of the sales department and finally to director and secretary of the corporation.

Mr. Evans was but 48 years of age at the time of his death. He leaves a family consisting of a wife and a daughter, also a brother, a resident of Covington, Ky. We are sure we voice the sentiments of the food officials as well as the AMERICAN FOOD JOURNAL when we extend to the bereaved family our condolences in the loss of a fond husband, father and brother, and to the Heinz Co. in the loss of an upright, conscientious and too hard-working servant.

Commissioner Ladd, of North Dakota, is willing to harmonize the North Dakota food law with the National food law, where it can be done without injustice to the consumer.

AMERICAN FOOD JOURNAL, $1.00 per year.

"RICE REGULATIONS." The Rice Millers' and Distributers' Association of Louisiana and Texas, being in doubt as to what effect. the food law would have upon their present system of polishing rice by the use of glucose, talc and paraffin, sent a delegation of men consisting of Prof. S. A. Knapp, Lake Charles; Frank A. Godchaux, Abbeville; S. B. Daniels, Donaldson; Sam Lewis, Houston, and J. E. Broussard, Beaumont, to confer with Secretary Wilson and Prof. Wiley upon the subject.

The result of their visit is contained in a report which has been issued by S. Locke Breaux, chairman of the rice conference.

In a few words, the millers are permitted to use onethousandth part of glucose and one thre-thousandth part of tale in the cleansing process, and they must tag each pocket of rice so treated as follows:

RICE.

Finished by coating with one-thousandth part of glucose and one three-thousandth part talc. Remove by washing.

(Name of manufacturer.)

(Place of business.)

This tag must be attached to the original package and will signify compliance with the law.

The use of paraffine will be prohibited and the millers have pledged not to use it.

NORTH DAKOTA PURE FOOD LAW.

J. H. Worst, director of the North Dakota Experimental Station, has presented his report to Governor E. Y. Sarles. He says in part:

"One or two weak features in our food law have been shown, and this matter will be called to the attention of the legislature with the request that the same be corrected, not for the purpose of working any hardship upon either manufacturers or jobbers but solely to guard the interests of the consuming public, and to protect the honest manufacturer, who is willing to sell his products for what they are and without resorting to short weight or measure. In the case of the drug law it is deemed advisable to make section 4 harmonize with the national drug law, particularly with regard to the sale of cocaine and methyl alcohol preparations, and also to make it perfectly clear that dentists and veterinarians have authority for the use in their practice of cocaine and its derivatives.

"I cannot, however, recommend that our state food law be wholly harmonized with the national food law, which it seems to me, with six years' experience in the practical enforcement of food laws, is in some respects defective, and would not prove as effectual in protecting our people as does the existing food law of North Dakota."

LOUISIANA FOOD LAW.

It is not thought advisable by the Louisiana State Board of Health to postpone action in regard to the enforcement of the new State Food law until next fall. President Irion, of the Board of Health, is quoted as saying that the State authorities would simply insist on a conformity with the National Pure Food laws for a time.

While the State Board of Health has had under advisement a number of regulations in this connection, it is deemed best to wait until a complete settlement and understanding of the National Food law regulations are had before putting the proposed rules into operation, as it is not desired that there shall be any conflict between the Federal and State regulations in this matter.-New York Journal of Commerce.

FOOD LAW WILL BE ENFORCED. Secretary Wilson says: "We cannot say definitely what class of merchants or manufacturers we shall reach first in the enforcement of the Pure Food and Drugs Act, but you may take it to be certain that among the first to be reached will be the fellows who defy the law."

The secretary's statement was made after he had read a circular recently issued by the National Wholesale Grocers' Association, which said:

"There is nothing in the law that prohibits the sale of goods containing any particular coloring matter or preservative.

"Parties desiring to use fictitious names might organize firms or corporations under these names. Fictitious names may be used with impunity until next October."

"While the departmental machinery for the enforcement of the law has not been completed yet," continued Mr. Wilson, "the law is now in force and any merchant or manufacturer who violates it does so at his peril. If any of these gentlemen think they can defy the law with impunity, let them try it and I will undertake to assure them, eventually, a summons to appear before a United States court."

CARRIE NATION COMMENDED.

we

We spent last Sunday at Knoxville, Tennessee, and saw Carrie A. Nation there at the hotel where we were stopping. She had been at Chattanooga for a week lecturing and stopped over at Knoxville on her way to Roanoke, Virginia, for a day's businessing. I had the nerve to speak to her, shake her by the hand and buy one of her little hatchets. She is a quaint old woman; not very large, rather short and dumpy, with a square cut, determined face and a strong voice. She wore a dinky little old fashioned bonnet and had a gray shawl with fringe around its edges folded over her shoulders, such as I have seen old ladies wear twenty-five years ago. She did not look to me like a terror by night nor a pestilence that walketh in darkness, nor a destruction that wasteth at noonday. She is merely a plain old woman who is using some very peculiar and original methods of fighting a great evil in the world. I can't say that I admire her ways of doing things, but if her work adds anything to the sum total of influences that are helping to down intemperance-and, on the whole, I think it does-I say, Hooray for Carry Nation!-A. H. Richardson to "Keota Eagle."

Another article which had a good market was leather. Old shoes may not be palatable as a matter of diet, but ground up into minute bits and mixed with pepper or other spices they made a profitable article of commerce. The alley scourers were able to gather a large number of shoes in a day. The best of them, of course, were not used for food purposes, but were kept for repair and disposal to old-shoe shops. It was only the most dilapidated specimens of cast-off footgear that went into the hopper of the get-rich-quick foodman.Chicago Post.

Butter is high in price the world over this winter. It is stated that the butter market has never been so good as at this time in all of the great centers of distribution in this country. Exports amount to practically nothing from either coast. Dwellers in any great city who desire to eat a high class article must pay 40 cents a pound or thereabouts for it. Packing stock, a name which covers a multitude of faults in butter, is worth as much as the best creamery product has sometimes sold for in Chicago. Whether the dairyman is reaping a corresponding harvest remains to be seen. The probability is that he is. Simultaneously come rumors and reports of evasions of the law by handlers of oleomargarine. A press telegram a few days ago stated that in Denver

thousands of pounds of the oleo colored in imitation of genuine butter were being sold. The statement was made that the oleo, tax paid as uncolored, was shipped from the factory to Denver and there worked over, colored, made up into bricks and so started on its masquerading tour. butter at present prices the temptation to deception of this nature is strong.-Breeders' Gazette.

INCREASE IN AGRICULTURAL BILL.

With

The prospects are very good that the House committee will bring in a bill making liberal appropriations for the Department of Agriculture this year, says a Washington correspondent of the Prairie Farmer. The bill will probably carry about eight million dollars. The total estimates for the Department of Agriculture amount to $7,954,680. The total appropriation for this year is $6,930,440.

Some of the proposed increases are as follows: Agricultural experiment stations, $803,500 to $842,000; collecting statistics, $108,000 to $123,000; soil investigations, $221,460 to $237,240; Bureau of Entomology, $94,610 to $136.270; and public roads inquiries, $70,000 to $101,000.

The greatest proposed increase, however, is the Bureau of Chemistry, presided over by Dr. Wiley. Dr. Wiley wants $750,000 additional to carry out the provisions of the pure food act passed last year. He wants to establish laboratories at New York, Boston, Philadelphia, New Orleans, Chicago, San Francisco, Seattle and Galveston and other cities yet to be designated. Incidentally it is proposed to increase his own salary $1,500 per annum.-Prairie Farmer.

KANSAS ADULTERATED FOOD EXHIBIT. The secretary of the Kansas State Board of Health is gathering samples of adulterated food stuffs sold in Kansas for an adulterated food exhibition in the state house during the session of the legislature. The exhibition will include samples of every kind of impure food sold in the state. Each sample will be labeled. showing what it is sold for, how much it costs, and the ingredients and the proportion of each. This exhibition is to be arranged to show the members of the house and senate how necessary it is to have pure food legislation at once.

LETTER FROM NEW ENGLAND MAPLE
SYRUP COMPANY.

In addition to that you infer that the credit is due to the state of Illinois for being able to distinguish between pure and blended maple products. We think you are wrong, as this was known fifty years ago, and we think long before Illinois had any food law. Since 1901 car loads of blended syrup have been sold for pure maple syrup in your state. There has been nothing said or done about it, and your state is not in any way entitled to any credit for food law reform or example.

We feel that whoever wrote this editorial was certainly not posted on the maple end of the food law question. We wish to thank you for the publication of our letter. Very truly yours, NEW ENGLAND MAPLE SYRUP COMPANY. E. H. Marsters, President.

STRIKING AT BREAD BEARING LABELS. The Niagara Pure Food League has sent out the following appeal to consumers:

We ask you to help us in our sanitary crusade by refusing to accept any articles of diet having any kind of label on. All we ask you to do is to say to your grocer that you will hereafter buy no bread with any label on.

Bakers have been notified and mostly have agreed hereafter to have their name stamped on the pans.