the substance labeled as a cure, with a description of curative properties, is "wholly worthless" and is known by the defendant to be such. That is the charge of the indictment.

The question then is whether, if an article is shipped in interstate commerce, bearing on its label a representation that it is a cure for a given disease, when on a showing of the facts there would be a unanimous agreement that it was absolutely worthless and an out-and-out cheat, the act of Congress can be said to apply to it. To my mind the answer appears clear. One or two hypothetical illustrations have been given above. Others may readily be suggested. The records.

of actual prosecutions, to which I am about to refer, shows the operation the statute has had and I know of no reason why this should be denied to it in the future..

Our attention has been called to the construction which was immediately placed upon the enactment by the officers charged with its enforcement in the Department of Justice and the Department. of Agriculture. It is true that the statute is a recent one, and, of course, the question is one for judicial decision. But it is not amiss to note that the natural meaning of the words used in the statute, reflected in the refusal of Congress to adopt a narrower provision, was the meaning promptly attributed to it in the proceedings that were taken to enforce. the law. And this appears to have been acquiesced in by the defendants in many prosecutions in which the defendants pleaded guilty. We have been referred to the records of the Department of Agriculture showing nearly thirty cases in which either goods had been seized and no defense made, or pleas of guilty had been entered. Among these are found such cases as the following:

"No. 29. Hancock's Liquid Sulphur, falsely represented, among other things, to be 'Nature's Greatest Germicide. The Great Cure for . . . . Diphtheria.' Investigation begun Nov. 22, 1907. Plea of guilty."

"No. 180. Gowan's Pneumonia Cure, falsely represented, among other things, that it 'Supplies an easily absorbed food for the lungs that quickly effects a permanent cure.' Investigation begun Nov. 22, 1907. Criminal information. Plea of guilty."

"No. 181. 'Eyelin,' falsely represented, among other things, that it 'Repairs and Rejuvenates the Eye and Sight.' Investigation begun Feb. 13, 1908. Plea of guilty."

"No. 261. 'Sure Thing Tonic,' falsely represented, among other things, to be 'Sure Thing Tonic. Restores

Nerve Energy, Renews Vital Force.' Investigation begun June 3, 1909. Pleaded guilty."

"No. 424.

"Tuckahoe Lithia Water,' falsely represented, among other things. to be 'a sure solvent for calculi, either of the kidneys or liver, especially indicated in all diseases due to uric diathesis, such as gout, rheumatism, gravel stone, incipient diabetes, Bright's disease, inflamed bladder, eczema, stomach, nervous and malarial disorders.' Investigation begun July 9, 1908. Plea of guilty."

"No. 427. 'Cancerine,' falsely represented, among other things, to be 'A remarkably curative extract which if faithfully adhered to will entirely eradicate cancerous poison from the system. . A specific cure for cancer in all its forms.' Investigation begun about April 12, 1909. Criminal information. Plea of guilty."

I find nothing in the language of the statute which requires the conclusion that these persons who have confessed their guilt in making false and misleading

statements on their labels should be privileged to conduct their interstate traffic in their so-called medicines, admittedly worthless, because Congress did not intend to reach them.

Nor does it seem to me that any serious question arises in this case as to the power of Congress. I take it to be conceded that misbranding may cover statements as to strength, quality and purity. But so long as the statement is not as to matter of opinion, but consists of a false representation of fact-in labeling the article as a cure when it is nothing of the sort from any point of view, but wholly worthless-there would appear to be no basis for a constitutional distinction. It is none the less descriptive-and falsely descriptive of the article. Why should not worthless stuff, purveyed under false labels as cures, be made contraband of interstate commerce, as well as lottery tickets? Champion v. Ames, 188 U. S.

331.

I entirely agree that in any case brought under the act for misbranding,by a false or misleading statement as to curative properties of an article, it would be the duty of the court to direct an acquittal when it appeared that the statement concerned a matter of opinion. Conviction would stand only where it had been shown that, apart from any question. of opinion, the so-called remedy was absolutely worthless and hence the label demonstrably false; but in such case it seems to me to be fully authorized by the statute.

Accordingly, I reach the conclusion that the court below erred in the con

struction that it gave the statute, and hence in quashing the indictment, and that the judgment should be reversed.

I am authorized to say that Mr. Justice HARLAN and Mr. Justice DAY concur in this dissent.

AMERICAN ASSOCIATION OF MEDICAL

MILK COMMISSIONS.

Dr. Ben Carlos Frazier, Secretary of the Jefferson County Medical Milk Commission, a delegate to the American Association at Philadelphia, brings home word that the Association has accepted the invitation of Louisville to hold its annual meeting in 1912, in Louisville.

Dr. Frazier also announced that Dr. Henry Enos Tuley, who has been Chairman of the Council for two years, has been elected President for the year 1912.

The American Association of Medical Milk Commissions has done much toward the spread of the gospel of clean milk during the five years of its existence, and the phenomenal growth in the number of Commissions in the United States is an evidence of its activities.

It is the hope of all that the meeting in Louisville will be a success from every viewpoint, especially scientific interest

and attendance.

THE NATIONAL PURE FOOD LAW. A most important decision was handed down just before the summer recess by

the Supreme Court relating to the Pure Food Law. A minority composed of Justices Hughes, Harlan and Day, filed a dissenting opinion in very emphatic

terms.

The decision of the Supreme Court in upholding the lower court of the Western District of Missouri in the case of O. A. Johnson, who was indicted "for representing as a cancer cure a compound which he well knew to be worthless for that purpose," did not close the gap in the pure food law made by the lower court in quashing the indictment. The lower court held that the act did not apply to claims made as to curative powers.

The articles sold by the defendant were labeled respectively "Cancerine Tablets," "Antiseptic Tablets," "Blood Purifier," "Cancerine No. 17" and "Cancerine No. 1," the whole constituting what was termed "Dr. Johnson's Mild Combination Treatment for Cancer."

Alluring descriptions were given to the various concoctions. In the advertisements sent out "Blood Purifier" was described as follows:

"This is an effective tonic and alterative. It enters the circulation at once, utterly destroying and removing impurities from the blood and entire system, and when taken in connection with the Mild Combination Treatment gives .splendid results in the treatment of cancer and other malignant diseases. I always advise that the Blood Purifier be continued some little time after the can

cer has been killed and removed and the sore healed."

The lower court in its decision made a great gap in the pure food law which the Supreme Court did not close. The lower tribunal held that the act did not apply to claims made as to curative powers and quashed the indictment.

The Supreme Court upheld the lower court, and in interpreting the section of the pure food law which in terms prohibits a manufacturer from making any "statement which shall be misleading in any particular," the highest court said:

"We are of the opinion that the phrase is aimed not at all possible false statements, but only at such as determine the identity of the article, possibly including its strength, quality and purity."

The decision in full is published in another portion of this issue.

Notes

Health Day was celebrated by the Principal of the Normal School of Louisville, when nine physicians lectured on hygiene before as many classes in that school on May 31st.

The annual commencement of the Medical Department of the University of Louisville was held at Macauley's Theatre on May 10th. One hundred and fiftynine graduates received diplomas. At this meeting official notice of the resignation of Dr. T. C. Evans, as Dean, was given, and the appointment of Dr. W. Ed. Grant as his successor.

The forty-second annual meeting of the American Medical Editors' Associa

tion was held at the Alexandria Hotel,

Los Angeles, on June 26th and 27th, under the Presidency of Dr. J. MacDonald, Jr., of N. Y., with the annual banquet on the evening of Monday, June 26th, at the above hotel.

Among the papers to be presented at this meeting were the following, all of which are of interest to medical editors, and all doctors who are journalistically interested were invited to attend this session:

"Relation of the Medical Press to the Public Health and Marine Hospital Service"-by Watler Wyman, Surgeon General.

"The Advisability of Newspapers and Magazines Having Medical Editors on their Staff”by Edgar A. Vander Veer, M. D.

"Some Things I have Learned As a Western Medical Editor"-by Edward C. Hill, M. D.

"Some Elements of Success in Medical Journalism"-by J. M. French, M. D.

"The Medical Reporter from His Own Standpoint"-by E. Franklin Smith, M. D.

"Physical Therapeutics in the Medical Press" -by Arnold Snow, M. D.

"What Shall We Publish"-by J. R. Phelan, M. D.

"The Extension of Advertising in Medical Journals"-by S. DeWitt Clough.

"Medical Expert Testimony"-by R. B. H. Gradwohl, M. D.

"The Hospital Bulletin as a Factor in Medical Journalism"-by George W. Kosmac, M. D. "The Literary Side of Medical Journalism"by T. D. Crothers, M. D.

"Privately Owned Medical Journals"-by Henry W. Coe, M. D.

"The Influence of Medical Journalism for Medical Progress"-by W. Benham Snow, M. D.

"Editorial Independence"-by T. G. Atkinson, M. D.

"Subject to be announced-by C. H. Hughes, M. D.

Subject to be announced-by William Porter, M. D.

Book Reviews

A Handbook of Practical Treatment.

In three volumes. By 79 eminent specialists. Edited by John H. Musser, M. D., Professor of Clinical

Medicine, University of Pennsylvania; and A. O. J. Kelly, M. D., Assistant Professor of Medicine, University of Pennsylvania. Volume II: Octavo of 865 pages, illustrated. Philadelphia and London; W. B. Saunders Company, 1911. Per volume: Cloth, $6.00 net; Half morocco, $7.50 net.

There are twenty-eight contributors to this volume, which is the second of the series on Practical Treatment.

Diseases of the Cardio-vascular System are considered in the first chapters; then follow the acute infectious and contagious diseases: syphilis, gonococci infection and the various diseases due to specific organisms.

A very interesting chapter on Tropical Diseases has been prepared by Drs. Rosenau and Anderson.

In the chapter on Diphtheria, full credit is given O'Dwyer for his effective intubation tubes and their superiority to-day over any newer or later inventions.

The chapter on Scarlet Fever is very thorough, especially that portion devoted to the complications. The kidney complication is thoroughly discussed and very satisfactorily.

The treatment of special symptoms of tuberculosis is well described. Babcock is quoted as not favoring the use of ergot in hemoptysis of this condition.

The entire book is carefully planned and well written.

Medical Jurisprudence, Forensic Medicine and Toxicology.

By R. A. Witthaus, A. M., M. D., and Tracy C. Becker, A. B., LL. B. Second edition. Volume IVToxicology. Octavo Volume, 1,271 pages, illustrated. Sold by subscription, with volumes one to three. Muslin, the set $24.00; Law Sheep $28.00. Sold separately, Muslin $7.00. Brown Sheep $8.00. New York, N. Y.; Wm. Wood & Co.

The subject of Toxicology, the science of Poisons, is a most important one, and of interest to physicians, chemists and lawyers. Historically speaking, it is as old as the human race, and in its relation to crime, it is of the greatest importance. Toxic effects, moreover, are produced by a great number of substances under varying circumstances, quite independent of

the realm of the Criminologist; far too many of the arts and trades of civilization are attended by toxic results of the gravest importance. The subject is therefore, as it were, chemical, medical and legal, and a complete treatise, such as this aims to be, has to deal with all of these aspects of the topic.

The author is probably better qualified than anyone else to have produced a book on this subject, having devoted the major part of his life to the study of Chemistry and Poisons, and to the art of the detection of the latter. The subject is handled in the following order: First, there is a Table of Cases, giving references by page to the "causes celebres" quoted in the book. Then, next, an introductory article, Historical and Bibliographical. Following this is section devoted to General Toxicology. The major part of the book is devoted to Special Toxicology. In this section the individual toxic agents, classified into: Mineral Poisons; Metallic Poisons; Vegetable Poisons; Animal Poisons, and Synthetic Poisons are each considered at length. The foot-notes are very numerous. The references contained in them have all been personally verified by the author, and give the orig. inal source of every quotation in the text. A very large Index concludes the volume.

may be mentioned icterus, edema, cutaneous electric resistance in connection with exophthalmic goitre, the general path. ology of fever, hemodynamics and the study of arterial tension, sphygmobolometry and sphygmography.

One of the most important chapters is upon the interpretation of the sphygmograph and the method of simultaneously recording the pulses of different arteries in the diagnosis of aortic aneurysms. The chapter on the maximum arterial pressure is also of interest and value.

That portion of the book devoted to the various methods of physical diagnosis is worth the price of the entire book. The use of the Trendelenburg position in diagnosis of palpation is advocated and is a point well taken.

The chapter on the heart is very good, especially that part devoted to Individual Valvular Lesions. There are a number of diagnostic diagrams in these pages.

The diagnosis of stomach diseases is well described and every phase of the methods employed is discussed fully. The Desmond Test or reaction for determining the functional capacity of the stomach without the aid of the stomach tube, the methods of examining the stomach with the aid of the stomach tube are also described, with a full description of the various test meals.

The Butyrometric method is described and examples given. Examination of the stools is described in detail. The dysentery bacillus is discussed in detail. The detection of blood in the feces is fully described.

Urinalysis is discussed in 146 pages and the subject gone into quite thoroughly.

Modern Otology-Second Edition Revised-The Principles and Practice of Modern Otology.

By John F. Barnhill, M. D., Professor of Otology, Laryngology and Rhinology, Indiana University School of Medicine; and Ernest de W. Wales, B. S., M. D.,