The following resolutions, presented by Secretary Hamilton, were, on motion, adopted: "Whereas, There is great difficulty in enforcing State laws regulating the manufacture and sale of oleomargarine, colored in imitation of yellow butter, and "Whereas, The sale of oleomargarine, colored in imitation of yellow butter, as has been demonstrated by the experience of every Dairy and Food Commissioner in thirty-one States of this Union, is attended by deception and fraud, and is in direct violation of law in all of these States; therefore, "Resolved, 1st. That the Siate Board of Agriculture of Pennsylvania, assembled in convention at Harrisburg this 23d day of January, 1902, representing the farming industry of this State, hereby urges Congress to enact a law which shall place a tax of ten cents per pound upon all oleomargarine manufactured and sold in the United States, which is colored in imitation or semblance of yellow butter. "Resolved, 2d. That the Secretary of this Board be, and is hereby directed to send a copy of these resolutions to each member of Congress from Pennsylvania." The regular order of business was then taken up. The first item was a paper by Jesse K. Cope, Dairy and Food Commissioner of the Department of Agriculture, entitled "A Statement of Work Done by the Dairy and Food Division of the Department of Agriculture, 1901." The following resolutions by Mr. Stout upon the appropriation of money for the purpose of irrigating the arid lands were offered, and, on motion, adopted: "Whereas, There is now pending before the Congress of the United States a bill appropriating a large sum of money for the purpose of irrigating arid lands, and while there is at the present time more land under cultivation than is required to produce the necessary crops for the sustenance of our people and for supplying the foreign demand in consequence of which prices of farming lands have greatly depreciated in value; therefore, be it "Resolved, That the farmers of the State of Pennsylvania, as represented by the State Board of Agriculture, in annual session, respectfully pray the honorable members of the Senate and House of Representatives from the State of Pennsylvania to oppose any appropriation of the people's money for said purpose. "Resclved, That the Secretary of this Board be requested to send a copy of these resolutions to each of our Senators and Representatives in Congress." The next paper upon the programme was then presented by James Terry, entitled "Methods Employed and Difficulties Encountered in the Enforcement of the Oleomargarine Laws in Allegheny County." The next paper was by James Foust, of Altoona, upon the subject, "The Agent's Work in Carrying out the Requirements of the Pure Food Laws." The fourth item on the programme was "Food Adulteration in Pennsylvania," by Dr. Wm. Frear, State College, Chemist of the State Experiment Station. The next subject was the "Pure Food Chemist and the Public." This subject was to have been treated by Dr. F. T. Aschman, of Pittsburg, but owing to his illness, Prof. C. B. Cochran, of West Chester, one of the chemists of the Dairy and Food Division of the Department of Agriculture, who was present, was called upon to discuss the question. The next subject was "The Method of Keeping the Books and Accounts in the Dairy and Food Division of the Department of Agriculture," by G. G. Hutchison, of the Dairy and Food Division. The next paper was by S. J. M. McCarrell, Esq., Attorney for the Dairy and Food Division of the Department of Agriculture, on "The Legal Difficulties in Enforcing the Pure Food Laws." The Secretary then called the attention of the Board to another committee that, at his request, had made a thorough investigation into the work of the Dairy and Food Division of the Department of Agriculture. He stated that on the 8th of January he had addressed the following letter to five gentlemen requesting them to make a thorough examination of the work of the Dairy and Food Division and report their findings to the State Board: "Harrisburg, Pa., January 8, 1902. "Dear Sir: As you know, there have been some criticisms upon the operations of the Dairy and Food Division of this Department in the past year. We know that most of these strictures are wholly without foundation in fact, and it seems as though something should be done to make this clear, at least, to those who are directly interested, and who desire to know the truth. In consultation with Mr. Cope, we have thought that it would be well for all concerned, if a committee of competent and unprejudiced gentlemen were to make an examination of the books, accounts and workings of the Pure Food Department, and report exactly what they find. The Department is ready to spread open all of its accounts to the inspection of any proper committee, for there is absolutely nothing to conceal, and we court the utmost publicity. Would you not be willing to act upon such a committee, to meet on the afternoon of the 20th instant, and continue your examination up until the meeting of the Board, and make report to the Board of the results of your examination? There would be associated with you two other gentlemen, forming a committee of three. "Very respectfully, "JOHN HAMILTON, "Secretary of Agriculture." The Secretary then called upon the committee to make its report. The report was then read by the chairman of the committee, H. V. White, Esq., of Bloomsburg, Pa., member of the Board from Columbia county, and is as follows: "Upon the request of Hon. John Hamilton, Secretary of Agricul ture for the State of Pennsylvania, that we act as a committee of disinterested citizens to examine the accounts and investigate the workings of the Dairy and Food Division of the Department of Agriculture and report our findings to the State Board of Agriculture at this meeting, we undertook the task with the distinct understanding that we represent no party, faction, society, or association in any way or manner, and now beg to report that we have in this capacity made as full and careful examination of the books and records as time would admit and find as follows: "The list of agents in the employ of the Division was examined and found to comprise sixteen men covering eleven districts with specific territory assigned to each. These agents have helpers to secure samples, etc., as directed by their superiors. An examination of the weekly reports of these agents taken indiscriminately from the files of 1901 shows that they have been active in making visits and also in the taking of samples, with the possible exception of one agent, who, while he industriously made visits took but few samples. We found on the reports covering 293 visits that but one sample was taken marked "Sample No. 13" and dated November 16, which was quite late in the season. On his report is found the statement "Everything all right," or words to this effect, while agents operating on other territory took samples and submitted them to the chemist to determine whether they were all right. The records show that samples taken by the agents are sent to the chemist employed by the Division. The chemist reports his finding with his recommendation on uniform blanks, to the agent, to the Dairy and Food Division and to the Secretary of the Department of Agriculture. The agent then reports to the Dairy and Food Commissioner that he is in receipt of the report of the chemist and states his opinion as to whether it is a good case for prosecu tion. With the report of the chemist and the two reports of the agent in hand, the Pure Food Commissioner then orders, on blanks prepared, that suit be brought, either civil or criminal, as he deems best. The bringing of suit and each and every step taken is reported by the agent, on blanks that have their duplicate in the books of the Division. When the entries are made the blanks are filed under a number that follows the case from beginning to finish making it very easy for any one to trace the history of any case from its origin to its adjudication by the magistrate or the court including the collection of the fines and costs by the agent and the returning of the same to the Division. The receipts from licenses and fines are covered into the State Treasury on blanks, letter press copies of which are kept to verify entries in the ledger. The costs and expenses of the Division are paid on itemized vouchers sub mitted to the Secretary of Agriculture for approval before check is drawn. "After tracing a number of cases from their inception, comparing all the files with the entries made, we found the system of reports, blanks, books and book-keeping to be unique, concise, complete and comprehensive. "We also find, from press copies of letters from the Dairy and Food Commissioner to the several agents, that he is constantly urging upon them in most positive language the necessity of eternal vigilance on their part and that they perform their duties without fear or favor. "From the records it appears that for the eighteen months preceding July 1, 1901, samples were taken of oleomargarine, butter, renovated butter, pure food, cheese, milk, condensed milk and vinegar, aggregating 3,019, and upon these samples 1,351 prosecutions were ordered. Generally the public and the dealers have encouraged and supported the Division in this work. The magistrates and courts have given prompt and impartial hearing and many thousands of dollars have been collected as fines. Allegheny county stands as a notable exception. The reports show that out of 614 prosecutions ordered in the regular way 121 cases were ignored by the Grand Jury at one time and the costs placed upon the county, and at September term 1901, 393 cases were ignored by the Grand Jury, and the costs placed upon the agent of the Division. From this ruling an appeal was taken to the Superior Court on one case to test the legality of the action and the costs were paid under protest by check drawn on the Oleo License Fund. "Under the act of May 29, 1901, 24 prosecutions have been ordered in the City of Philadelphia under which 10 have been held for court, & convictions had, 4 have paid their fines, 2 appeals taken and one is held under advisement. "The Pure Butter Protective Association has also reported to the Division under the provisions of this act three cases in the City of Philadelphia. Judgment for the plaintiff was secured on two with the entry "No goods" on the first and "Appeal taken" on the second. The third case is marked "Judgment for Defendant." An examination of this act of May 29, 1901, which was the result of a compromise on Senate bill No. 30 and House bill No. 109, would seem to indicate that the Department of Agriculture as well as the Pure Butter Protective Association is pledged to the most vigorous prosecutions of all violations of the Pure Food Laws of the State, and the start made in this direction as indicated above should convince the friends of protective legislation that much good will speedily be accomplished. "With Bulletins No. 82 and 86 in your hands, and after hearing the several reports that have been read this morning giving in detail and at length the workings of the Dairy and Food Division, you have more full and complete information than the report of a committee could possibly furnish. Believing that a careful examination of the bulletins above referred to and the minutes of the proceedings of this morning's session will fully satisfy the public of the active and determined efforts being put forth by the Dairy and Food Division of the Department of Agriculture, without any further particulars or explanations by us, we submit to you, gentlemen of the State Board of Agriculture, this our report of our findings of the conditions of the books, accounts and workings of the Division. "Respectfully, On motion, the report was adopted. "H. V. WHITE, The following resolution was then offered by Mr. Knuppenburg, member from Wyoming county: "Whereas, A full presentation of the work of the Dairy and Food Division of the Department of Agriculture has been made before this Board, in open session; and "Whereas, A committee consisting of three gentlemen of acknowledged character and ability, have made a searching and full.examination of the books of account, records, files, correspondence and reports of agents, chemists and attorneys, together with the itemized vouchers for expenses paid, and have reported to this body; "Therefore, be it Resolved, That we hereby express our confidence in the integrity and faithfulness of the officers of the Department, and pledge them our hearty support and confidence in their efforts to execute the laws committed to them for enforcement." After discussion by Messrs. Herr and Brosius, the resolution was unanimously adopted. Secretary Hamilton thanked the Board for its vote of confidence and the committee for its favorable report, after which the Board adjourned sine die. JOHN HAMILTON, Secretary. |