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<td><b><font face="Arial,Helvetica"><font size=+1>Why Chemical Food Preservatives
Are Never Harmless</font></font></b></td>
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<td VALIGN=TOP WIDTH="132"><font color="#FF0000">FDA History 01</font>
<br><a href="index.html">Home</a></td>
<td WIDTH="18"></td>
<td VALIGN=TOP><font face="Arial,Helvetica">HISTORY OF A CRIME AGAINST
THE FOOD LAW</font>
<br><b><font face="Arial,Helvetica">CHAPTER I: THE FIGHT FOR THE FOOD AND
DRUGS LAW</font></b>
<br><font face="Arial,Helvetica"><b>by Harvey W. Wiley, M.D.</b>, the very
first commissioner of the Food and Drug Administration (FDA), then known
as the “US Bureau of Chemistry.”</font>
<p><font face="Arial,Helvetica"> It would be impossible and
perhaps unnecessary to survey the whole field of </font>
<br><font face="Arial,Helvetica">effort which led to the enactment of the
Food and Drugs Law. It will be </font>
<br><font face="Arial,Helvetica">sufficient to take the last of the hearings
as typical of all those that had </font>
<br><font face="Arial,Helvetica">gone before. If the Latin motto is true,
"ex pede, Herculem," we can judge the </font>
<br><font face="Arial,Helvetica">whole of this opposition by its last expiring
effort, just as we can recreate </font>
<br><font face="Arial,Helvetica">Hercules if we have a. part of his big
toe.</font>
<p><font face="Arial,Helvetica"> The final hearings were before
the committee on Interstate and Foreign </font>
<br><font face="Arial,Helvetica">Commerce, beginning on Tuesday, Feb. 13,
1906. This was just before the time the </font>
<br><font face="Arial,Helvetica">bill was completed in the Senate and after
an agreement had been made to vote on </font>
<br><font face="Arial,Helvetica">it the 21st of February. These hearings
are printed in a volume containing 408 </font>
<br><font face="Arial,Helvetica">pages. Pages 1 to 40 are taken up with
testimony that benzoate of soda is a </font>
<br><font face="Arial,Helvetica">perfectly harmless substance. These witnesses
were made up of both manufacturers </font>
<br><font face="Arial,Helvetica">and experts. The experts were Dr. Edward
Kremers, of the University of </font>
<br><font face="Arial,Helvetica">Wisconsin, Professor Frank S. Kedzie of
the Agricultural College of Michigan, </font>
<br><font face="Arial,Helvetica">and Dr. Victor C. Vaughan, Dean of the
College of Medicine of the University of </font>
<br><font face="Arial,Helvetica">Michigan. The manufacturers who testified
in this case unanimously said that the </font>
<br><font face="Arial,Helvetica">business of keeping food could not be
carried on without the use of some </font>
<br><font face="Arial,Helvetica">preservative and that eminent scientific
men had declared that benzoate of soda, </font>
<br><font face="Arial,Helvetica">borax, etc., in the proportions used were
entirely harmless. Ex-Senator William </font>
<br><font face="Arial,Helvetica">S. Mason was also before the committee
in the interest of a bill prepared by Mr. </font>
<br><font face="Arial,Helvetica">Meyers, editor of the American Food Journal,
ostensibly offered by food </font>
<br><font face="Arial,Helvetica">manufacturers. This was a publication
devoted to the propaganda of rectified </font>
<br><font face="Arial,Helvetica">whisky.</font>
<p><font face="Arial,Helvetica">EXCERPTS FROM FINAL HEARINGS</font>
<br><font face="Arial,Helvetica"> Although food bills of various
kinds had been continually before Congress for </font>
<br><font face="Arial,Helvetica">a quarter of a century, the character
of the opposition thereto had not changed. </font>
<br><font face="Arial,Helvetica">The excerpts here given are typical of
the whole struggle.</font>
<br><font face="Arial,Helvetica"> Inasmuch as this closing
testimony was the final effort to block the passage </font>
<br><font face="Arial,Helvetica">of the food law, it is summarized at some
length. Testimony of Walter H. </font>
<br><font face="Arial,Helvetica">Williams, President of the Walter H. Williams
Company, of Detroit, Michigan. </font>
<br><font face="Arial,Helvetica">(Page 19 of the hearings.)</font>
<br><font face="Arial,Helvetica"> In the most palatable foods
that we can find there are traces of benzoic </font>
<br><font face="Arial,Helvetica">acid, and it seems to me if the Almighty
put it there, the manufacturer ought to </font>
<br><font face="Arial,Helvetica">be allowed to use it, if he don't use
it in the same quantities as put in the </font>
<br><font face="Arial,Helvetica">fruit by nature. * * *</font>
<br><font face="Arial,Helvetica"> We went to three men, each
of them connected with one of the largest </font>
<br><font face="Arial,Helvetica">universities in the United States, men
who stand at the very top of their class </font>
<br><font face="Arial,Helvetica">in the chemical and physiological world.</font>
<br><font face="Arial,Helvetica"> MR. TOWNSEND: Who were they?</font>
<br><font face="Arial,Helvetica"> MR. WILLIAMS: Dr. Victor
Vaughan, who is dean of medicine and physiology at </font>
<br><font face="Arial,Helvetica">the University of Michigan, a man whom
I do not believe any one can speak too </font>
<br><font face="Arial,Helvetica">highly of, a man right at the top of his
profession. Another gentleman, Dr. </font>
<br><font face="Arial,Helvetica">Kremers, dean of chemistry of the University
of Wisconsin. Another man who has </font>
<br><font face="Arial,Helvetica">given the subject the very closest attention
is Dr. Frank Kedzie of the Michigan </font>
<br><font face="Arial,Helvetica">Agricultural College. * * *</font>
<br><font face="Arial,Helvetica"> MR. TOWNSEND: Do you know
of any manufacturer of these goods who does not use </font>
<br><font face="Arial,Helvetica">some form of preservative?</font>
<br><font face="Arial,Helvetica"> MR. WILLIAMS: I do not.</font>
<br><font face="Arial,Helvetica"> MR. TOWNSEND: As a manufacturer,
do you know of any way to manufacture these </font>
<br><font face="Arial,Helvetica">goods and keep them as they have to be
kept for sale, without a preservative?</font>
<br><font face="Arial,Helvetica"> MR. WILLIAMS: I do not.</font>
<br><font face="Arial,Helvetica"> MR. BURKE: Have you had any
trouble in any of the states by reason of the </font>
<br><font face="Arial,Helvetica">state laws interfering with your using
this preservative?</font>
<br><font face="Arial,Helvetica"> MR. WILLIAMS: Our firm has
not. We have been told that as soon as this </font>
<br><font face="Arial,Helvetica">committee gets through with the hearings
on this subject there is going to be </font>
<br><font face="Arial,Helvetica">trouble in Pennsylvania. That is all we
know about it.</font>
<br><font face="Arial,Helvetica"> MR. RICHARDSON: How? What
troubles? In what way?</font>
<br><font face="Arial,Helvetica"> MR. WILLIAMS: We understand
that the use of benzoic acid will be condemned, </font>
<br><font face="Arial,Helvetica">and we also know that as soon as this
bill becomes a law, if it ever becomes a </font>
<br><font face="Arial,Helvetica">law, it will be condemned by the Bureau
of Chemistry. * * * Now, the only point </font>
<br><font face="Arial,Helvetica">is--and all I wish to bring out now--that
I don't think this committee ought to </font>
<br><font face="Arial,Helvetica">recommend any legislation that will give
one man the absolute power to say what </font>
<br><font face="Arial,Helvetica">the manufacturers of this country shall
do and what they shall not do. There is </font>
<br><font face="Arial,Helvetica">a difference of opinion as to what is
injurious and what is not injurious. We </font>
<br><font face="Arial,Helvetica">can show that the best scientific thought
in this country will differ with the </font>
<br><font face="Arial,Helvetica">present Bureau of Chemistry. Now, gentlemen,
do not understand for a moment that </font>
<br><font face="Arial,Helvetica">I am attacking Dr. Wiley or the Bureau
of Chemistry or the Department of </font>
<br><font face="Arial,Helvetica">Agriculture. I am simply pointing out,
or trying to point out, the principle of </font>
<br><font face="Arial,Helvetica">this bill. The principle is wrong. It
is not fair; and I think before you allow </font>
<br><font face="Arial,Helvetica">anyone to condemn any preservative about
which there is a question that you </font>
<br><font face="Arial,Helvetica">ought to investigate the subject fully
by a committee of scientists--the best </font>
<br><font face="Arial,Helvetica">that we can find-appointed by the President
or by Congress.</font>
<br><font face="Arial,Helvetica"> In this connection it is
interesting to know that the bill subsequently </font>
<br><font face="Arial,Helvetica">passed by the House of Representatives
contained, a clause, with my full </font>
<br><font face="Arial,Helvetica">approval, and written by myself, in which
such a committee was recognized. Its </font>
<br><font face="Arial,Helvetica">composition was one eminent chemist, one
eminent physiologist, one eminent </font>
<br><font face="Arial,Helvetica">pharmacist, one eminent bacteriologist,
and one eminent pharmacologist. In view </font>
<br><font face="Arial,Helvetica">of the attitude which the Secretary of
Agriculture held toward me at that time I </font>
<br><font face="Arial,Helvetica">was very certain that he would consult
me in regard to the personnel of this </font>
<br><font face="Arial,Helvetica">committee which was to be appointed by
him, and that not only eminent, but </font>
<br><font face="Arial,Helvetica">fair-minded members would be appointed
on this committee. When the bill went to </font>
<br><font face="Arial,Helvetica">conference with the Senate bill the conferees
on the part of the Senate would </font>
<br><font face="Arial,Helvetica">not consent to encumbering the bill with
an additional authority paramount to </font>
<br><font face="Arial,Helvetica">that of the Bureau of Chemistry. The Senate
conferees contended that the whole </font>
<br><font face="Arial,Helvetica">matter of wholesomeness and unwholesomeness
of ingredients in foods would go </font>
<br><font face="Arial,Helvetica">before the Federal Courts for final determination.
The House conferees yielded </font>
<br><font face="Arial,Helvetica">on this point and the food bill was passed
without the nucleus of the Remsen </font>
<br><font face="Arial,Helvetica">Board. This view of Mr. Williams was shared
by practically all the objecting </font>
<br><font face="Arial,Helvetica">witnesses, both scientific and legal,
as well as all of those interested in </font>
<br><font face="Arial,Helvetica">commercial matters throughout the whole
course of the discussion of the various </font>
<br><font face="Arial,Helvetica">food bills before the committees of Congress.
It was also voiced on the floors </font>
<br><font face="Arial,Helvetica">of both the Senate and the House. In spite
of all this publicity and opposition </font>
<br><font face="Arial,Helvetica">the Congress. of the United States conferred
upon the Bureau of Chemistry the </font>
<br><font face="Arial,Helvetica">sole function of acting as a grand jury
in bringing indictments against </font>
<br><font face="Arial,Helvetica">offenders or supposed offenders of the
law. The Congress specifically provided </font>
<br><font face="Arial,Helvetica">that all these indictments should have
a fair, free and open trial before the </font>
<br><font face="Arial,Helvetica">Federal Courts for the purpose of confirming
or denying the acts of, the Bureau </font>
<br><font face="Arial,Helvetica">of Chemistry.</font>
<br><font face="Arial,Helvetica">TESTIMONY OF PROFESSOR KREMERS</font>
<br><font face="Arial,Helvetica"> Professor Kremers at the
close of his testimony before the Interstate and </font>
<br><font face="Arial,Helvetica">Foreign Commerce Committee disclosed the
fact that Mr. Williams was the party </font>
<br><font face="Arial,Helvetica">who secured the participation of Professors
Kremers, Kedzie and Vaughan in this </font>
<br><font face="Arial,Helvetica">hearing. I quote from page 39:</font>
<br><font face="Arial,Helvetica"> MR. KREMERS: I would like
to state just what I have been invited to do. I </font>
<br><font face="Arial,Helvetica">have been asked as a plant chemist, for
that is my specialty in chemistry, to </font>
<br><font face="Arial,Helvetica">find out what could be learned about the
occurrence of benzoic acid in the </font>
<br><font face="Arial,Helvetica">vegetable kingdom, and also to find out
what the best literature, the </font>
<br><font face="Arial,Helvetica">physiological and therapeutic literature
on the subject, has to say with regard </font>
<br><font face="Arial,Helvetica">to the administration of benzoic acid
to the human system and with regard to the </font>
<br><font face="Arial,Helvetica">course that it took in the human system.
That is the extent of my knowledge on </font>
<br><font face="Arial,Helvetica">this particular subject. I have not gone
outside of that.</font>
<br><font face="Arial,Helvetica"> THE CHAIRMAN: Is there an
employment in connection with this matter by you I?</font>
<br><font face="Arial,Helvetica"> MR. KREMERS: I was employed;
yes, sir.</font>
<br><font face="Arial,Helvetica"> THE CHAIRMAN: By whom?</font>
<br><font face="Arial,Helvetica"> MR. KREMERS: By Mr. Grosvenor.</font>
<br><font face="Arial,Helvetica"> THE CHAIRMAN: What Mr. Grosvenor?</font>
<br><font face="Arial,Helvetica"> MR. KREMERS: Mr. Grosvenor
of Detroit. Mr. Elliott O. Grosvenor.</font>
<br><font face="Arial,Helvetica"> THE CHAIRMAN: Was there a
compensation fixed?</font>
<br><font face="Arial,Helvetica"> MR. KREMERS Yes, sir.</font>
<br><font face="Arial,Helvetica"> THE CHAIRMAN: Do you have
any objection to stating it?</font>
<br><font face="Arial,Helvetica"> MR. KREMERS: No.</font>
<br><font face="Arial,Helvetica"> Mr. Kremers in detail stated
in the testimony the amount he was to receive </font>
<br><font face="Arial,Helvetica">for the work and the amount he was to
receive in reporting the results of his </font>
<br><font face="Arial,Helvetica">work to the committee. In his testimony,
which I was asked to summarize by the </font>
<br><font face="Arial,Helvetica">Committee on Interstate and Foreign Commerce,
Mr. Kremers gave the results of </font>
<br><font face="Arial,Helvetica">his many investigations into natural food
products in which he found traces of </font>
<br><font face="Arial,Helvetica">benzoic acid and related bodies. I quote
from his testimony, page 33:</font>
<br><font face="Arial,Helvetica"> MR. KREMERS: Gentlemen, I
don't want to take up more of your valuable time </font>
<br><font face="Arial,Helvetica">unless you desire to ask some questions
of me, for I fear I may not have made </font>
<br><font face="Arial,Helvetica">myself perfectly clear. I will admit that
I am accustomed to talking technically </font>
<br><font face="Arial,Helvetica">on technical subjects, and that I am not
an expert in the popularization of </font>
<br><font face="Arial,Helvetica">scientific subjects. I trust you will
pardon my shortcomings in this respect. </font>
<br><font face="Arial,Helvetica">But briefly let me summarize the facts
I have tried to make clear to you. </font>
<br><font face="Arial,Helvetica">Benzoic acid is found in the vegetable
kingdom; it is fairly widely distributed </font>
<br><font face="Arial,Helvetica">in the vegetable kingdom. We find it among
others in the products of the </font>
<br><font face="Arial,Helvetica">vegetable kingdom which we use for food
purposes. We find it even more widely in </font>
<br><font face="Arial,Helvetica">food products which are used by herbivorous
animals. In addition to benzoic </font>
<br><font face="Arial,Helvetica">acid, we find closely related compounds,
namely, benzaldehyde, commonly known as </font>
<br><font face="Arial,Helvetica">bitter-almond oil, cinnamic aldehyde and
quinic acid.</font>
<br><font face="Arial,Helvetica"> I have tried to make plain
the fact that benzoic acid is formed in the human </font>
<br><font face="Arial,Helvetica">system and that the amount of hippuric
acid eliminated from the system is </font>
<br><font face="Arial,Helvetica">increased whether we administer benzoic
acid as such or whether we add it </font>
<br><font face="Arial,Helvetica">through certain food products; in other
words, that benzoic acid is a natural </font>
<br><font face="Arial,Helvetica">product of the human economy.</font>
<br><font face="Arial,Helvetica"> Finally, I have tried to
make clear to you, gentlemen, that whether it seems </font>
<br><font face="Arial,Helvetica">desirable to you or not to prohibit the
use of benzoic acid from any artificial </font>
<br><font face="Arial,Helvetica">source rather than the natural source,
and there is no bitter-almond oil which, </font>
<br><font face="Arial,Helvetica">after it is a day old, but that contains
some benzoic acid,--that benzoic acid </font>
<br><font face="Arial,Helvetica">directly or indirectly will be administered
to the system through the </font>
<br><font face="Arial,Helvetica">bitter-almond flavor, as I have explained.</font>
<br><font face="Arial,Helvetica"> MR. TOWNSEND: You are not
a physiologist, are you?</font>
<br><font face="Arial,Helvetica"> MR. KREMERS: I am not.</font>
<br><font face="Arial,Helvetica"> MR. TOWNSEND: Are you able
to answer as to whether benzoic acid has an </font>
<br><font face="Arial,Helvetica">injurious effect upon the body?</font>
<br><font face="Arial,Helvetica"> MR. KREMERS: I told you that
I am not a physiologist, but I have prepared </font>
<br><font face="Arial,Helvetica">myself for a question of that sort, because
it occurred to me that it would be a </font>
<br><font face="Arial,Helvetica">natural question for you to ask. I have
here, in order that I might not be </font>
<br><font face="Arial,Helvetica">compelled to rely entirely upon my memory,
a copy of the National Dispensatory, </font>
<br><font face="Arial,Helvetica">one of the standard commentaries on the
United States Pharmacopoeia, a statement </font>
<br><font face="Arial,Helvetica">concerning the physiological action of
benzoic acid. This statement is written </font>
<br><font face="Arial,Helvetica">by Professor Hare, one of the most prominent
writers in this country on </font>
<br><font face="Arial,Helvetica">therapeutic subjects (Reads) :</font>
<br><font face="Arial,Helvetica"> "Ordinary doses
cause a sense of warmth over the entire body, which feeling </font>
<br><font face="Arial,Helvetica"> increases with the amount ingested,
large quantities causing severe burning </font>
<br><font face="Arial,Helvetica"> pain, etc. The drug increases the
acidity of the urine as it is eliminated by </font>
<br><font face="Arial,Helvetica"> the kidneys as hippuric acid." </font>
<br><font face="Arial,Helvetica"> Now, lest the statement might
be misunderstood, let us read the last </font>
<br><font face="Arial,Helvetica">paragraph; but it will be apparent to
you that Mr. Hare does not speak of </font>
<br><font face="Arial,Helvetica">benzoic acid here in quantities such as
have been under consideration before </font>
<br><font face="Arial,Helvetica">you, but in totally different amounts.</font>
<br><font face="Arial,Helvetica"> "It may be given
with benefit in certain diseases due to alkalinity. </font>
<br><font face="Arial,Helvetica"> Benzoic acid is given in the dose
of from ten to thirty grains. </font>
<br><font face="Arial,Helvetica"> Those amounts may be administered
by a medical man, and they are very much </font>
<br><font face="Arial,Helvetica">larger than any amount that is necessary
to bring about the preservative action.</font>
<br><font face="Arial,Helvetica"> MR. TOWNSEND: Does any antiseptic
that is taken into the system interfere </font>
<br><font face="Arial,Helvetica">with digestion?</font>
<br><font face="Arial,Helvetica"> MR. KREMERS: I dare say it
does.</font>
<br><font face="Arial,Helvetica"> MR. TOWNSEND: In that respect
it is injurious?</font>
<br><font face="Arial,Helvetica"> MR. KREMERS: Not necessarily.</font>
<br><font face="Arial,Helvetica"> I thought it would be better
for me to quote the summary that Mr. Kremers </font>
<br><font face="Arial,Helvetica">himself made of his testimony rather than
to attempt any condensation of it </font>
<br><font face="Arial,Helvetica">myself. I may add here for the further
information of the reader of this story </font>
<br><font face="Arial,Helvetica">that Dr. W. D. Bigelow, my first assistant
in the Bureau of Chemistry, repeated </font>
<br><font face="Arial,Helvetica">many of the investigations reported by
Mr. Kremers, as to the wide distribution </font>
<br><font face="Arial,Helvetica">of benzoic acid in food products, and
failed to confirm them.</font>
<br><font face="Arial,Helvetica">PROFESSOR KEDZIE'S TESTIMONY</font>
<br><font face="Arial,Helvetica"> Dr. Kedzie testified that
he is the son of Professor Kedzie, the </font>
<br><font face="Arial,Helvetica">distinguished chemist of the Michigan
Agricultural College. He was associated </font>
<br><font face="Arial,Helvetica">with his father as professor of chemistry
at that institution, that he undertook </font>
<br><font face="Arial,Helvetica">these investigations under the same auspices
and practically for the same </font>
<br><font face="Arial,Helvetica">remuneration as was given to Professor
Kremers and Professor Vaughan. I quote </font>
<br><font face="Arial,Helvetica">from page 58:</font>
<br><font face="Arial,Helvetica"> MR. KEDZIE: I took up this
matter of finding where benzoic acid was </font>
<br><font face="Arial,Helvetica">distributed among materials which I could
purchase in the market. I will read </font>
<br><font face="Arial,Helvetica">these articles in about the order in which
I found the greatest quantity of</font>
<br><font face="Arial,Helvetica">benzoic acid: cranberries, huckleberries,
plums, grapes (the Malaga grape), </font>
<br><font face="Arial,Helvetica">grapefruit, oranges, pineapples, carrots,
parsnips, cauliflower, rhubarb, and </font>
<br><font face="Arial,Helvetica">green peppers. The amount of benzoic acid
which I found present in cranberries, </font>
<br><font face="Arial,Helvetica">taking the dry material, we find the dried
substance of the cranberry contains </font>
<br><font face="Arial,Helvetica">about, on the average, 1/2 of 1% of benzoic
acid, but when we calculate it as to </font>
<br><font face="Arial,Helvetica">the wet substance, it then falls to 5/100
of 1% on account of the water present, </font>
<br><font face="Arial,Helvetica">or, to put it differently, it is one part
in two thousand. * * * In analyzing </font>
<br><font face="Arial,Helvetica">the sample of catsup in the Michigan market
I have found that the amount of </font>
<br><font face="Arial,Helvetica">benzoic acid varies from one part in twelve
hundred to one part in two thousand. </font>
<br><font face="Arial,Helvetica">These are the first class goods, such
as Heinz sells in Michigan, and also sold </font>
<br><font face="Arial,Helvetica">by Curtice Brothers.</font>
<br><font face="Arial,Helvetica"> THE CHAIRMAN: Do you find
any benzoic acid in catsup made by Heinz?</font>
<br><font face="Arial,Helvetica"> MR. KEDZIE: Yes, sir; when
it is sold in Michigan we do.</font>
<br><font face="Arial,Helvetica"> MR. MANN: Do you find it
labeled that way?</font>
<br><font face="Arial,Helvetica"> MR. KEDZIE: The Michigan
law requires that it shall be labeled with the </font>
<br><font face="Arial,Helvetica">preservative used.</font>
<br><font face="Arial,Helvetica"> MR. MANN: Was it so labeled?</font>
<br><font face="Arial,Helvetica"> MR. KEDZIE: I believe that
it was, but I am not absolutely certain. Living at </font>
<br><font face="Arial,Helvetica">the capital, I would expect that the law
would be complied with. The </font>
<br><font face="Arial,Helvetica">commissioner's office is right where I
live.</font>
<br><font face="Arial,Helvetica"> MR. MANN: I have been told
that it never had been done, and wondered whether </font>
<br><font face="Arial,Helvetica">it had or not.</font>
<br><font face="Arial,Helvetica"> MR. KEDZIE: I am sorry that
I can not be absolutely certain in regard to </font>
<br><font face="Arial,Helvetica">that.</font>
<br><font face="Arial,Helvetica"> MR. WAGNER: How recently
have you examined Heinz's goods?</font>
<br><font face="Arial,Helvetica"> MR. KEDZIE: I collected a
sample about three weeks ago, and I inquired </font>
<br><font face="Arial,Helvetica">particularly in getting the bottle, whether
it had been long in stock, and was </font>
<br><font face="Arial,Helvetica">told that it had just been received about
two or three days before.</font>
<br><font face="Arial,Helvetica"> MR. MANN: Have you a memorandum
showing the percentage of benzoic acid in </font>
<br><font face="Arial,Helvetica">these other fruits?</font>
<br><font face="Arial,Helvetica"> MR. KEDZIE: I made a thorough
test of each one and I am prepared to say that </font>
<br><font face="Arial,Helvetica">in the grapefruit and the pineapple the
amount of benzoic acid present there </font>
<br><font face="Arial,Helvetica">will not probably be far from 1/100 to
2/100 of 1 per cent in the fresh fruit.</font>
<br><font face="Arial,Helvetica"> MR. MANN: Did you ascertain
in each of these fruits just how much benzoic </font>
<br><font face="Arial,Helvetica">acid was there?</font>
<br><font face="Arial,Helvetica"> MR. KEDZIE: Only in the cranberries,
and that I did over and over again. * * </font>
<br><font face="Arial,Helvetica">*</font>
<br><font face="Arial,Helvetica"> THE CHAIRMAN (Mr. Hepburn):
What would be the effect of a large dose of </font>
<br><font face="Arial,Helvetica">benzoic acid upon the human stomach?</font>
<br><font face="Arial,Helvetica"> MR. KEDZIE: Well, now, Mr.
Chairman, I am not a physiological chemist. My </font>
<br><font face="Arial,Helvetica">work is analytical and what I know about
that question is not much. I never took </font>
<br><font face="Arial,Helvetica">a large dose of benzoic acid-that is,
a large dose, of course, would be 60 or </font>
<br><font face="Arial,Helvetica">100 grains or more. I never took it and
know nothing about it. I am not a doctor </font>
<br><font face="Arial,Helvetica">of medicine.</font>
<br><font face="Arial,Helvetica"> THE CHAIRMAN: From your knowledge
of the properties and qualities of the </font>
<br><font face="Arial,Helvetica">acid, what would be the probable effect
of benzoic acid upon the human stomach?</font>
<br><font face="Arial,Helvetica"> MR. KEDZIE: I should expect
that if it were taken in very large doses up to </font>
<br><font face="Arial,Helvetica">100 grains that it would have an inflammatory
action on the stomach.</font>
<br><font face="Arial,Helvetica"> THE CHAIRMAN: It would be
an irritant?</font>
<br><font face="Arial,Helvetica"> MR. KEDZIE: It would be irritating;
yes, sir.</font>
<br><font face="Arial,Helvetica"> THE CHAIRMAN: You regard
it when used as a preservative, in the proportions </font>
<br><font face="Arial,Helvetica">that were spoken of by Mr. Williams yesterday,
as entirely harmless, do you?</font>
<br><font face="Arial,Helvetica"> MR. KEDZIE: That is my opinion;
yes.</font>
<br><font face="Arial,Helvetica"> Perhaps the wisest comment
I can make upon the testimony of these experts is </font>
<br><font face="Arial,Helvetica">that they were honestly of the opinion
that because some of these preservatives </font>
<br><font face="Arial,Helvetica">were found in natural food products it
was perfectly proper to imitate nature </font>
<br><font face="Arial,Helvetica">and increase these amounts. The weakness
of this argument is so apparent that </font>
<br><font face="Arial,Helvetica">only a few of the causes of the fallacy
need be mentioned. Hydrocyanic acid, </font>
<br><font face="Arial,Helvetica">perhaps one of the most poisonous organic
acids known, exists in minute traces </font>
<br><font face="Arial,Helvetica">in the fruit of peaches and plums, associated
often with benzaldehyde, a </font>
<br><font face="Arial,Helvetica">flavoring agent. It exists in some varieties
of cassava in such proportions that </font>
<br><font face="Arial,Helvetica">fatal effects have resulted from eating
the cassava starch. Salicylic acid is </font>
<br><font face="Arial,Helvetica">present in a flavoring product known as
oil of wintergreen and may exist, in </font>
<br><font face="Arial,Helvetica">traces, also in other food products. Passing
from the ranks of organic poisons, </font>
<br><font face="Arial,Helvetica">arsenic is a widely distributed poisonous
material which is often found in our </font>
<br><font face="Arial,Helvetica">foods, due to absorption from the soil.
The presence of these bodies, instead of </font>
<br><font face="Arial,Helvetica">being a warrant for using more of them,
points to the necessity of reducing </font>
<br><font face="Arial,Helvetica">their quantity to the minimal amount possible.</font>
<br><font face="Arial,Helvetica"> Another point in this connection
is worthy of mention. These experts were </font>
<br><font face="Arial,Helvetica">paid for the work they did and for the
expense of laying it before the </font>
<br><font face="Arial,Helvetica">committee. I mention this without even
a suspicion of criticism. I think payment </font>
<br><font face="Arial,Helvetica">of this kind is perfectly ethical and
proper. On the other hand, during the </font>
<br><font face="Arial,Helvetica">twenty-five years in which food bills
of various kinds were discussed before </font>
<br><font face="Arial,Helvetica">committees of Congress, not a single expert
appeared before these committees </font>
<br><font face="Arial,Helvetica">urging the enactment of the good sort
thereof who received any compensation </font>
<br><font face="Arial,Helvetica">whatever for his services. Probably officials
of the various states who appeared </font>
<br><font face="Arial,Helvetica">frequently before committees of Congress
to urge the passage of these bills had </font>
<br><font face="Arial,Helvetica">their expenses paid by their respective
states, but received -no other </font>
<br><font face="Arial,Helvetica">compensation. In the twenty-five years
of active opposition to the use of </font>
<br><font face="Arial,Helvetica">preservatives it never occurred to me
to think of any compensation save that of </font>
<br><font face="Arial,Helvetica">my regular salary.</font>
<br><font face="Arial,Helvetica">SUMMARY OF THE TESTIMONY OF VICTOR C.
VAUGHAN</font>
<br><font face="Arial,Helvetica"> MR. VAUGHAN: I am thoroughly
desirous that something should be done to </font>
<br><font face="Arial,Helvetica">regulate the use of preservatives in foods.</font>
<br><font face="Arial,Helvetica"> MR. BURKE: Where would you
draw the line? Where would you fix the point </font>
<br><font face="Arial,Helvetica">beyond which it would be dangerous to
go in the use of benzoic acid, as to </font>
<br><font face="Arial,Helvetica">quantity?</font>
<br><font face="Arial,Helvetica"> MR. VAUGHAN: That brings
up a very interesting point. * * * It seems to me </font>
<br><font face="Arial,Helvetica">that that ought to be settled by a commission
of experts, as to what </font>
<br><font face="Arial,Helvetica">preservatives could be used and in what
amounts they could be used, and in what </font>
<br><font face="Arial,Helvetica">foods they might be used.</font>
<br><font face="Arial,Helvetica"> MR. STEVENS: In other words,
you want a board or bureau of standards?</font>
<br><font face="Arial,Helvetica"> MR. VAUGHAN: I think so.</font>
<br><font face="Arial,Helvetica"> MR. BURKE: Have you not an
opinion of your own in regard to the matter?</font>
<br><font face="Arial,Helvetica"> MR. VAUGHAN: Yes; I have
an opinion of my own, but that opinion might be </font>
<br><font face="Arial,Helvetica">changed by further study of the subject.
I am sure that benzoic, acid in the </font>
<br><font face="Arial,Helvetica">quantities in which it is used in tomato
catsup, sweet pickles, etc., does not </font>
<br><font face="Arial,Helvetica">do any harm. I should be opposed to the
use of formaldehyde in milk in any </font>
<br><font face="Arial,Helvetica">quantity, or the use of any other preservatives
in milk. I have testified </font>
<br><font face="Arial,Helvetica">repeatedly against the use of sulphite
of soda on Hamburger steak. I am </font>
<br><font face="Arial,Helvetica">thoroughly in sympathy with the Hepburn
bill. It does seem to me, however, that </font>
<br><font face="Arial,Helvetica">it is the part of wisdom not to say that
preservatives shall not be used at all, </font>
<br><font face="Arial,Helvetica">but to find out what foods need preservatives,
and in what quantities they might </font>
<br><font face="Arial,Helvetica">be used with safety.</font>
<br><font face="Arial,Helvetica"> MR. BURKE: Is not formaldehyde
used very generally now in preserving cream </font>
<br><font face="Arial,Helvetica">and milk?</font>
<br><font face="Arial,Helvetica"> MR. VAUGHAN: I do not think
it is used generally. It is used to some extent.</font>
<br><font face="Arial,Helvetica"> MR. BURKE: Where cream is
gathered up and shipped some distance to a creamery </font>
<br><font face="Arial,Helvetica">they use some preservatives, and usually
formaldehyde, do they not?</font>
<br><font face="Arial,Helvetica"> MR. VAUGHAN: I do not know.
I have not found much formaldehyde in cream. </font>
<br><font face="Arial,Helvetica">Borax is used some, and one-half of one
per cent of boric acid is used. </font>
<br><font face="Arial,Helvetica">Formaldehyde is used to some extent.</font>
<br><font face="Arial,Helvetica"> MR. MANN: Do you understand
that the Hepburn bill absolutely forbids the use </font>
<br><font face="Arial,Helvetica">of preservatives?</font>
<br><font face="Arial,Helvetica"> MR. VAUGHAN: No, Sir; but
I find that it puts into the hands of one man, or </font>
<br><font face="Arial,Helvetica">of one Department, at least, the question
of deciding as to the harmfulness of </font>
<br><font face="Arial,Helvetica">preservatives.</font>
<br><font face="Arial,Helvetica"> MR, MANN: You say in the
hands of one man or of one Department. Eventually it </font>
<br><font face="Arial,Helvetica">must be put into the hands of somebody
to decide the question, in your opinion, </font>
<br><font face="Arial,Helvetica">I take it?</font>
<br><font face="Arial,Helvetica"> MR. VAUGHAN: Certainly, certainly.</font>
<br><font face="Arial,Helvetica"> MR. TOWNSEND: Right there
I want to ask you this question; as I understand, </font>
<br><font face="Arial,Helvetica">some experiments have been made with benzoic
acid to determine whether it is </font>
<br><font face="Arial,Helvetica">harmful or not, by giving doses of pure
benzoic acid to patients. What have you </font>
<br><font face="Arial,Helvetica">to say in regard to that method of determining
the safety of benzoic </font>
<br><font face="Arial,Helvetica">acid--whether it is harmful or otherwise?</font>
<br><font face="Arial,Helvetica"> MR. VAUGHAN: The experiments
upon benzoic acid, I understand, have been </font>
<br><font face="Arial,Helvetica">finished by Dr. Wiley, but there is no
report on them up to the present time. </font>
<br><font face="Arial,Helvetica">Dr. Wiley has made a report on boric acid
as to preservatives, and while I am a </font>
<br><font face="Arial,Helvetica">personal friend of Dr. Wiley's, appreciate
him very highly and think greatly of </font>
<br><font face="Arial,Helvetica">him, his experiments have shown that boric
acid in large amounts disturbs </font>
<br><font face="Arial,Helvetica">digestion and interrupts good health,
but they have not shown that boric acid in </font>
<br><font face="Arial,Helvetica">the small quantities which would be used
as a preservative, if used at all, has </font>
<br><font face="Arial,Helvetica">any effect on the animal body.</font>
<br><font face="Arial,Helvetica"> MR. ADAMS: About what do
you mean by "small quantities"?.</font>
<br><font face="Arial,Helvetica"> MR. VAUGHAN: I mean one-half
of one per cent.</font>
<br><font face="Arial,Helvetica"> Dr. Vaughan then engaged
in a somewhat animated discussion with members of </font>
<br><font face="Arial,Helvetica">the committee in regard to what kind of
board should be provided for in the law </font>
<br><font face="Arial,Helvetica">to decide all these questions. At the
end of this discussion the following </font>
<br><font face="Arial,Helvetica">questions were asked:</font>
<br><font face="Arial,Helvetica"> MR. BURKE: When benzoic acid
is taken in excessive quantities what is the </font>
<br><font face="Arial,Helvetica">effect?</font>
<br><font face="Arial,Helvetica"> MR. VAUGHAN: In large quantities
it irritates the stomach. In very large </font>
<br><font face="Arial,Helvetica">quantities it causes acute inflammation
of the mucous membranes of the stomach,</font>
<br><font face="Arial,Helvetica">nausea, and vomiting.</font>
<br><font face="Arial,Helvetica"> The maximum medical dose
of benzoic acid is about ten grams, or one hundred </font>
<br><font face="Arial,Helvetica">fifty grains, and larger amounts are likely
to cause inflammation of the </font>
<br><font face="Arial,Helvetica">stomach.</font>
<br><font face="Arial,Helvetica"> MR. MANN: How much benzoic
acid could one eat, day after day, year after </font>
<br><font face="Arial,Helvetica">year, without injury?</font>
<br><font face="Arial,Helvetica"> MR. VAUGHAN: I could not
answer that.</font>
<br><font face="Arial,Helvetica"> MR. MANN: Have you any idea
about it? How much can you eat wholesomely </font>
<br><font face="Arial,Helvetica">without injury?</font>
<br><font face="Arial,Helvetica"> MR. VAUGHAN: I should say
certainly that the amount that is found in your own </font>
<br><font face="Arial,Helvetica">body, which is from one to ten grains
a day.</font>
<br><font face="Arial,Helvetica"> MR. MANN: That is formed
in addition to your own body. I asked how, much can </font>
<br><font face="Arial,Helvetica">you eat?</font>
<br><font face="Arial,Helvetica"> MR. VAUGHAN: I would have
to answer only in a general way and say a grain or </font>
<br><font face="Arial,Helvetica">two, I am sure, taken day by day for one's
life, would not do any harm.</font>
<br><font face="Arial,Helvetica"> MR. MANN: Do you mean one
grain or two grains?</font>
<br><font face="Arial,Helvetica"> MR. VAUGHAN: One grain.</font>
<br><font face="Arial,Helvetica"> MR. MANN: Would two grains
do any harm?</font>
<br><font face="Arial,Helvetica"> MR. VAUGHAN: Well, I do not
know. I would not like to set up my dictum. I do </font>
<br><font face="Arial,Helvetica">not know enough about it.</font>
<br><font face="Arial,Helvetica"> MR. MANN: I appreciate your
position, Doctor; but still, as far as you can, </font>
<br><font face="Arial,Helvetica">we would like to have your opinion.</font>
<br><font face="Arial,Helvetica"> MR. VAUGHAN: Well, I should
say one grain would be perfectly safe. I do not </font>
<br><font face="Arial,Helvetica">know whether two grains would be or not.</font>
<br><font face="Arial,Helvetica"> It is not at all surprising
that at the end of this examination by Mr. Mann, </font>
<br><font face="Arial,Helvetica">Dr. Vaughan had put himself in a most
ticklish position. He was arguing for some </font>
<br><font face="Arial,Helvetica">amendment to the bill which would permit
the use of benzoic acid in food </font>
<br><font face="Arial,Helvetica">products, but he, was under the impression
that even one grain a day for every </font>
<br><font face="Arial,Helvetica">day would be safe, but by eating two grains
a day for all one's life it might </font>
<br><font face="Arial,Helvetica">not be safe. As two grains a day is a
most minute quantity of benzoic acid, a </font>
<br><font face="Arial,Helvetica">quantity which would be exceeded if benzoic
acid were used in foods in general, </font>
<br><font face="Arial,Helvetica">it is evident that such a course of reasoning
could have little effect upon a </font>
<br><font face="Arial,Helvetica">deliberative body.</font>
<br><font face="Arial,Helvetica">TESTIMONY OF DR. ECCLES</font>
<br><font face="Arial,Helvetica"> The most spectacular of the
witnesses who appeared against the bill was Dr. </font>
<br><font face="Arial,Helvetica">Eccles of Brooklyn. Dr. Eccles describes
himself as a physician residing in </font>
<br><font face="Arial,Helvetica">Brooklyn and he appears at the invitation
of the National Food Manufacturers' </font>
<br><font face="Arial,Helvetica">Association. There was evidently a period
approaching when some kind of food law </font>
<br><font face="Arial,Helvetica">would be enacted. To protect the manufacturers
a bill was introduced by Mr. </font>
<br><font face="Arial,Helvetica">Rodenberg, of Illinois. Mr. Lannen, a
lawyer in the interest of this measure, </font>
<br><font face="Arial,Helvetica">who had been actively opposed to the pending
bill, was also present at the </font>
<br><font face="Arial,Helvetica">hearing. Dr. Eccles stressed the fact
that instead of trying to prevent the </font>
<br><font face="Arial,Helvetica">addition of preservatives to foods their
use ought to be encouraged. Quoting </font>
<br><font face="Arial,Helvetica">(from page 131):</font>
<br><font face="Arial,Helvetica"> MR. RICHARDSON: Is vinegar
deleterious?</font>
<br><font face="Arial,Helvetica"> DR. ECCLES: No, Sir; I do
not think anything is. I would compel them to use </font>
<br><font face="Arial,Helvetica">substances less deleterious than vinegar.
I would not let them go below vinegar. </font>
<br><font face="Arial,Helvetica">I would allow them to use substances the
dose of which is smaller than a dose of </font>
<br><font face="Arial,Helvetica">acetic acid or vinegar. Substances of
larger doses than vinegar I would allow </font>
<br><font face="Arial,Helvetica">them to put in a certain fraction of the
dose, and I would make the fraction the </font>
<br><font face="Arial,Helvetica">same for every substance, with no exception.
I would have those gentlemen fixing </font>
<br><font face="Arial,Helvetica">the Pharmacopoeia say that no substance
could be used that is stronger than the </font>
<br><font face="Arial,Helvetica">acid of vinegar under any circumstances.
* * * In other places, where the </font>
<br><font face="Arial,Helvetica">preservatives have been stopped, the death
rate has risen. Two notable </font>
<br><font face="Arial,Helvetica">illustrations have occurred lately--exceedingly
notable. In North Dakota, the </font>
<br><font face="Arial,Helvetica">state of pure food--Senator McCumber's
state--they tried the experiment. In </font>
<br><font face="Arial,Helvetica">Germany, particularly in Berlin, in the
same year they tried the experiment. </font>
<br><font face="Arial,Helvetica">These two places were put up as tests.
I predicted that the death rate in both </font>
<br><font face="Arial,Helvetica">those places would rise fifty per cent
in that year. Now, what are the official </font>
<br><font face="Arial,Helvetica">figures? The official figures given by
the Board of Health of the State of North </font>
<br><font face="Arial,Helvetica">Dakota and the :figures of the German
Government in their own publications show </font>
<br><font face="Arial,Helvetica">that they transcended my prediction; that
the deaths were nearly three times as </font>
<br><font face="Arial,Helvetica">many as they were during the same period
the year before.</font>
<br><font face="Arial,Helvetica"> THE CHAIRMAN: From what cause?</font>
<br><font face="Arial,Helvetica"> DR. ECCLES: I predicted it
would occur if they stopped the use of </font>
<br><font face="Arial,Helvetica">preservatives, and it did occur just as
I predicted from the stopping of the use </font>
<br><font face="Arial,Helvetica">of preservatives. In no other place in
the world did the death rate rise as in </font>
<br><font face="Arial,Helvetica">Berlin, and in no other state in the United
States did it rise as it did in </font>
<br><font face="Arial,Helvetica">North Dakota.</font>
<br><font face="Arial,Helvetica"> THE CHAIRMAN: The use of
what preservatives was stopped?</font>
<br><font face="Arial,Helvetica"> DR. ECCLES: All.</font>
<br><font face="Arial,Helvetica">OTHER WITNESSES</font>
<br><font face="Arial,Helvetica"> Mr. Lannen followed Dr. Eccles
with a long tirade against the pending measure </font>
<br><font face="Arial,Helvetica">and in favor of substituting the Rodenberg
bill therefor. Warwick M. Hough, </font>
<br><font face="Arial,Helvetica">attorney for the National Wholesale Liquor
Dealers Association of America, </font>
<br><font face="Arial,Helvetica">endeavored to have the pending measure
changed so that deleterious substances in </font>
<br><font face="Arial,Helvetica">compounded and blended whiskies should
have the same protection that similar </font>
<br><font face="Arial,Helvetica">substances had in straight whisky. Mr.
Hough had appeared many times before the </font>
<br><font face="Arial,Helvetica">committees endeavoring to secure immunity
for the artificially compounded </font>
<br><font face="Arial,Helvetica">whiskies. He evidently saw clearly what
would happen to artificial whisky if the </font>
<br><font face="Arial,Helvetica">pending measure should become a law. His
foresight was prophetic. After the law </font>
<br><font face="Arial,Helvetica">became effective and the definitions of
the Bureau of Chemistry for whisky went </font>
<br><font face="Arial,Helvetica">into effect, Mr. Hough carried the case
to several United States Courts. In all </font>
<br><font face="Arial,Helvetica">about eight different suits were instituted,
the purpose of which was to declare </font>
<br><font face="Arial,Helvetica">the standards of whisky established, by
the Bureau of Chemistry illegal. In </font>
<br><font face="Arial,Helvetica">every single instance Mr. Hough's clients
were defeated.</font>
<br><font face="Arial,Helvetica">FAVORING WITNESSES</font>
<br><font face="Arial,Helvetica"> Appearing in behalf of the
pending measure Mr. Edward W. Taylor, of </font>
<br><font face="Arial,Helvetica">Frankfort, Kentucky, reviewed Mr. Hough's
arguments and showed to the committee </font>
<br><font face="Arial,Helvetica">their fallacy. On page 173 he says:</font>
<br><font face="Arial,Helvetica"> MR. TAYLOR: This investigation
in 1893 of the whisky trust showed that the </font>
<br><font face="Arial,Helvetica">people of the United States were being
imposed on to such an extent that this </font>
<br><font face="Arial,Helvetica">committee recommended to Congress that
it incorporate into law a suggestion made </font>
<br><font face="Arial,Helvetica">by the deputy commissioner of Internal
Revenue, Mr. Wilson, which was the origin </font>
<br><font face="Arial,Helvetica">of what is known as the "Bottling in Bond"
act--a national law which enjoys so </font>
<br><font face="Arial,Helvetica">much disparagement that it is a pleasure
to me to have the opportunity to </font>
<br><font face="Arial,Helvetica">explain it. The reason it has such disparagement
is because the other 95 per </font>
<br><font face="Arial,Helvetica">cent of the so-called whisky on the American
market today is the spurious </font>
<br><font face="Arial,Helvetica">article and can not get the guarantee
stamp which is put over bottled in bond </font>
<br><font face="Arial,Helvetica">whisky. * * * And I have here the report
of the Ways and Means committee in the </font>
<br><font face="Arial,Helvetica">House, in recommending the bill for passage--approving
the bill. Here is the </font>
<br><font face="Arial,Helvetica">official report. It is all very well for
Mr. Hough or myself to come up here and </font>
<br><font face="Arial,Helvetica">express an opinion as to the intention
of the law, but I think it is to the </font>
<br><font face="Arial,Helvetica">advantage of this committee if we can
produce some official expression as to the </font>
<br><font face="Arial,Helvetica">purpose of the law, and take the matter
out of contention. * * *</font>
<br><font face="Arial,Helvetica"> " The obvious purpose of
the measure is to allow the bottling of spirits </font>
<br><font face="Arial,Helvetica">under such circumstances and supervision
as will give assurances to all </font>
<br><font face="Arial,Helvetica">purchasers of the purity, of the article
purchased, and the machinery devised </font>
<br><font face="Arial,Helvetica">for accomplishing this makes it apparent
that this object will certainly be </font>
<br><font face="Arial,Helvetica">accomplished.</font>
<br><font face="Arial,Helvetica">STATEMENT OF ROBERT M. ALLEN, OF LEXINGTON,
KY.</font>
<br><font face="Arial,Helvetica"> Mr. Allen was the militant
administrator of the food laws of Kentucky. As a </font>
<br><font face="Arial,Helvetica">state official he realized most keenly
the need of a national law. He had heard </font>
<br><font face="Arial,Helvetica">the arguments against adopting this measure
most patiently. The impression he </font>
<br><font face="Arial,Helvetica">gained from listening to this testimony
is thus illustrated by his own words </font>
<br><font face="Arial,Helvetica">(page 20-5).</font>
<p><font face="Arial,Helvetica">ROBERT M. ALLEN</font>
<br><font face="Arial,Helvetica"> I want to say in this connection
right here that there are two sides to this </font>
<br><font face="Arial,Helvetica">food proposition. There is the side which
agitates and clouds the issue, brings </font>
<br><font face="Arial,Helvetica">up this point and that point, which, perhaps,
does not materially affect the </font>
<br><font face="Arial,Helvetica">question; but when you come specifically
down to these questions: Should glucose </font>
<br><font face="Arial,Helvetica">be sold as glucose or as honey or maple
syrup? Should any synthetic product be </font>
<br><font face="Arial,Helvetica">sold under the name and trade terms of
the genuine product which it is designed </font>
<br><font face="Arial,Helvetica">to imitate? Should a preservative be allowed
use without any control or </font>
<br><font face="Arial,Helvetica">restriction?--when you come down to those
propositions I think that not only the </font>
<br><font face="Arial,Helvetica">food commissioners, but the majority of
the reputable manufacturers are agreed. </font>
<br><font face="Arial,Helvetica">But I say, Mr. Chairman, that I can take
a committee from food manufacturers </font>
<br><font face="Arial,Helvetica">which would meet good men like yourself
and others in Congress who are </font>
<br><font face="Arial,Helvetica">interested on this subject and cut aside
from all of these issues that have been </font>
<br><font face="Arial,Helvetica">clouding and confusing the main central
idea, and I believe that you could all </font>
<br><font face="Arial,Helvetica">agree upon a bill which would be fair
and equitable to all and which would </font>
<br><font face="Arial,Helvetica">accomplish the purposes for which we are
working along the lines of national </font>
<br><font face="Arial,Helvetica">pure-food legislation. In our Kentucky
work we are not only the food </font>
<br><font face="Arial,Helvetica">commissioners of the people, the consumers,
but we are also the food </font>
<br><font face="Arial,Helvetica">commissioners of every reputable manufacturer,
and he has a hearing, a frank </font>
<br><font face="Arial,Helvetica">man-to-man hearing, whenever he wants
to come in and discuss the subject.</font>
<br><font face="Arial,Helvetica"> At that time the chairman
of the committee, the Hon. W. P. Hepburn of Iowa, </font>
<br><font face="Arial,Helvetica">gave notice that the hearings in favor
of and against a food law preventing </font>
<br><font face="Arial,Helvetica">adulterations of the kind described were
closed. Thus those who had for </font>
<br><font face="Arial,Helvetica">twenty-five years favored all kinds of
adulterations and misbranding were </font>
<br><font face="Arial,Helvetica">finally shut out of any further participation
in forming a food and drug act.</font>
<br><font face="Arial,Helvetica">CLOSING ADDRESS OF DR. WILEY</font>
<br><font face="Arial,Helvetica"> The Chief of the Bureau of
Chemistry had been informed by Mr. Hepburn and his </font>
<br><font face="Arial,Helvetica">lieutenant, the Hon. James R. Mann, that
he should have the final summary of the </font>
<br><font face="Arial,Helvetica">evidence both for and against preservatives
in foods. Accordingly he was given </font>
<br><font face="Arial,Helvetica">ample time to summarize the principal
arguments for and against preservatives as </font>
<br><font face="Arial,Helvetica">affecting the public health. His testimony
begins on page 237 and extends to the </font>
<br><font face="Arial,Helvetica">end of the report on page 408.</font>
<br><font face="Arial,Helvetica"> DR. WILEY: Mr. Chairman and
gentlemen of the committee: At the request of </font>
<br><font face="Arial,Helvetica">your chairman and in harmony with the
terms of the resolution passed by your </font>
<br><font face="Arial,Helvetica">honorable body, and with the consent of
the Secretary of Agriculture, I appear </font>
<br><font face="Arial,Helvetica">before you for the purpose of summing
up the expert testimony which has been </font>
<br><font face="Arial,Helvetica">offered in the hearings held before your
committee during the past fortnight on </font>
<br><font face="Arial,Helvetica">the pending measure concerning the regulation
of interstate and foreign commerce </font>
<br><font face="Arial,Helvetica">in foods. Numerous expert witnesses have
appeared before your body, mostly in </font>
<br><font face="Arial,Helvetica">opposition to the pending measure, and
a few witnesses have appeared in favor </font>
<br><font face="Arial,Helvetica">thereof. I appear before you not as the
advocate of any particular measure, but </font>
<br><font face="Arial,Helvetica">as an advocate of legislation of some
kind controlling interstate and foreign </font>
<br><font face="Arial,Helvetica">commerce in adulterated and misbranded
foods and drugs. I shall support with </font>
<br><font face="Arial,Helvetica">what influence I may possess any bill
which your honorable body in its wisdom </font>
<br><font face="Arial,Helvetica">may report, although it might not, and
probably would not, meet with my entire </font>
<br><font face="Arial,Helvetica">approbation. I do not believe it is possible
to draw any measure of this kind </font>
<br><font face="Arial,Helvetica">which would receive the unqualified support
of all parties. It becomes </font>
<br><font face="Arial,Helvetica">necessary, therefore, in measures of this
kind to keep in view the principle of </font>
<br><font face="Arial,Helvetica">the legislation and to regard as of minor
importance the various details which </font>
<br><font face="Arial,Helvetica">may be devised to obtain the end in view.</font>
<br><font face="Arial,Helvetica"> In the discussion of some
of the principal points which have been presented, </font>
<br><font face="Arial,Helvetica">I wish to be understood as according to
each witness the same sincerity, the </font>
<br><font face="Arial,Helvetica">same desire to present the facts, and
the same freedom from bias in interpreting </font>
<br><font face="Arial,Helvetica">them that I shall hope may be attributed
to me. The cause of truth is never hurt </font>
<br><font face="Arial,Helvetica">by unjust attacks and its citadel never
reached by the devious ways of unworthy </font>
<br><font face="Arial,Helvetica">foes, but it is sometimes weakened by
the unguided enthusiasms of its defenders.</font>
<br><font face="Arial,Helvetica"> I therefore accord honesty
of purpose and sincerity of effort to those whose </font>
<br><font face="Arial,Helvetica">contentions I feel impelled to resist.
I desire to point out wherein I think </font>
<br><font face="Arial,Helvetica">they have fallen into errors of statement
followed by fallacious reasoning </font>
<br><font face="Arial,Helvetica">leading to wrong conclusions. I want to
point out how they have misunderstood </font>
<br><font face="Arial,Helvetica">the efforts which have been made to ascertain
certain facts relating to the </font>
<br><font face="Arial,Helvetica">effect of preservatives, coloring matters,
and other substances added to foods </font>
<br><font face="Arial,Helvetica">on health and digestion; how they have
misinterpreted the purpose and scope of </font>
<br><font face="Arial,Helvetica">the food standards which have been proclaimed
by the Secretary of Agriculture in </font>
<br><font face="Arial,Helvetica">accordance with an. act of Congress, and
have, as a result of these erroneous </font>
<br><font face="Arial,Helvetica">views, created what seems to them a demon
of future dangers, but which is </font>
<br><font face="Arial,Helvetica">nothing more than a phantom of a perturbed
imagination.</font>
<br><font face="Arial,Helvetica"> In doing this I shall speak
frankly and freely, without any bias or rancor, </font>
<br><font face="Arial,Helvetica">without any feeling of resentment for
the many denunciations and anathemas which </font>
<br><font face="Arial,Helvetica">have been published all over this broad
land and in Europe during the past two </font>
<br><font face="Arial,Helvetica">years.</font>
<br><font face="Arial,Helvetica"> I hope you may not conclude
from the necessary trend of my argument that I </font>
<br><font face="Arial,Helvetica">oppose all use of preservatives and coloring
matters in foods. On the contrary, </font>
<br><font face="Arial,Helvetica">there are doubtless often conditions when
the use of preservatives is indicated. </font>
<br><font face="Arial,Helvetica">In countries which are unable to produce
their own foods, as for instance </font>
<br><font face="Arial,Helvetica">England, on journeys to distant or difficultly,
accessible places, such as mines </font>
<br><font face="Arial,Helvetica">and logging camps and long journeys on
the sea, and in other exigencies, </font>
<br><font face="Arial,Helvetica">preservatives may be indicated. I also
think that the consumer who prefers them </font>
<br><font face="Arial,Helvetica">should not be denied that preference.
My argument, therefore, applies to the </font>
<br><font face="Arial,Helvetica">usual conditions which obtain in this
country and especially to the apparent </font>
<br><font face="Arial,Helvetica">fact that the great majority of our people
seem to prefer their food untreated </font>
<br><font face="Arial,Helvetica">with noncondimental preservatives.</font>
<br><font face="Arial,Helvetica"> As it has appeared to me
from listening to a part of the testimony and </font>
<br><font face="Arial,Helvetica">reading a part thereof, the character
of the opposition to the pending measure </font>
<br><font face="Arial,Helvetica">may be described as follows:</font>
<br><font face="Arial,Helvetica"> Opposition to the cardinal principles
of the bill. </font>
<br><font face="Arial,Helvetica"> Opposition to some of the prohibition
principles of the bill. </font>
<br><font face="Arial,Helvetica"> Opposition to the method of enforcing
the bill. </font>
<br><font face="Arial,Helvetica"> Opposition to the officials who
may be called upon to enforce the bill. </font>
<br><font face="Arial,Helvetica"> Opposition of special interests
engaged in certain industries which apparently </font>
<br><font face="Arial,Helvetica"> may be affected to a greater or
less extent by the provisions of the bill </font>
<br><font face="Arial,Helvetica"> should it become a law. </font>
<br><font face="Arial,Helvetica"> I will begin by a statement
of the grounds of the opposition of the first </font>
<br><font face="Arial,Helvetica">class of objections. This opposition has
not been brought out by any of the </font>
<br><font face="Arial,Helvetica">witnesses who have been called upon to
testify; but is based upon broad </font>
<br><font face="Arial,Helvetica">Constitutional grounds and is of a character
to command profound respect and </font>
<br><font face="Arial,Helvetica">careful consideration. I refer to the
views which are held by many distinguished </font>
<br><font face="Arial,Helvetica">and earnest men to the effect that the
cardinal provisions of the bill are </font>
<br><font face="Arial,Helvetica">unconstitutional. This is a matter, therefore,
which does not call for any </font>
<br><font face="Arial,Helvetica">further consideration on my part.</font>
<br><font face="Arial,Helvetica"> The second class of objections
to the bill: The prohibition principles of the </font>
<br><font face="Arial,Helvetica">pending bill consist in the elimination
of harmful and injurious ingredients </font>
<br><font face="Arial,Helvetica">which may be added to foods. I may say,
and the statement is rather a broad one, </font>
<br><font face="Arial,Helvetica">that there is no opposition to such a
prohibition, as no one has advocated, in </font>
<br><font face="Arial,Helvetica">so far as I have been able to find in
the testimony, a permission to add </font>
<br><font face="Arial,Helvetica">harmful, deleterious, or poisonous substances
to foods, except Dr. Eccles.</font>
<br><font face="Arial,Helvetica"> The objections have rather
lain against the possible decisions as of the </font>
<br><font face="Arial,Helvetica">courts in such matters, and especially
against the, method of collecting </font>
<br><font face="Arial,Helvetica">evidence for the prosecution. It is, of
course, self evident that no prosecution </font>
<br><font face="Arial,Helvetica">could be brought, under these prohibition
provisions unless some one should </font>
<br><font face="Arial,Helvetica">certify that any given added substance
was harmful, deleterious or poisonous. </font>
<br><font face="Arial,Helvetica">The opposition, therefore, to this provision
of the bill has voiced itself in an </font>
<br><font face="Arial,Helvetica">argument that the committee. should insert
prohibitive provisions in the bill </font>
<br><font face="Arial,Helvetica">against this prohibition. Plainly stated,
the contention has been made that the </font>
<br><font face="Arial,Helvetica">Congress of the United States should declare
by act that certain substances in </font>
<br><font face="Arial,Helvetica">certain proportions are not harmful, deleterious,
or poisonous substances.</font>
<br><font face="Arial,Helvetica"> The only expert testimony
which has been submitted on this question, which is </font>
<br><font face="Arial,Helvetica">worthy of any consideration by your committee,
is that which was offered by </font>
<br><font face="Arial,Helvetica">Professor Kremers, of the University of
Wisconsin, Professor Kedzie, of the </font>
<br><font face="Arial,Helvetica">Agricultural College of Michigan, and
Professor Vaughan, of the University of </font>
<br><font face="Arial,Helvetica">Michigan. The high character and attainments
of these experts entitle their </font>
<br><font face="Arial,Helvetica">views to the most profound and respectful
consideration.</font>
<br><font face="Arial,Helvetica"> The wide distribution of
benzoic acid in vegetable products, as described by </font>
<br><font face="Arial,Helvetica">Professor Kremers, is well known to physiological
and agricultural chemists. He </font>
<br><font face="Arial,Helvetica">says that in the destruction of certain
proteins in the human economy benzoic </font>
<br><font face="Arial,Helvetica">acid is formed, which is then changed
into hippuric acid. There is no evidence </font>
<br><font face="Arial,Helvetica">that I have been able to find to show
that hippuric acid may not be formed from </font>
<br><font face="Arial,Helvetica">the benzol radical without its passing
through the benzoic acid state. But this </font>
<br><font face="Arial,Helvetica">is of little importance, because even
if benzoic acid should precede the </font>
<br><font face="Arial,Helvetica">formation of hippuric acid it could only
exist in the most minute quantities and </font>
<br><font face="Arial,Helvetica">for a relatively very short period of
time. Hippuric acid is one of the natural </font>
<br><font face="Arial,Helvetica">toxic or poisonous bodies produced in
catabolic activity, which, like urea and </font>
<br><font face="Arial,Helvetica">other degradation products of proteins,
must be at once eliminated from the </font>
<br><font face="Arial,Helvetica">system to avoid injury. Uremic poisoning
at once supervenes on the suppression </font>
<br><font face="Arial,Helvetica">of the excretive activities of the kidneys,
and unless this condition is removed </font>
<br><font face="Arial,Helvetica">death speedily results.</font>
<br><font face="Arial,Helvetica"> This brief summary of the
opposition to the food and drugs act during the </font>
<br><font face="Arial,Helvetica">time it was before Congress accentuates
the fact that it is essentially a health </font>
<br><font face="Arial,Helvetica">measure, as has been officially confirmed
by a decision of the Supreme Court of </font>
<br><font face="Arial,Helvetica">the United States.</font>
<br><font face="Arial,Helvetica"> There had been little discussion
during the whole twenty-five years of the </font>
<br><font face="Arial,Helvetica">subject of misbranding. This was such
an apparent and unnecessary evil that it </font>
<br><font face="Arial,Helvetica">had few defenders. During all this time
the chief discussion was the effect upon </font>
<br><font face="Arial,Helvetica">health of certain preservatives and coloring
matters, and as to the selection of </font>
<br><font face="Arial,Helvetica">officials for carrying the law into effect.
It was the unanimous opinion of all </font>
<br><font face="Arial,Helvetica">opponents of the law that the Bureau of
Chemistry should have nothing to do with </font>
<br><font face="Arial,Helvetica">its enforcement. It was well understood
that the attitude of the Bureau of </font>
<br><font face="Arial,Helvetica">Chemistry was distinctly hostile to the
use of chemical preservatives of any </font>
<br><font face="Arial,Helvetica">kind in food and that all such manipulations
threatening the health of the </font>
<br><font face="Arial,Helvetica">American consumer would be frowned upon.
In spite of many attempts to prevent </font>
<br><font face="Arial,Helvetica">it, Congress deliberately and overwhelmingly
decided to submit the execution of </font>
<br><font face="Arial,Helvetica">the law to the Bureau of Chemistry.</font>
<br><font face="Arial,Helvetica">SOURCES OF INFORMATION</font>
<br><font face="Arial,Helvetica"> In the future the student
of history who may wish to review all that was said </font>
<br><font face="Arial,Helvetica">and done during the fight for the enactment
of the pure food law will find all, </font>
<br><font face="Arial,Helvetica">the hearings in the libraries connected
with the various committees in Congress </font>
<br><font face="Arial,Helvetica">in charge of these hearings. They are
a thesaurus of interesting facts which the </font>
<br><font face="Arial,Helvetica">future historian ought not to overlook.</font>
<p><font face="Arial,Helvetica">FURTHER EXCERPTS FROM THE CLOSING SUMMARY</font>
<br><font face="Arial,Helvetica"> MR. BARTLETT: I would conclude,
then, that you think benzoic acid as a </font>
<br><font face="Arial,Helvetica">preservative is not necessary.</font>
<br><font face="Arial,Helvetica"> DR. WILEY: I think you forecast
my argument very well.</font>
<br><font face="Arial,Helvetica"> MR. ADAMSON: Before you became
a chemist, you saw women make catsup and put </font>
<br><font face="Arial,Helvetica">it up hot in sealed bottles and keep it
a long time, didn't you?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: Yes, sir.</font>
<br><font face="Arial,Helvetica"> MR. ADAMSON: Without putting
anything in it?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: Excepting the
ordinary spices and condiments. I want to call the </font>
<br><font face="Arial,Helvetica">especial attention of this committee to
this argument which I am presenting. I </font>
<br><font face="Arial,Helvetica">will state it again without reading from
my manuscript, so as to make it </font>
<br><font face="Arial,Helvetica">perfectly distinct.</font>
<br><font face="Arial,Helvetica"> The human body is required
to do a certain amount of normal work. That amount </font>
<br><font face="Arial,Helvetica">of normal work is a beneficial exercise
of these organs. If you diminish the </font>
<br><font face="Arial,Helvetica">normal work of an organ you produce atrophy--lack
of functional activity. If you </font>
<br><font face="Arial,Helvetica">increase it hypertrophy ensues, and increase
of functional activity. Nearly all </font>
<br><font face="Arial,Helvetica">of the organs that wear out do so from
one of those causes, not from normal </font>
<br><font face="Arial,Helvetica">exercise of their functions. Therefore,
assuming that the food of man, as </font>
<br><font face="Arial,Helvetica">prepared by the Creator and modified by
the cook, is the normal food of man, any </font>
<br><font face="Arial,Helvetica">change in the food which adds a burden
to any of the organs, or any change which </font>
<br><font face="Arial,Helvetica">diminishes their normal functional activity,
must be hurtful.</font>
<br><font face="Arial,Helvetica"> MR. ESCH: If the organs were
always normal, death would not ensue?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: I will not go
so far as that, Mr. Esch. I do, refer to longevity, </font>
<br><font face="Arial,Helvetica">though, and I believe this with all my
heart, that when man eats a normal food </font>
<br><font face="Arial,Helvetica">normally the length of human life will
be greatly extended. That is what I </font>
<br><font face="Arial,Helvetica">believe. But if we consume abnormal food
abnormally we shall lessen the length </font>
<br><font face="Arial,Helvetica">of human life.</font>
<br><font face="Arial,Helvetica"> MR. TOWNSEND: Who is going
to define normal food; there is a great difference </font>
<br><font face="Arial,Helvetica">of opinion about that?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: I will admit that.</font>
<br><font face="Arial,Helvetica"> MR. MANN: Doctor, do you
think the action of eating cranberries with turkeys </font>
<br><font face="Arial,Helvetica">is detrimental to health in any way or
to any degree?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: I will answer
that as categorically as I can. I do not believe </font>
<br><font face="Arial,Helvetica">that a healthy organism is going to receive
any permanent injury or measurable </font>
<br><font face="Arial,Helvetica">injury by eating cranberries because they
contain benzoic acid. And I want to </font>
<br><font face="Arial,Helvetica">add this, that it is not because they
contain benzoic acid that they are </font>
<br><font face="Arial,Helvetica">wholesome, but that if they did not contain
it they would be more wholesome than </font>
<br><font face="Arial,Helvetica">they are.</font>
<br><font face="Arial,Helvetica"> I want to accentuate this
point: I noticed very many questions from many </font>
<br><font face="Arial,Helvetica">members of the committee which lead me
to think that you have this feeling, that </font>
<br><font face="Arial,Helvetica">if a substance does not hurt you so that
you can measure it it is not harmful. </font>
<br><font face="Arial,Helvetica">That does not follow at all. Take this
one substance of benzoic acid. Benzoic </font>
<br><font face="Arial,Helvetica">acid never takes any part in the formation
of tissue, and its. degradation </font>
<br><font face="Arial,Helvetica">product is hippuric acid, which is a most
violent poison. If the kidneys should </font>
<br><font face="Arial,Helvetica">cease to act for twenty-four hours there
is not a man on this committee who </font>
<br><font face="Arial,Helvetica">would not be at death's door from the
hippuric acid and the urea which would be </font>
<br><font face="Arial,Helvetica">in the blood. Hippuric acid is perhaps
far more poisonous than urea; it is a </font>
<br><font face="Arial,Helvetica">deadly poison. Therefore nature gets rid
of it directly it is formed, otherwise </font>
<br><font face="Arial,Helvetica">health would be destroyed.</font>
<br><font face="Arial,Helvetica"> Now, is there force in the
argument, gentlemen, that in view of the fact that </font>
<br><font face="Arial,Helvetica">this degradation product comes from the
natural foods which we eat--and I am not </font>
<br><font face="Arial,Helvetica">criticizing the Creator at all for putting
them in the food--then benzoic acid, </font>
<br><font face="Arial,Helvetica">which occurs in natural foods and of which
the degradation product is a violent </font>
<br><font face="Arial,Helvetica">poison if increased by an infimitesimal
amount, and although we may not be able </font>
<br><font face="Arial,Helvetica">to note any injury coming from it, yet
should we be advised to use it? There is </font>
<br><font face="Arial,Helvetica">a subtle injury which will tell in time.
For instance, a mathematician desires </font>
<br><font face="Arial,Helvetica">to make a curve to express inflnitesimally
small values which only the </font>
<br><font face="Arial,Helvetica">mathematician can consider, and to do
that he has to have experimental evidence. </font>
<br><font face="Arial,Helvetica">He can not experiment at the small end
of his curve; it is impossible. He </font>
<br><font face="Arial,Helvetica">experiments upon the part of the curve
that he can measure, fixes the ordinates </font>
<br><font face="Arial,Helvetica">and the abscissas with the points that
he can measure. Then he draws his curve, </font>
<br><font face="Arial,Helvetica">passing into the infnitesimally small
values. And it is the same with the </font>
<br><font face="Arial,Helvetica">substances added to food. You must construct
your curve on data which you can </font>
<br><font face="Arial,Helvetica">measure, and then you draw your curve
down to the inflnitesimally small. That </font>
<br><font face="Arial,Helvetica">curve is a curve the moment it varies
from zero, although you can not see it or </font>
<br><font face="Arial,Helvetica">measure it. If you add any substance to
food--add, I say--which produces a </font>
<br><font face="Arial,Helvetica">poisonous degradation product, or adds
one additional burden to the secretory </font>
<br><font face="Arial,Helvetica">organs, you have changed that infinitesimal
small part of your curve that you </font>
<br><font face="Arial,Helvetica">can not measure, but the change is there
all the same.</font>
<br><font face="Arial,Helvetica"> MR. MANN: Take the case of
cranberries. Does benzoic acid in the cranberries </font>
<br><font face="Arial,Helvetica">to the extent that the benzoic acid exists
injure cranberries as a food?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: It is so small.
that you can not measure its harmful effects.</font>
<br><font face="Arial,Helvetica"> MR. MANN: But to the extent
that it exists at all; or that the other values </font>
<br><font face="Arial,Helvetica">in cranberries as a food in the normal
use of them overcome the injurious </font>
<br><font face="Arial,Helvetica">effects of benzoic acid. If that be the
case, might not that be the case of </font>
<br><font face="Arial,Helvetica">other preservatives in other foods?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: What is true of
one is true of all.</font>
<br><font face="Arial,Helvetica"> MR. MANN: But with artificial
preservatives. Might not the case arise where, </font>
<br><font face="Arial,Helvetica">although the food is injured to the extent
in which the preservative exists, yet </font>
<br><font face="Arial,Helvetica">it has preserved the food so that it is
better food, the total product is better </font>
<br><font face="Arial,Helvetica">than the food would have been without
the preservative. That is what we want to </font>
<br><font face="Arial,Helvetica">get at here.</font>
<br><font face="Arial,Helvetica"> DR. WILEY: I stated that
particularly in my introduction. I said there were </font>
<br><font face="Arial,Helvetica">many places where preservatives were indicated.
Wherever you can make food </font>
<br><font face="Arial,Helvetica">better, where it is impossible to have
it without having a preservative, </font>
<br><font face="Arial,Helvetica">certainly the preservative is indicated.</font>
<br><font face="Arial,Helvetica"> MR. ADAMSON: I am curious
to ask you, before you leave the subject of </font>
<br><font face="Arial,Helvetica">cranberries, about the effect of berries,
in which I am locally interested. I </font>
<br><font face="Arial,Helvetica">can give up cranberries, but I can not
give up blackberries and huckleberries. * </font>
<br><font face="Arial,Helvetica">* *</font>
<br><font face="Arial,Helvetica"> MR. BARTLETT: Did you see
the account in yesterday's Herald about the dinner </font>
<br><font face="Arial,Helvetica">that some chemist gave to a friend in
New York, at which everything they ate was </font>
<br><font face="Arial,Helvetica">made out of acids and things of that kind?</font>
<br><font face="Arial,Helvetica"> MR. MANN: Synthetic products?</font>
<br><font face="Arial,Helvetica"> MR. BARTLETT: Yes.</font>
<br><font face="Arial,Helvetica"> DR. WILEY: Yes, sir; I saw
the account, and I know the gentlemen very well. I </font>
<br><font face="Arial,Helvetica">don't believe any of them would care to
eat that kind of a dinner every day. It </font>
<br><font face="Arial,Helvetica">is like my very distinguished friend,
Professor Chittenden, perhaps the most </font>
<br><font face="Arial,Helvetica">distinguished physiological chemist in
this country, who proved conclusively to </font>
<br><font face="Arial,Helvetica">himself that man in his natural tastes
ate too much protein. The average man </font>
<br><font face="Arial,Helvetica">instead of eating 17 grams of nitrogen
in a day, as he does, ought not to eat </font>
<br><font face="Arial,Helvetica">more than 10 or 11. But almost every man
taught to do that, I understand, has </font>
<br><font face="Arial,Helvetica">gone back to the old way, although apparently
it was beneficial at the time.</font>
<br><font face="Arial,Helvetica"> MR. TOWNSEND: Professor Chittenden
does not agree with you in regard to the </font>
<br><font face="Arial,Helvetica">use of preservatives.</font>
<br><font face="Arial,Helvetica"> DR. WILEY: I think not; I
think he does not agree with me. I want to say </font>
<br><font face="Arial,Helvetica">here, Mr. Chairman, that experts never
think the less of each other because they </font>
<br><font face="Arial,Helvetica">disagree; it is the natural condition
of humanity.</font>
<br><font face="Arial,Helvetica"> MR. ADAMSON: You did not
really run a boarding house on pills, paregoric, and </font>
<br><font face="Arial,Helvetica">other things, did you?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: I ran a boarding
house something of the kind you describe for four </font>
<br><font face="Arial,Helvetica">years, and I am running it to-day; and
would be pleased to have you come down </font>
<br><font face="Arial,Helvetica">and take a meal with us.</font>
<br><font face="Arial,Helvetica"> MR. ADAMSON: I think I would
prefer to have a colored woman do the cooking </font>
<br><font face="Arial,Helvetica">for me.</font>
<br><font face="Arial,Helvetica"> DR. WILEY: We have a colored
cook. You will hear more about that boarding </font>
<br><font face="Arial,Helvetica">house later on.</font>
<br><font face="Arial,Helvetica"> MR. BARTLETT: I understood
you to say you knew these gentlemen in New York </font>
<br><font face="Arial,Helvetica">who gave this dinner that we were speaking
about a moment ago?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: I know them very
well.</font>
<br><font face="Arial,Helvetica"> MR. BARTLETT: They are reliable
gentlemen?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: Oh, yes; perfectly
so. In fact, I have a very high opinion of the </font>
<br><font face="Arial,Helvetica">chemists of this country. Just as high
when they differ from as when they agree </font>
<br><font face="Arial,Helvetica">with me.</font>
<br><font face="Arial,Helvetica"> MR. ADAMSON: While you have
such a high opinion, yet you do not take their </font>
<br><font face="Arial,Helvetica">judgment in these instances?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: Certainly not;
I should not occupy such a position. I do not want </font>
<br><font face="Arial,Helvetica">anybody else to judge for me the results
of my own work. I want to do that </font>
<br><font face="Arial,Helvetica">myself.</font>
<br><font face="Arial,Helvetica"> MR. ADAMSON: I wanted to
give you a chance to disclaim that.</font>
<br><font face="Arial,Helvetica"> DR. WILEY: Not only disclaim
it, but I never have put myself in any such </font>
<br><font face="Arial,Helvetica">position and never intend to.</font>
<br><font face="Arial,Helvetica"> Now I will go on with my
statement.</font>
<br><font face="Arial,Helvetica"> Because nature produces an
almost infinitesimal quantity of substances in </font>
<br><font face="Arial,Helvetica">foods which add to the quantity of these
poisonous excreta appears to me to be </font>
<br><font face="Arial,Helvetica">no valid argument for their wholesomeness.
Could even the small trace of </font>
<br><font face="Arial,Helvetica">substances in our foods which produces
hippuric acid be eliminated, the </font>
<br><font face="Arial,Helvetica">excretory organs would be relieved of
a useless burden and the quantity of work </font>
<br><font face="Arial,Helvetica">required by them be diminished. This would
be conducive to better health and </font>
<br><font face="Arial,Helvetica">increased longevity. I fail to see the
force of the argument that a deliberate </font>
<br><font face="Arial,Helvetica">increase of the work required by the adding
of substances capable of producing </font>
<br><font face="Arial,Helvetica">poisonous degradation products is helpful
and advisable. Granting, for the sake </font>
<br><font face="Arial,Helvetica">of the argument, the grounds of a trace
of benzoic acid and its analyses in all </font>
<br><font face="Arial,Helvetica">the substances mentioned by Professor
Kremers, we do not find that this is a </font>
<br><font face="Arial,Helvetica">warrant to add more of these bodies, but,
on the contrary, a highly accentuated </font>
<br><font face="Arial,Helvetica">warning to avoid any additional burden.
That benzoic acid is a useful medicine, </font>
<br><font face="Arial,Helvetica">no one who has ever studied medicine will
deny, but I think almost every </font>
<br><font face="Arial,Helvetica">practicing physician will tell you that
the exhibition of drugs having a </font>
<br><font face="Arial,Helvetica">medicinal value in case of health is highly
prejudicial to the proper activity </font>
<br><font face="Arial,Helvetica">of these drugs when used in disease. The
excretory organs of the body become </font>
<br><font face="Arial,Helvetica">deadened in their sensibilities by the
continued bombardment to which they are </font>
<br><font face="Arial,Helvetica">subjected and do not respond at the proper
time to the stimulus which a medicine </font>
<br><font face="Arial,Helvetica">is supposed to produce. Keeping the hand
in cold water constantly would unfit it </font>
<br><font face="Arial,Helvetica">to be benefited by the addition of a cold
application for remedial purposes.</font>
<br><font face="Arial,Helvetica"> I think that I need only
call the attention of the committee to the wide </font>
<br><font face="Arial,Helvetica">distinction between a drug used for medicinal
purposes and a food product to </font>
<br><font face="Arial,Helvetica">show them that all reasoning based on
the value of drugs as medicines is totally </font>
<br><font face="Arial,Helvetica">inapplicable to their possibly beneficial
effects in foods. I further think I </font>
<br><font face="Arial,Helvetica">shall be sustained almost unanimously
by the medical profession of the United </font>
<br><font face="Arial,Helvetica">States when I say to this committee that
the "drug habit," which is so </font>
<br><font face="Arial,Helvetica">constantly and so unavoidably, I am sorry
to say, formed in this country is one </font>
<br><font face="Arial,Helvetica">of the greatest sources of danger to the
public health and of difficulty in the </font>
<br><font face="Arial,Helvetica">use of remedial agents that can well be
imagined. Professor Kremers, on page 33, </font>
<br><font face="Arial,Helvetica">seeks to justify the statement he reads
from Professor Hare respecting the </font>
<br><font face="Arial,Helvetica">properties of benzoic acid by saying that
benzoic acid is useful in diseases of </font>
<br><font face="Arial,Helvetica">the urinary organs which produce alkalinity.
I will show this committee later on </font>
<br><font face="Arial,Helvetica">that small doses of borax bring about
this abnormal condition of the urine, and </font>
<br><font face="Arial,Helvetica">therefore it might be advisable in using
borax, which has been pronounced </font>
<br><font face="Arial,Helvetica">harmless by some experts here, to be able
to counteract one of its particularly </font>
<br><font face="Arial,Helvetica">certain effects by administering a remedy
at the same time that you supply the </font>
<br><font face="Arial,Helvetica">cause of the disease. For this reason
your committee might well say in the bill </font>
<br><font face="Arial,Helvetica">that whenever borax is used in foods benzoic
acid should also be used as a </font>
<br><font face="Arial,Helvetica">corrective of its dangerous influences.</font>
<br><font face="Arial,Helvetica"> I am somewhat surprised also
at the reference that Professor Kremers makes to </font>
<br><font face="Arial,Helvetica">salt, on page 34. Salt is not only a delightful
condiment, but an absolute </font>
<br><font face="Arial,Helvetica">necessity to human life, and the fact
that excessive doses of salt are injurious </font>
<br><font face="Arial,Helvetica">has no more to do with this argument than
the fact that you can make yourself </font>
<br><font face="Arial,Helvetica">ill by eating too much meat. It seems
to me astonishing in these days of rigid </font>
<br><font face="Arial,Helvetica">scientific investigation that such fallacious
reasoning can be seriously </font>
<br><font face="Arial,Helvetica">indulged in for the sake of proving the
harmlessness of a noncondimental </font>
<br><font face="Arial,Helvetica">substance. Yet this is the argument advanced
by Professor Kremers on page 34 in </font>
<br><font face="Arial,Helvetica">respect of salt, wood smoke, and other
useful, valuable, and necessary </font>
<br><font face="Arial,Helvetica">condimental bodies. The argument in regard
to benzaldehyde in ice cream is on </font>
<br><font face="Arial,Helvetica">the same plane. The substance known as
ice cream, as usually made, is an </font>
<br><font face="Arial,Helvetica">inferior food product at best, and how
it could be improved by the addition of a </font>
<br><font face="Arial,Helvetica">substance which increases the quantity
of poisonous principles in the excrements </font>
<br><font face="Arial,Helvetica">is a matter entirely beyond my comprehension.
I am perfectly familiar with the </font>
<br><font face="Arial,Helvetica">argument that this small quantity would
not produce any harm. It is doubtless </font>
<br><font face="Arial,Helvetica">true, Mr. Chairman, that a slight increase
for one day or even oftener of these </font>
<br><font face="Arial,Helvetica">bodies in the food would produce practically
no measurable effect upon a healthy </font>
<br><font face="Arial,Helvetica">individual for a long time, but that in
the end it would produce no harmful </font>
<br><font face="Arial,Helvetica">effect is contrary to all the rules of
physiology and logic.</font>
<br><font face="Arial,Helvetica"> The body wears out and death
supervenes in natural order from two causes: </font>
<br><font face="Arial,Helvetica">First, from a failure of the absorptive
activities of the metabolic processes, </font>
<br><font face="Arial,Helvetica">and, second, by an increased activity
of the catabolic processes, producing </font>
<br><font face="Arial,Helvetica">increased amounts of poisonous and toxic
matters in the system, while the </font>
<br><font face="Arial,Helvetica">excretory organs are less able to care
for them. Thus the general vitality of </font>
<br><font face="Arial,Helvetica">the body is gradually reduced, and even
old age, which is regarded as a natural </font>
<br><font face="Arial,Helvetica">death, is a result of these toxic activities
carried through a period of time </font>
<br><font face="Arial,Helvetica">varying in extreme old age from eighty
to one hundred years. This process is </font>
<br><font face="Arial,Helvetica">described by Professor Minot, of Harvard
University, as the differentiation and </font>
<br><font face="Arial,Helvetica">degeneration of. the protoplasm. On the
contrary, it is not difficult to show </font>
<br><font face="Arial,Helvetica">that .every condimental substance, by
its necessary and generally stimulating </font>
<br><font face="Arial,Helvetica">effect upon the excretory organs which
produce the enzymes of digestion, </font>
<br><font face="Arial,Helvetica">produces a positively helpful result,
while its preservative properties are </font>
<br><font face="Arial,Helvetica">incidental merely thereto. Condiments
are used not simply because they are </font>
<br><font face="Arial,Helvetica">preservatives, but because without them
the digestive organs would not respond </font>
<br><font face="Arial,Helvetica">to the demands of nature, and therefore
I ask your very careful consideration of </font>
<br><font face="Arial,Helvetica">the arguments based upon a comparison
of noncondimental preservatives added to </font>
<br><font face="Arial,Helvetica">foods and the use of the condimental substances
which are natural and necessary. </font>
<br><font face="Arial,Helvetica">I do not believe that your minds will
be misled in the consideration of this </font>
<br><font face="Arial,Helvetica">important and radical distinction.</font>
<br><font face="Arial,Helvetica"> A careful review of other
parts of the argument of Professor Kremers shows </font>
<br><font face="Arial,Helvetica">that he unwittingly admits the poisonous
and deleterious properties of benzoic </font>
<br><font face="Arial,Helvetica">acid by calling attention, on page 35,
to the fact that when doses of it are </font>
<br><font face="Arial,Helvetica">added to an kinds of stock, so called,
preserved in large quantities, it is </font>
<br><font face="Arial,Helvetica">boiled out or disappears by sublimation
during subsequent treatment. If benzoic </font>
<br><font face="Arial,Helvetica">acid is a. harmless substance, as suggested,
why should so much importance be </font>
<br><font face="Arial,Helvetica">attached by its advocates to the fact
that it is practically eliminated? Thus </font>
<br><font face="Arial,Helvetica">the advocates of benzoic acid at once,
by their own words, show the insecurity </font>
<br><font face="Arial,Helvetica">of the platform on which they stand.</font>
<br><font face="Arial,Helvetica"> MR. TOWNSEND: Did you understand
him to testify in that way as showing that </font>
<br><font face="Arial,Helvetica">that was the reason it was not harmful?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: No; excepting
it was boiled out.</font>
<br><font face="Arial,Helvetica"> MR. TOWNSEND: That was in
answer to a question.</font>
<br><font face="Arial,Helvetica"> MR. ESCH: The use of it more
particularly with reference to the preparation </font>
<br><font face="Arial,Helvetica">of the stock.</font>
<br><font face="Arial,Helvetica"> DR. WILEY: Yes; I have mentioned
that in large quantities, in relation to the </font>
<br><font face="Arial,Helvetica">stock.</font>
<br><font face="Arial,Helvetica"> You are asked to insert in
this bill a provision which will allow the use of </font>
<br><font face="Arial,Helvetica">one-fourth or one-fifth of 1 per cent
of benzoic acid in food products, which is </font>
<br><font face="Arial,Helvetica">practically ten times that found, as stated
by Professor Kremers, in the </font>
<br><font face="Arial,Helvetica">cranberry, which, of all known vegetable
substances used as foods, contains the </font>
<br><font face="Arial,Helvetica">largest quantity. Fortunately, cranberries
are not an article of daily diet. Do </font>
<br><font face="Arial,Helvetica">not, I beg of you, lose view of the fact
that because a single dose of benzoic </font>
<br><font face="Arial,Helvetica">acid does not make you ill its daily consumption
is wholly harmless. This is a </font>
<br><font face="Arial,Helvetica">non-sequitur of the most dangerous character.</font>
<br><font face="Arial,Helvetica"> Professor Kremers says that
he has searched through all literature and has </font>
<br><font face="Arial,Helvetica">not found a statement that benzoic acid
administered even in medicinal doses </font>
<br><font face="Arial,Helvetica">would produce harm. I would like to compare
this with his own quotation of </font>
<br><font face="Arial,Helvetica">Professor Hare, in which it is said:</font>
<br><font face="Arial,Helvetica"> Ordinary doses
cause a sense of warmth through the entire body, which </font>
<br><font face="Arial,Helvetica"> feeling increases with the amount
ingested, large quantities causing severe </font>
<br><font face="Arial,Helvetica"> burning pain. </font>
<br><font face="Arial,Helvetica"> Asked by Mr. Richardson,
Professor Kremers acknowledged that there might be </font>
<br><font face="Arial,Helvetica">many persons who would be injuriously
affected by benzoic acid. Now, when anyone </font>
<br><font face="Arial,Helvetica">is accused of a crime it is no defense
to prove that the crime was not committed </font>
<br><font face="Arial,Helvetica">against a hundred or a million individuals.
It is sufficient to prove that it </font>
<br><font face="Arial,Helvetica">was committed against one. Professor Kremers
acknowledges that benzoic acid may </font>
<br><font face="Arial,Helvetica">be harmful, therefore Professor Kremers
has convicted benzoic acid as being a </font>
<br><font face="Arial,Helvetica">harmful substance; and, therefore, his
argument that it should be used </font>
<br><font face="Arial,Helvetica">indiscriminately in foods, or, as asked
when before this committee, be permitted </font>
<br><font face="Arial,Helvetica">to the extent of one-fourth of 1 per cent,
being ten times the quantity produced </font>
<br><font face="Arial,Helvetica">in its most abundant natural substance,
seems wholly illogical.</font>
<br><font face="Arial,Helvetica"> MR. TOWNSEND: That would
be true of any article; that not only applies to a </font>
<br><font face="Arial,Helvetica">preservative, but it applies to all kinds
of foods as well.</font>
<br><font face="Arial,Helvetica"> DR. WILEY: Well, yes; but
foods and drugs must be regarded differently.</font>
<br><font face="Arial,Helvetica"> MR. BARTLETT: There are people
who can not eat food ordinarily regarded as </font>
<br><font face="Arial,Helvetica">harmless. There are certain people who
can not drink sweet milk; and I know </font>
<br><font face="Arial,Helvetica">people who can not eat eggs of any description,
nor anything that has an egg in </font>
<br><font face="Arial,Helvetica">it. Now, do you think that everybody ought
to be prevented from eating eggs or </font>
<br><font face="Arial,Helvetica">drinking milk if a half a dozen people
in a thousand are injuriously affected by </font>
<br><font face="Arial,Helvetica">them?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: Certainly not;
nor would I prevent anybody from using benzoic acid </font>
<br><font face="Arial,Helvetica">who wanted to do it, but I certainly would
help persons from using it who did </font>
<br><font face="Arial,Helvetica">not want to use it. I am not advocating
the prohibition of the use of benzoic </font>
<br><font face="Arial,Helvetica">acid by anybody who wants to use it. I
would be in favor of putting benzoic acid </font>
<br><font face="Arial,Helvetica">in a little salt-cellar, the same as is
used for salt and pepper, and letting </font>
<br><font face="Arial,Helvetica">the people use it if they want to. I think
benzoic acid would not hurt me, or be </font>
<br><font face="Arial,Helvetica">injurious to my system, if I used it one
day--</font>
<br><font face="Arial,Helvetica"> MR. BARTLETT: You know some
people have tried to eat a quail a day for thirty </font>
<br><font face="Arial,Helvetica">days, but they get sick.</font>
<br><font face="Arial,Helvetica"> MR. ADAMSON: Is there not
a great difference between the occasional use of </font>
<br><font face="Arial,Helvetica">these poisons medicinally, in cases of
emergency, and the use of them in any </font>
<br><font face="Arial,Helvetica">quantities in food?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: I think that is
a great point. I will come presently to the </font>
<br><font face="Arial,Helvetica">statement of Professor Vaughan, which
covers that case beautifully in the </font>
<br><font face="Arial,Helvetica">testimony he gave here.</font>
<br><font face="Arial,Helvetica"> There are two points that
I wanted to call to the attention of the committee. </font>
<br><font face="Arial,Helvetica">One is that we have examined a number
of substances in which Dr. Kedzie </font>
<br><font face="Arial,Helvetica">testified that he has found benzoic acid,
and we have found none.</font>
<br><font face="Arial,Helvetica"> MR. BARTLETT: What substances
are those?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: Dr. Kedzie testified
that he had found benzoic acid in </font>
<br><font face="Arial,Helvetica">cranberries, huckleberries, plums, grapes,
grapefruit, oranges, pineapples, </font>
<br><font face="Arial,Helvetica">carrots, pears, cauliflower, rhubarb,
and green peppers.</font>
<br><font face="Arial,Helvetica"> We have obtained from the
open market samples of the following fruits and </font>
<br><font face="Arial,Helvetica">vegetables, said by Professor Kedzie to
contain benzoic, and tested them for </font>
<br><font face="Arial,Helvetica">benzoic acid:</font>
<br><font face="Arial,Helvetica"> Malaga grapes, grapefruit,
oranges, pineapples (two varieties), carrots, </font>
<br><font face="Arial,Helvetica">parsnips, cauliflower, rhubarb, and green
peppers. We were unable to obtain any </font>
<br><font face="Arial,Helvetica">indication of benzoic acid in any of these
fruits with the exception of </font>
<br><font face="Arial,Helvetica">pineapples, where in one test of one variety
there was a reaction which might </font>
<br><font face="Arial,Helvetica">have been caused by a trace of benzoic
acid. On repeating the test on a fresh </font>
<br><font face="Arial,Helvetica">portion of the sample, however, the test
could not be confirmed. The test </font>
<br><font face="Arial,Helvetica">obtained, however, even if caused by benzoic
acid, was so slight that the </font>
<br><font face="Arial,Helvetica">substance could not have been present
in greater quantity than one part per </font>
<br><font face="Arial,Helvetica">million, or one ten-thousandth of 1 per
cent. It is certain from our analyses </font>
<br><font face="Arial,Helvetica">that benzoic acid is not present in this
substance in the quantities stated by </font>
<br><font face="Arial,Helvetica">Doctor Kedzie, viz., from one one-hundredth
to two one-hundredths of 1 per cent.</font>
<br><font face="Arial,Helvetica"> In 1904 1 obtained samples
of huckleberries grown in three regions of the </font>
<br><font face="Arial,Helvetica">United States and did not succeed in obtaining
the slightest indication of </font>
<br><font face="Arial,Helvetica">benzoic acid in any of them.</font>
<br><font face="Arial,Helvetica"> Professor Kedzie also dwells
upon the fact that in the process of cooking a </font>
<br><font face="Arial,Helvetica">great deal of the benzoic; acid escapes.
Inasmuch as he contends that it is </font>
<br><font face="Arial,Helvetica">harmless, the object of enforcing this
view of the case is not apparent, </font>
<br><font face="Arial,Helvetica">although I do not doubt its accuracy.</font>
<br><font face="Arial,Helvetica"> Professor Kedzie found catsup
made by Heinz, when sold in Michigan, to </font>
<br><font face="Arial,Helvetica">contain benzoic acid. Mr. Allen finds
that when sold in Kentucky, it does not </font>
<br><font face="Arial,Helvetica">contain any benzoic acid. Professor Kedzie
states that he has determined that </font>
<br><font face="Arial,Helvetica">the amount of benzoic acid in grapes is
not far from one one-hundredth to one </font>
<br><font face="Arial,Helvetica">two-hundredths of 1 per cent. It requires,
of course, very delicate </font>
<br><font face="Arial,Helvetica">manipulations to quantitatively determine
these small quantities and very large </font>
<br><font face="Arial,Helvetica">quantities of samples must be taken. We
feel certain that Professor Kedzie has </font>
<br><font face="Arial,Helvetica">utilized much more delicate methods than
we have been able to develop in our own </font>
<br><font face="Arial,Helvetica">laboratory and I regret that he .did not
disclose the methods employed to the </font>
<br><font face="Arial,Helvetica">committee.</font>
<br><font face="Arial,Helvetica"> Professor Kedzie testifies
that the artificial product added to a food does </font>
<br><font face="Arial,Helvetica">not differ from the article naturally
present in food. He testifies that it is </font>
<br><font face="Arial,Helvetica">present as pure benzoic acid in either
case. This statement would mean that if </font>
<br><font face="Arial,Helvetica">you should take some butter and skim milk
and beat them up together the product </font>
<br><font face="Arial,Helvetica">will be exactly. the same as that of the
original full-cream milk. This is a </font>
<br><font face="Arial,Helvetica">remarkable doctrine in physiological chemistry,
and upon this doctrine could be </font>
<br><font face="Arial,Helvetica">established the perfect wholesomeness
of all synthetic foods. This will be </font>
<br><font face="Arial,Helvetica">strange doctrine to the makers of champagne.
For instance, a still wine having </font>
<br><font face="Arial,Helvetica">practically the same composition as champagne,
when artificially carbonated with </font>
<br><font face="Arial,Helvetica">the same quantity of carbonic acid which
would be found in the natural </font>
<br><font face="Arial,Helvetica">champagne, is exactly the same substance
as the article made naturally by </font>
<br><font face="Arial,Helvetica">fermentation in the bottle by the slow
and tedious process employed. Every </font>
<br><font face="Arial,Helvetica">physician who prescribes champagne and
every man who drinks it will without </font>
<br><font face="Arial,Helvetica">hesitation doubt this statement.</font>
<br><font face="Arial,Helvetica"> Professor Kedzie testifies
that he is not a physiological chemist and not a </font>
<br><font face="Arial,Helvetica">doctor of medicine. On the same page,
however, he testifies that between 60 and </font>
<br><font face="Arial,Helvetica">100 grains, a large amount, a teaspoonful
or a tablespoonful or something like </font>
<br><font face="Arial,Helvetica">that, would have an inflammatory action
upon the stomach. When asked in regard </font>
<br><font face="Arial,Helvetica">to its specific effect in small doses,
he said:</font>
<br><font face="Arial,Helvetica"> I eat cranberries
right straight through the season. I like the </font>
<br><font face="Arial,Helvetica"> cranberries, and I see no untoward
effects whatever from their use. I never </font>
<br><font face="Arial,Helvetica"> took benzoic acid except in that
form and in the form of catsup. </font>
<br><font face="Arial,Helvetica"> He therefore testifies, as
he says, from his own personal experience, and. at </font>
<br><font face="Arial,Helvetica">the same time says that he never took
any except that which was natural to </font>
<br><font face="Arial,Helvetica">certain foods and introduced in catsup.
Professor Kedzie has already testified </font>
<br><font face="Arial,Helvetica">that cranberries contain only five one-hundredths
of 1 per cent of benzoic acid. </font>
<br><font face="Arial,Helvetica">The amount which he took daily he does
not state, but it evidently must have </font>
<br><font face="Arial,Helvetica">been quite small in quantity, and, more
than that, it was in the form in which </font>
<br><font face="Arial,Helvetica">the Author of Nature had placed it and
not in an artificial or adulterated form. </font>
<br><font face="Arial,Helvetica">From this remarkable metabolic experiment
Professor Kedzie says that he can </font>
<br><font face="Arial,Helvetica">testify from his own experience that benzoic
acid is not harmful. I ask you, </font>
<br><font face="Arial,Helvetica">gentlemen, to consider in all seriousness
expert testimony of that description </font>
<br><font face="Arial,Helvetica">and compare it with the elaborate trial
and continued experimental work </font>
<br><font face="Arial,Helvetica">conducted in the Department of Agriculture
on similar lines of inquiry which I </font>
<br><font face="Arial,Helvetica">have mentioned.</font>
<br><font face="Arial,Helvetica"> I quote Professor Kedzie's
experiments with boric acid and salicylic acid:</font>
<br><font face="Arial,Helvetica"> I investigated
bulk oysters, for instance, and found the presence of boric </font>
<br><font face="Arial,Helvetica"> acid in a small amount. We investigated
shrimps, also, which I found at the </font>
<br><font face="Arial,Helvetica"> market and brought to the laboratory.
That is my way of teaching. I </font>
<br><font face="Arial,Helvetica"> investigated the shrimps and found
in the shrimp liquor, on evaporating it, </font>
<br><font face="Arial,Helvetica"> that there was a considerable amount
of boric acid. Then, I took a sample of </font>
<br><font face="Arial,Helvetica"> pickles from my grocer--pickles
that I eat myself--and tested them and found </font>
<br><font face="Arial,Helvetica"> in the vinegar of the pickles sulphurous
acid to prevent that little growth of </font>
<br><font face="Arial,Helvetica"> mold that is so objectionable to
the consumer. </font>
<br><font face="Arial,Helvetica"> MR. BURKE: To what extent
did you find sulphurous acid in the vinegar that </font>
<br><font face="Arial,Helvetica">you have just spoken of?</font>
<br><font face="Arial,Helvetica"> MR. KEDZIE: I did not estimate
the exact amount, but it was very small. It </font>
<br><font face="Arial,Helvetica">takes very little to inhibit the growth
of a mold in the vinegar.</font>
<br><font face="Arial,Helvetica"> MR. ESCH: What determination
did you reach in regard to cranberries?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: His analysis and
ours agreed almost exactly.</font>
<br><font face="Arial,Helvetica"> MR. TOWNSEND: Did you examine
more than one specimen of the cranberries?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: We examined a
large number. That is only a question, however, of </font>
<br><font face="Arial,Helvetica">analytical detail. I only present that,
not to throw any doubt on the fact of </font>
<br><font face="Arial,Helvetica">the wide distribution of benzoic acid,
which no one denies.</font>
<br><font face="Arial,Helvetica"> I also want to call the attention
of the committee to Doctor Kedzie's expert </font>
<br><font face="Arial,Helvetica">testimony to the effect on his health,
and ask you to compare the few samples of </font>
<br><font face="Arial,Helvetica">cranberries that he has eaten, and few
samples of ketchups, with the careful </font>
<br><font face="Arial,Helvetica">determination which we have made. That
is all. The rest is confirmatory of what </font>
<br><font face="Arial,Helvetica">Professor Kedzie says.</font>
<br><font face="Arial,Helvetica"> I say here that I am sorry
that Professor Kedzie did not submit his methods </font>
<br><font face="Arial,Helvetica">of examination; and I would like to incorporate
in the minutes the methods which </font>
<br><font face="Arial,Helvetica">we have used so he can review our work
if he desires.</font>
<br><font face="Arial,Helvetica"> MR. EXCH: Do you know of
any other analysts who have found benzoic acid in </font>
<br><font face="Arial,Helvetica">these fruits?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: No; I do not.
I have never seen any results excepting these of </font>
<br><font face="Arial,Helvetica">Professor Kedzie and Professor Kremers.</font>
<br><font face="Arial,Helvetica">DR. VAUGHN'S TESTIMONY</font>
<br><font face="Arial,Helvetica"> Now I come to the most important
testimony, that of Dr. Vaughan, and I shall </font>
<br><font face="Arial,Helvetica">ask the indulgence of the committee to
speak at some little length on that </font>
<br><font face="Arial,Helvetica">point.</font>
<br><font face="Arial,Helvetica"> DR. VAUGHAN'S thorough training
and large experience and scientific methods </font>
<br><font face="Arial,Helvetica">of work have fitted him particularly well
to speak on a subject of this kind. I </font>
<br><font face="Arial,Helvetica">quote, therefore, with pleasure from his
testimony.</font>
<br><font face="Arial,Helvetica"> I want to say,
and I should have said in the beginning, that I am very </font>
<br><font face="Arial,Helvetica"> anxious that Congress should do
something to regulate the use of preservatives </font>
<br><font face="Arial,Helvetica"> in foods. I think that the use
of preservatives in foods may be and often is </font>
<br><font face="Arial,Helvetica"> overdone and that great harm may
come from their excessive use. The law </font>
<br><font face="Arial,Helvetica"> requires of a physician before
he can prescribe benzoic acid or sulphurous </font>
<br><font face="Arial,Helvetica"> acid or anything of that kind a
certain degree of education and that he must </font>
<br><font face="Arial,Helvetica"> pass a State examination. </font>
<br><font face="Arial,Helvetica"> I am willing to stand with
Dr. Vaughan on this one proposition, which I </font>
<br><font face="Arial,Helvetica">indorse in every word. Of course he must
agree with me that if a physician, who </font>
<br><font face="Arial,Helvetica">of all men knows the responsibility which
rests upon him in connection with his </font>
<br><font face="Arial,Helvetica">profession, is not allowed to prescribe
benzoic acid until he has studied four </font>
<br><font face="Arial,Helvetica">years or longer in a medical college,
received a diploma, and passed an </font>
<br><font face="Arial,Helvetica">examination before a State board of examiners,
then surely no manufacturer </font>
<br><font face="Arial,Helvetica">without any education of a medical character,
without ever having passed any </font>
<br><font face="Arial,Helvetica">examination, without having a single faculty
of knowledge respecting the use of </font>
<br><font face="Arial,Helvetica">drugs, should be allowed to put any benzoic
acid or any other drug of any kind </font>
<br><font face="Arial,Helvetica">in his foods. I think I might omit any
mention of the rest of Dr. Vaughan's </font>
<br><font face="Arial,Helvetica">testimony with that simple statement of
his, which covers the ground so </font>
<br><font face="Arial,Helvetica">absolutely and effectively.</font>
<br><font face="Arial,Helvetica"> MR. TOWNSEND: He was testifying,
was he not, as an expert who had had </font>
<br><font face="Arial,Helvetica">experience with benzoic acid, and he stated,
as an expert, as a physician, who </font>
<br><font face="Arial,Helvetica">was trained and experienced in administering
this drug, that such an amount was </font>
<br><font face="Arial,Helvetica">not harmful. That is what he stated, is
it not? He did not state that they </font>
<br><font face="Arial,Helvetica">should be allowed to use all that they
saw fit; in fact, the trend of his whole </font>
<br><font face="Arial,Helvetica">examination was that this should be passed
upon by a board of experts as to the </font>
<br><font face="Arial,Helvetica">amount that should be used. That was his
conclusion.</font>
<br><font face="Arial,Helvetica"> DR. WILEY: That is true.
I only call attention to the basic proposition. He </font>
<br><font face="Arial,Helvetica">says in the beginning--I do not think
it is unfair to quote Dr. Vaughan's words,</font>
<br><font face="Arial,Helvetica">word for word.</font>
<br><font face="Arial,Helvetica"> MR. BARTLETT: Oh, no, I did
not say that; but people can take a Bible and </font>
<br><font face="Arial,Helvetica">prove by words and quotations from it
that they are justified in believing that </font>
<br><font face="Arial,Helvetica">there is no God.</font>
<br><font face="Arial,Helvetica"> MR. KENNEDY: A doctor would
not be permitted to prescribe anything as a </font>
<br><font face="Arial,Helvetica">doctor until he had been licensed, but
I can prescribe if I do not charge for </font>
<br><font face="Arial,Helvetica">it. I can advise the use of meats and
other things to be eaten, and so on, with </font>
<br><font face="Arial,Helvetica">profit and benefit, and I would not come
within any prohibition of law, would I?</font>
<br><font face="Arial,Helvetica"> MR., BARTLETT: No; not unless
you prescribed for pay.</font>
<br><font face="Arial,Helvetica"> MR. GAINES: Unless I did
it as a doctor.</font>
<br><font face="Arial,Helvetica"> DR. WILEY: The manufacturer
charges for his goods; he does not give them </font>
<br><font face="Arial,Helvetica">away; and the doctor receives pay for
his prescription.</font>
<br><font face="Arial,Helvetica"> MR. ESCH: If a physician
prescribed the amount which could be used without </font>
<br><font face="Arial,Helvetica">detriment, would it be dangerous to the
manufacturer to use, that or a less </font>
<br><font face="Arial,Helvetica">amount?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: I think so.</font>
<br><font face="Arial,Helvetica"> MR. ESCH: Provided you could
be sure?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: Yes; because the
physician prescribes constantly very poisonous </font>
<br><font face="Arial,Helvetica">substances. A drug and a food are quite
different things. The physician </font>
<br><font face="Arial,Helvetica">prescribes after his training and after
an examination of the patient. The </font>
<br><font face="Arial,Helvetica">manufacturer asks legal permission to
use the same drug that the physician does </font>
<br><font face="Arial,Helvetica">in his practice and to put it in the foods
with certain restrictions, which, of </font>
<br><font face="Arial,Helvetica">course, would be proper if he is permitted
at all. But I want to contrast the </font>
<br><font face="Arial,Helvetica">difference in the position of the trained
man who uses a drug and the untrained </font>
<br><font face="Arial,Helvetica">man who uses a drug. I think it is perfectly
fair, Mr. Chairman, to call the </font>
<br><font face="Arial,Helvetica">attention of the committee to that important
distinction.</font>
<br><font face="Arial,Helvetica"> MR. MANN: There is no difference
of opinion between you and Doctor Vaughan on </font>
<br><font face="Arial,Helvetica">that subject, as I understand his testimony;
you both agreed.</font>
<br><font face="Arial,Helvetica"> DR. WILEY: We agreed in almost
every particular. I indorse almost every word </font>
<br><font face="Arial,Helvetica">he said to this committee, absolutely.</font>
<br><font face="Arial,Helvetica"> THE CHAIRMAN: Dr. Vaughan's
statement, you will remember, was made after a </font>
<br><font face="Arial,Helvetica">manufacturer had testified that he put
6 ounces of benzoic acid in powder in a </font>
<br><font face="Arial,Helvetica">barrel of catsup and trusted to oscillations
from the ordinary movement of that </font>
<br><font face="Arial,Helvetica">as freight to distribute it.</font>
<br><font face="Arial,Helvetica"> DR. WILEY: Yes, Sir.</font>
<br><font face="Arial,Helvetica"> MR. CUSHMAN: As I understand
your position, then, you agree with Dr. </font>
<br><font face="Arial,Helvetica">Vaughan's statement on technical points,
but disagree with his conclusions?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: Yes; I don't think
they are logical in those particular instances. </font>
<br><font face="Arial,Helvetica">I think all of his statements and his
facts are without question so far as his </font>
<br><font face="Arial,Helvetica">examinations have gone.</font>
<br><font face="Arial,Helvetica"> MR. BARTLETT: Do you agree
with him that each one of us, in eating our daily </font>
<br><font face="Arial,Helvetica">food, consumes from 1 to 10 grains of
benzoic acid? That is one statement that </font>
<br><font face="Arial,Helvetica">he made.</font>
<br><font face="Arial,Helvetica"> MR. KENNEDY: He said that
was formed in the human body.</font>
<br><font face="Arial,Helvetica"> MR. BARTLETT: Do you agree
with him upon that?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: I have never measured
the amount of benzoic acid that may be </font>
<br><font face="Arial,Helvetica">formed by metabolic activity. We surely
do not eat ten grains a day in ordinary </font>
<br><font face="Arial,Helvetica">foods, or even one. It is only in rare
cases that you would eat one grain a day.</font>
<br><font face="Arial,Helvetica"> MR. TOWNSEND: Where does
it come from if his conclusion is correct that it is </font>
<br><font face="Arial,Helvetica">in the system?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: It is claimed
by some physiologists that the benzol ring that I </font>
<br><font face="Arial,Helvetica">showed you yesterday--the product of destructive
metabolism--that small </font>
<br><font face="Arial,Helvetica">quantities of the benzol radical might
be formed in the system or unite with </font>
<br><font face="Arial,Helvetica">glycocol and form hippuric acid.</font>
<br><font face="Arial,Helvetica"> MR. TOWNSEND: And would be
eliminated by the kidneys?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: And would be eliminated
by the kidneys; yes, sir.</font>
<br><font face="Arial,Helvetica"> Will Congress pass a law
permitting physicians to prescribe a quarter of 1 </font>
<br><font face="Arial,Helvetica">per cent benzoic acid, or 10 grains or
30 grains of salicylic acid, or any </font>
<br><font face="Arial,Helvetica">quantity of boric acid, or any quantity
of strychnine or of arsenic in patent </font>
<br><font face="Arial,Helvetica">medicines, without medical education and
medical training and without studying </font>
<br><font face="Arial,Helvetica">the character of the condition of the
patient to which it is to be given? I </font>
<br><font face="Arial,Helvetica">really do not believe that any claim of
that kind would meet with a single vote </font>
<br><font face="Arial,Helvetica">of this committee or on the floor of the
American Congress. And yet Dr. Vaughan, </font>
<br><font face="Arial,Helvetica">after having laid down a principle of
ethics, broad, comprehensive, and </font>
<br><font face="Arial,Helvetica">indestructible, immediately proceeds to
claim for a manufacturer, without any </font>
<br><font face="Arial,Helvetica">technical knowledge of medicine, the right
to do exactly the thing which he says </font>
<br><font face="Arial,Helvetica">no physician by law should be allowed
to do. Dr. Vaughan was asked about the </font>
<br><font face="Arial,Helvetica">proper law in regard to the use of preservatives,
and very promptly says:</font>
<br><font face="Arial,Helvetica"> That brings up
a very interesting point. If you will permit me, I would </font>
<br><font face="Arial,Helvetica"> like to say just a word about that.
I do not know that I am prepared to answer </font>
<br><font face="Arial,Helvetica"> the question just now. It seems
to me that that ought to be settled by a </font>
<br><font face="Arial,Helvetica"> commission of experts, as to what
preservatives could be used and in what </font>
<br><font face="Arial,Helvetica"> foods they might be used. </font>
<br><font face="Arial,Helvetica"> Now, Mr. Chairman, let me
ask, if Dr. Vaughan, with all his extensive </font>
<br><font face="Arial,Helvetica">experience, with all his work in pharmacology
and physiology and chemistry, has </font>
<br><font face="Arial,Helvetica">not yet reached an opinion, where can
you expect any commission or anybody else </font>
<br><font face="Arial,Helvetica">to be able to reach one? And, in view
of that fact, can Dr. Vaughan or any other </font>
<br><font face="Arial,Helvetica">man logically come before your committee
and ask to be allowed the use of a </font>
<br><font face="Arial,Helvetica">definite amount of certain medicines of
the highest value, of which Dr. Vaughan </font>
<br><font face="Arial,Helvetica">himself says he does not know what quantity
can be used, and which can not be </font>
<br><font face="Arial,Helvetica">used by a physician in any quantity without
a license?</font>
<br><font face="Arial,Helvetica"> Then Dr. Vaughan goes immediately
on and says, on the same page, that he "has </font>
<br><font face="Arial,Helvetica">an opinion," that he is "sure" that benzoic
acid in the quantities in which it </font>
<br><font face="Arial,Helvetica">is used in catsup, :sweet pickles, ete.--1
part to 1,200 or 2,000--does not do </font>
<br><font face="Arial,Helvetica">any harm. He immediately says: "I should
be opposed to the use of formaldehyde </font>
<br><font face="Arial,Helvetica">in milk in any quantity, or the use of
any other preservatives in milk." Why, </font>
<br><font face="Arial,Helvetica">may I ask? If it is harmless in catsup,
is it harmful in milk? If it is harmful </font>
<br><font face="Arial,Helvetica">in milk, is it not harmful in catsup?</font>
<br><font face="Arial,Helvetica"> DR. VAUGHAN also says: "I
have testified repeatedly against the use of </font>
<br><font face="Arial,Helvetica">sulphite of soda on hamburger steaks.
I am thoroughly in sympathy with the </font>
<br><font face="Arial,Helvetica">Hepburn bill." I desire the particular
attention of the committee to this part </font>
<br><font face="Arial,Helvetica">of the testimony. Dr. Vaughan has said
that a physician should only prescribe </font>
<br><font face="Arial,Helvetica">benzoic acid after training and license.
He then says that he himself, with all </font>
<br><font face="Arial,Helvetica">his vast experience, has not reached any
conclusion in the matter. He next says </font>
<br><font face="Arial,Helvetica">that he believes that the quantity used
in tomato catsup does no harm. Then he </font>
<br><font face="Arial,Helvetica">says he is opposed to its use in milk
in any quantity. I should think a jury </font>
<br><font face="Arial,Helvetica">would be somewhat confused by expert testimony
of this kind. I believe, with Dr. </font>
<br><font face="Arial,Helvetica">Vaughan, that a physician should not be
allowed to prescribe benzoic acid until </font>
<br><font face="Arial,Helvetica">he has shown the necessary qualifications.
I believe, with Dr. Vaughan, that no </font>
<br><font face="Arial,Helvetica">preservative of any kind should be used
in milk. I agree With him,--that </font>
<br><font face="Arial,Helvetica">sulphite of soda, should not be used on
hamburger steaks--three points on which </font>
<br><font face="Arial,Helvetica">we agree. I agree with Dr. Vaughan that
I have not yet reached any conclusion as </font>
<br><font face="Arial,Helvetica">to the minimum quantities of benzoic acid
which are harmless. Four points, </font>
<br><font face="Arial,Helvetica">logical, sequential, and on which perfect
agreement is certain. Just what there </font>
<br><font face="Arial,Helvetica">is in tomato catsup which should except
it from the logical sequence I beg some </font>
<br><font face="Arial,Helvetica">one to enlighten me.</font>
<br><font face="Arial,Helvetica"> It is impossible for me in
any way to discover it. Dr. Vaughan states that </font>
<br><font face="Arial,Helvetica">nobody but a bacteriologist can decide
how much of a preservative must be used </font>
<br><font face="Arial,Helvetica">to preserve a food, and therefore objects
to the results of the experiments </font>
<br><font face="Arial,Helvetica">authorized by Congress. I beg to state
to the committee that Congress never </font>
<br><font face="Arial,Helvetica">authorized the Secretary of Agriculture
to determine how much preservative was </font>
<br><font face="Arial,Helvetica">necessary to preserve foods. All it did
was to authorize him to study the effect </font>
<br><font face="Arial,Helvetica">of preservatives, coloring matters, and
other substances added to foods upon </font>
<br><font face="Arial,Helvetica">health and digestion. In so far as I can
see, bacteriology has nothing in the </font>
<br><font face="Arial,Helvetica">world to do with it. It is a question
of physiological chemistry and </font>
<br><font face="Arial,Helvetica">pharmacology only, and it has been answered
solely by the methods of those </font>
<br><font face="Arial,Helvetica">sciences.</font>
<br><font face="Arial,Helvetica"> I will explain in full these
methods when I speak of the effect of borax. Dr. </font>
<br><font face="Arial,Helvetica">Vaughan states that the experiments with
borax did not prove that it was </font>
<br><font face="Arial,Helvetica">injurious in small quantities, and when
asked what he meant by small quantities </font>
<br><font face="Arial,Helvetica">he said, "One-half of 1 per cent." I suppose
he means by that, in the foods. </font>
<br><font face="Arial,Helvetica">That is all he can mean. I will show you
gentlemen that the amount of boric acid </font>
<br><font face="Arial,Helvetica">which we used and which produced most
disturbing effects upon the health was far </font>
<br><font face="Arial,Helvetica">less than one-half of 1 per cent of the
weight of the food used. Dr. Vaughan's </font>
<br><font face="Arial,Helvetica">statement in this respect is hardly the
statement of an expert. It is his </font>
<br><font face="Arial,Helvetica">opinion of another expert's findings,
and he adduces no evidence on which to </font>
<br><font face="Arial,Helvetica">base his opinion.</font>
<br><font face="Arial,Helvetica"> I may say to you that the
Secretary has never taken up the subject of </font>
<br><font face="Arial,Helvetica">determining what preservatives shall be
used in foods and in what quantities, as </font>
<br><font face="Arial,Helvetica">he is authorized to do by act of Conaress.
When he does, he will, under the </font>
<br><font face="Arial,Helvetica">authority of Congress, be able to call
experts on these subjects who shall be </font>
<br><font face="Arial,Helvetica">able to help him to a just decision. All
the Secretary of Agriculture has done </font>
<br><font face="Arial,Helvetica">so far is to determine the effect of preservatives,
coloring matters, and added </font>
<br><font face="Arial,Helvetica">substances to foods upon health and digestion.
These experiments have been </font>
<br><font face="Arial,Helvetica">conducted in the manner which I shall
soon relate to you.</font>
<br><font face="Arial,Helvetica"> No board of experts could
come in and help another expert decide what his own </font>
<br><font face="Arial,Helvetica">experiment taught him. That would be quite
an impossible thing to do. Dr. </font>
<br><font face="Arial,Helvetica">Vaughan would resent five men going into
his laboratory and telling him what the </font>
<br><font face="Arial,Helvetica">result of one of his own experiments was.
He, being a man of judgment and tact </font>
<br><font face="Arial,Helvetica">and knowledge, alone can decide what his
own experiments have taught him, and </font>
<br><font face="Arial,Helvetica">then when he submits the data on which
his judgment is based the board of </font>
<br><font face="Arial,Helvetica">experts can come in and criticize the
data and reach another conclusion. The </font>
<br><font face="Arial,Helvetica">data on borax, which was used in the experiments
which I will soon describe, are </font>
<br><font face="Arial,Helvetica">here before you. Every fact in connection
with that investigation is set forth, </font>
<br><font face="Arial,Helvetica">every analysis has its data, every event
connected with the conduct of the </font>
<br><font face="Arial,Helvetica">experiment, which lasted nine months on
twelve young men, is set forth in </font>
<br><font face="Arial,Helvetica">detail. Dr. Vaughan did not attack a single
fact nor deny its accuracy in all </font>
<br><font face="Arial,Helvetica">this mass of material, and then, without
doing this, says:</font>
<br><font face="Arial,Helvetica"> Dr. Wiley has
made a report on boric acid as to preservatives, and while I </font>
<br><font face="Arial,Helvetica"> am a personal friend of Dr. Wiley's
and appreciate him very highly and think </font>
<br><font face="Arial,Helvetica"> greatly of him, his experiments
have shown that boric acid in large amounts </font>
<br><font face="Arial,Helvetica"> disturb digestion and interrupts
good health, but they have not shown that </font>
<br><font face="Arial,Helvetica"> boric acid in the small quantities
which should be used as a preservative, if </font>
<br><font face="Arial,Helvetica"> used at all, has any effect upon
the animal body. </font>
<br><font face="Arial,Helvetica"> Now, Mr. Chairman,. I do
not see how Dr. Vaughan, after reading my report, </font>
<br><font face="Arial,Helvetica">could make a statement like that. He certainly
did not read it carefully. I </font>
<br><font face="Arial,Helvetica">therefore take this opportunity to lay
before this committee at this opportune </font>
<br><font face="Arial,Helvetica">moment a synopsis of the results of the
work which has been accomplished under </font>
<br><font face="Arial,Helvetica">authority of Congress in feeding borax
and boric acid to. young men in splendid </font>
<br><font face="Arial,Helvetica">health and to place before you the proof
of the deletrious effects which even </font>
<br><font face="Arial,Helvetica">small quantities--far less than one-half
of 1 per cent-produce. I will </font>
<br><font face="Arial,Helvetica">supplement this also by a similar statement
from the chemists and physiologists </font>
<br><font face="Arial,Helvetica">of the imperial board of health at Berlin,
which fully confirms in every </font>
<br><font face="Arial,Helvetica">particular every conclusion reached by
my own experiments, and candidly ask the </font>
<br><font face="Arial,Helvetica">consideration of this committee of these
two reports.</font>
<br><font face="Arial,Helvetica"> Now, that shows how close
our agreement is, as I have already stated to the </font>
<br><font face="Arial,Helvetica">committee, and I would like to repeat
it here: That if benzoic acid is harmful </font>
<br><font face="Arial,Helvetica">in milk, and Dr. Vaughan admits it, in
any proportion, there is no logical </font>
<br><font face="Arial,Helvetica">reason that I can see why it is not harmful
in any other food. I admit the </font>
<br><font face="Arial,Helvetica">argument, however, that it may be placed
there and produce a benefit. Then we </font>
<br><font face="Arial,Helvetica">could say that it was placed there to
correct some other and a greater evil, and </font>
<br><font face="Arial,Helvetica">on that ground alone would I advocate
the use of preservatives in food, and not </font>
<br><font face="Arial,Helvetica">that they are harmless. I do not see,
gentlemen, how anybody can ever admit the </font>
<br><font face="Arial,Helvetica">use of preservatives in food on such testimony
as Dr. Vaughan has given, and I </font>
<br><font face="Arial,Helvetica">will rest it right on his words, on the
ground that it is harmless. But you </font>
<br><font face="Arial,Helvetica">could very justly, as I said yesterday,
admit it on the ground that it is less </font>
<br><font face="Arial,Helvetica">of two evils. That is the point that I
wanted to insist upon.</font>
<br><font face="Arial,Helvetica"> MR. TOWNSEND: Have you changed
your mind on that subject in the last few </font>
<br><font face="Arial,Helvetica">years?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: Yes, sir; very
materially. I formerly believed that certain </font>
<br><font face="Arial,Helvetica">preservatives could be used, as Dr. Vaughan
believes now, simply by having its </font>
<br><font face="Arial,Helvetica">presence mentioned on the label. I was
strongly convinced of the truth of that </font>
<br><font face="Arial,Helvetica">proposition. I have, before committees
in Congress and in public addresses, </font>
<br><font face="Arial,Helvetica">stated those sentiments. I was converted
by my own investigations, Mr. Chairman, </font>
<br><font face="Arial,Helvetica">and by nobody else's in this matter. My
former opinion was based upon the weight </font>
<br><font face="Arial,Helvetica">of expert testimony. I read the opinions
of men that I respected, and the weight </font>
<br><font face="Arial,Helvetica">of that opinion was in favor of the position
which I have just stated. I </font>
<br><font face="Arial,Helvetica">inclined to that view. And I will state
that Dr. Vaughan's association with me </font>
<br><font face="Arial,Helvetica">was one of the things that led me largely
to adopt that view.</font>
<br><font face="Arial,Helvetica">LIEBREICH JOINS VAUGHAN</font>
<br><font face="Arial,Helvetica"> When I went to my office
yesterday one of the young men said: "Have you seen </font>
<br><font face="Arial,Helvetica">this criticism on your work which has
just come out in a German magazine in </font>
<br><font face="Arial,Helvetica">January?" As I have been pretty busy in
the last few weeks, I had not read the </font>
<br><font face="Arial,Helvetica">magazine. It is an adverse criticism of
this report of mine on borax. I am </font>
<br><font face="Arial,Helvetica">having it translated and typewritten,
and I am going to put it in the evidence </font>
<br><font face="Arial,Helvetica">so that you can read it. Professor Liebreich
I know very well. He is a personal </font>
<br><font face="Arial,Helvetica">friend of mine, a very eminent gentleman,
and it is fair to say that he is </font>
<br><font face="Arial,Helvetica">employed by the borax syndicate; but I
don't think -that impugns his testimony </font>
<br><font face="Arial,Helvetica">at all, and I accept his criticism as
if he had been employed by the German </font>
<br><font face="Arial,Helvetica">Government. One of those is the original
report of the imperial board of health </font>
<br><font face="Arial,Helvetica">and the other the reply to a criticism
made by this same Professor Liebreich. </font>
<br><font face="Arial,Helvetica">And to show how experts disagree, Professor
Liebreich came to this country last </font>
<br><font face="Arial,Helvetica">year to testify in some cases in Pennsylvania
on behalf of borax and sulphite of </font>
<br><font face="Arial,Helvetica">soda, which Professor Vaughan condemns--he
would not allow it used in any </font>
<br><font face="Arial,Helvetica">quantity.</font>
<br><font face="Arial,Helvetica"> Professor Liebreich appeared
before the court in Philadelphia in the case </font>
<br><font face="Arial,Helvetica">where the hamburger-steak people who had
been treating hamburger steak with </font>
<br><font face="Arial,Helvetica">sulphite of soda were made defendants;
and he testified that in his opinion </font>
<br><font face="Arial,Helvetica">almost any quantity of sulphite of soda
could be used with impunity in meat; and </font>
<br><font face="Arial,Helvetica">the court asked him, "Professor Liebreich,
do you use it in your meats at your </font>
<br><font face="Arial,Helvetica">home I" And he said: "No; I do not." "Would
you use it if you wanted to?" was </font>
<br><font face="Arial,Helvetica">asked; and he replied, "I don't want to,"
and his whole testimony fell just on </font>
<br><font face="Arial,Helvetica">that. I was told--I don't know just how
true it was-that he received $4,000 for </font>
<br><font face="Arial,Helvetica">coming over here. One of our young men,
who was not nearly so famous as </font>
<br><font face="Arial,Helvetica">Professor Liebreich, went over to Philadelphia
and testified before the same </font>
<br><font face="Arial,Helvetica">court, and on his testimony the judge
and jury found against the testimony of </font>
<br><font face="Arial,Helvetica">Professor Liebreich, whose criticism of
my report I will submit as soon as it is </font>
<br><font face="Arial,Helvetica">ready. That shows that Liebreich and Vaughan
agree on borax. Vaughan and Wiley </font>
<br><font face="Arial,Helvetica">agree on sulphite, and I differ from both
of them on the borax question, and </font>
<br><font face="Arial,Helvetica">they differ from each other on the sulphite.</font>
<br><font face="Arial,Helvetica"> That shows the conflict in
opinions which you gentlemen are called upon to </font>
<br><font face="Arial,Helvetica">consider. It is something confusing, but
of course you have to rely upon the </font>
<br><font face="Arial,Helvetica">character of the data after all. If you
find that the data which I present are </font>
<br><font face="Arial,Helvetica">not reliable, have not been obtained in
a proper way, my opinion is worth very </font>
<br><font face="Arial,Helvetica">little, and, as Professor Liebreich says,
"I will accept the data as they are, </font>
<br><font face="Arial,Helvetica">and then I will draw an opinion which
is entirely different," just what I told </font>
<br><font face="Arial,Helvetica">you yesterday could be done.</font>
<br><font face="Arial,Helvetica"> MR. RYAN: Do you believe
a Congressionaf committee, none of whom are </font>
<br><font face="Arial,Helvetica">chemists, are competent to judge between
those opinions of eminent chemists who </font>
<br><font face="Arial,Helvetica">have formed those opinions after having
analyzed the food?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: I think they are
absolutely competent, just as a jury would be </font>
<br><font face="Arial,Helvetica">upon the same thing in the weighing of
evidence.</font>
<br><font face="Arial,Helvetica"> You see the evidence as the
weigher of evidence, and not as experts. You see </font>
<br><font face="Arial,Helvetica">it as a jury. I think this committee is
absolutely competent to decide a </font>
<br><font face="Arial,Helvetica">question of that kind on the evidence
submitted here.</font>
<br><font face="Arial,Helvetica"> MR. BARTLETT: We have a good
many bills before us, and there is where this </font>
<br><font face="Arial,Helvetica">question must come before the court and
the jury.</font>
<br><font face="Arial,Helvetica"> DR. WILEY: That is true so
far as the Hepburn bill is concerned somebody must </font>
<br><font face="Arial,Helvetica">render an opinion before you can bring
an indictment, and then that opinion is </font>
<br><font face="Arial,Helvetica">subject to review of the court. That is
the plain principle of the law, and </font>
<br><font face="Arial,Helvetica">surely you would never try to bind the
court by any statements or anything else </font>
<br><font face="Arial,Helvetica">which any expert might set up.</font>
<br><font face="Arial,Helvetica"> MR. BARTLETT: You will find
one court and a jury deciding that a certain </font>
<br><font face="Arial,Helvetica">thing ought to be put in, and another
that it ought not.</font>
<br><font face="Arial,Helvetica"> DR. WILEY: It should be carried
up to the highest court.</font>
<br><font face="Arial,Helvetica"> MR. BARTLETT: In one locality
a jury and a judge, with men on trial for not </font>
<br><font face="Arial,Helvetica">permitting a certain statement, might
acquit one man and convict another.</font>
<br><font face="Arial,Helvetica"> DR. WILEY: Exactly, and you
will find when I submit the evidence from the </font>
<br><font face="Arial,Helvetica">English courts that that very thing happens
all the time. You must leave it to </font>
<br><font face="Arial,Helvetica">the court. Every man can have his opinion,
but that must not bind the court; an </font>
<br><font face="Arial,Helvetica">expert's opinion never can.</font>
<br><font face="Arial,Helvetica"> MR. ESCH: I noticed that
Rost came to the conclusion that the use of borax or </font>
<br><font face="Arial,Helvetica">boracic acid resulted in almost every
case in a reduction of weight. Did you </font>
<br><font face="Arial,Helvetica">find that true in your experiments?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: Yes, sir; you
will find that in this chart. We never found an </font>
<br><font face="Arial,Helvetica">exception.</font>
<br><font face="Arial,Helvetica"> MR. MANN: Before you pass
from the subject of borax, I would like to have </font>
<br><font face="Arial,Helvetica">your statement in reference to the use
of borax under the provision of the bill, </font>
<br><font face="Arial,Helvetica">which in the Hepburn bill was removed
by maceration.</font>
<br><font face="Arial,Helvetica"> DR. WILEY: I heartily approve
of that provision in regard to preservatives of </font>
<br><font face="Arial,Helvetica">food products intended for export. I have
a little article that I am going to </font>
<br><font face="Arial,Helvetica">submit on that, Mr. Mann, in better form.
There is a chart here (in Bulletin 84) </font>
<br><font face="Arial,Helvetica">showing by the position of the lines,
the loss of weight which these young men </font>
<br><font face="Arial,Helvetica">suffered. I don't think it is a very serious
matter if a man loses a couple of </font>
<br><font face="Arial,Helvetica">pounds in weight.</font>
<br><font face="Arial,Helvetica"> MR. TOWNSEND: You found some
of them were gaining weight, as I understood </font>
<br><font face="Arial,Helvetica">you, and you had to reduce their food.</font>
<br><font face="Arial,Helvetica"> DR. WILEY: Our foods were
constant as long as they could eat. Until they </font>
<br><font face="Arial,Helvetica">became ill their food was never diminished
throughout the preservative period.</font>
<br><font face="Arial,Helvetica"> MR. TOWNSEND: Didn't you
state that you had to watch them closely to see if </font>
<br><font face="Arial,Helvetica">they were gaining?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: That was before
we began to establish the equilibrium; that was in </font>
<br><font face="Arial,Helvetica">the fore period.</font>
<br><font face="Arial,Helvetica"> Now, I have a transcript
there which I think will prove. very helpful to you </font>
<br><font face="Arial,Helvetica">gentlemen. You have heard a great deal
about the finding of the English </font>
<br><font face="Arial,Helvetica">departmental committee. I want simply
to quote the evidence of Professor W. D. </font>
<br><font face="Arial,Helvetica">Halliburton, who is the most distinguished
physiologist of the English-speaking </font>
<br><font face="Arial,Helvetica">people. Professor Vaughan would be very
glad to tell you the same thing. He came </font>
<br><font face="Arial,Helvetica">over here last year and gave a series
of lectures. His work is a textbook on </font>
<br><font face="Arial,Helvetica">chemical physiology and pathology. I want
to read you just one or two things, </font>
<br><font face="Arial,Helvetica">which you might not read, that I have
extracted from his testimony.</font>
<br><font face="Arial,Helvetica"> The English committee forbade
the use of preservatives in certain food </font>
<br><font face="Arial,Helvetica">products, and recommended that a limited
quantity, which they mentioned, should </font>
<br><font face="Arial,Helvetica">be permitted in other food products. While
that has never been made a law by act </font>
<br><font face="Arial,Helvetica">of Parliament, the courts are all guiding
their decisions on the report of this </font>
<br><font face="Arial,Helvetica">committee. For instance, if they do not
find any more than one-half of 1 per </font>
<br><font face="Arial,Helvetica">cent of borax, they do not convict a defendant.
If they find less than 1 grain </font>
<br><font face="Arial,Helvetica">of salicylic acid to the pound, they do
not convict a defendant. But they </font>
<br><font face="Arial,Helvetica">convict any defendant who puts preservatives
in milk of any kind. The evidence </font>
<br><font face="Arial,Helvetica">of Professor W. D. Halliburton is as follows--that
part which I wish to </font>
<br><font face="Arial,Helvetica">read--and it can be verified if anybody
wishes to.</font>
<br><font face="Arial,Helvetica"> I would say at
the outset that the kind of evidence that I have to offer is </font>
<br><font face="Arial,Helvetica"> not very largely clinical. The
amount of medical practice which I have seen is </font>
<br><font face="Arial,Helvetica"> limited. Very soon after my student
days, I took to physiological work, and I </font>
<br><font face="Arial,Helvetica"> have remained at that more or less
ever since, so that the actual observations </font>
<br><font face="Arial,Helvetica"> that I have to make are in the
nature of physiological experiments, and deal </font>
<br><font face="Arial,Helvetica"> principally with the two chief
substances that you have under investigation, </font>
<br><font face="Arial,Helvetica"> as I understand--compounds of boron
and formaldehyde. On general principles </font>
<br><font face="Arial,Helvetica"> one would object to the continuous
use of antiseptics. The substance which </font>
<br><font face="Arial,Helvetica"> would destroy the life of micro-organisms
could not be expected to be </font>
<br><font face="Arial,Helvetica"> beneficial to the life of a higher
organism; it would be largely a matter of </font>
<br><font face="Arial,Helvetica"> dose. I mean to say the same dose
that would kill a bacterium would not </font>
<br><font face="Arial,Helvetica"> necessarily kill a man, but still
it would be hostile to the protoplasmic </font>
<br><font face="Arial,Helvetica"> actions that constitute the life
even of a high animal like man.</font>
<br><font face="Arial,Helvetica"> Q. 7541 (p. 264).
Then, as to boric acid, you have made extensive </font>
<br><font face="Arial,Helvetica"> experiments?--A. With borax and
borates I have made a fair number of </font>
<br><font face="Arial,Helvetica"> experiments. In the introduction
I allude to what is known as "borism." The </font>
<br><font face="Arial,Helvetica"> eruption occurs on the skin of
certain individuals as the result of the use of </font>
<br><font face="Arial,Helvetica"> either boric acid or borax. There
have been other cases recorded--although </font>
<br><font face="Arial,Helvetica"> here again I can not speak personally--in
which dyspeptic troubles have </font>
<br><font face="Arial,Helvetica"> arisen. There have been a fair
number of experiments performed upon animals.</font>
<br><font face="Arial,Helvetica"> Q. 7544. Boric
acid is the commoner preservative, is it not?--A. I am not </font>
<br><font face="Arial,Helvetica"> so sure. I think very largely a
mixture is used that is called "glacialin"--a </font>
<br><font face="Arial,Helvetica"> mixture of boric acid and borax.
In animals the chief advantage, if one may </font>
<br><font face="Arial,Helvetica"> put it so, of the poison is that
it is not cumulative; it does not accumulate </font>
<br><font face="Arial,Helvetica"> in the body, but it is rapidly
eliminated by the urine. </font>
<br><font face="Arial,Helvetica"> Now, I put it to the committee
this way: Here is an opinion of a man whose </font>
<br><font face="Arial,Helvetica">fame is far greater even than that of
Dr. Vaughan. I believe that every person </font>
<br><font face="Arial,Helvetica">acquainted with medical and physiological
literature in the United States will </font>
<br><font face="Arial,Helvetica">say that Professor Halliburton is the
greatest living exponent of physiological </font>
<br><font face="Arial,Helvetica">chemistry in English-speaking countries.
Could there be a more sweeping </font>
<br><font face="Arial,Helvetica">indictment brought against these preservatives
than Professor Halliburton has </font>
<br><font face="Arial,Helvetica">stated? He says of borax and boric acid
that the chief advantage of these </font>
<br><font face="Arial,Helvetica">poisonous bodies is that they are rapidly
eliminated from the system, and he </font>
<br><font face="Arial,Helvetica">further states that the continual passage
of these foreign bodies through the </font>
<br><font face="Arial,Helvetica">cells of the kidneys, to put it mildly,
as he does, is not likely to do them any </font>
<br><font face="Arial,Helvetica">good. And yet Professor Vaughan advises
this committee to permit the use of </font>
<br><font face="Arial,Helvetica">boric acid in foods in quantities not
to exceed one-half of 1 per cent.</font>
<br><font face="Arial,Helvetica"> Professor Halliburton says
further, in answer to question 7572: " May we take </font>
<br><font face="Arial,Helvetica">it, then, that in your view you are absolutely
opposed to the use of </font>
<br><font face="Arial,Helvetica">formalin?--Yes.</font>
<br><font face="Arial,Helvetica"> Q. 7573. And
with regard to the other preservatives, if they were labeled </font>
<br><font face="Arial,Helvetica"> that would meet your objection;
is that your position generally?--A. No; I </font>
<br><font face="Arial,Helvetica"> feel that the ideal condition of
things would be to prohibit them all.</font>
<br><font face="Arial,Helvetica"> Q. 7574. All
preservatives?--A. All preservatives.</font>
<br><font face="Arial,Helvetica"> Q. 7575. Even
salt?--A. No; I am not speaking of substances which are </font>
<br><font face="Arial,Helvetica"> normal constituents of the body.</font>
<br><font face="Arial,Helvetica"> Q. 7576. Would
you prohibit nitrate of potash, too?</font>
<br><font face="Arial,Helvetica"> A. One knows,
even from smoking cigarettes, that nitrate of potash is not </font>
<br><font face="Arial,Helvetica"> absolutely harmless. </font>
<br><font face="Arial,Helvetica"> So I say to our manufacturers:
"Take the American people into your confidence </font>
<br><font face="Arial,Helvetica">and your business will be placed upon
a foundation from which it can not be </font>
<br><font face="Arial,Helvetica">shaken nor removed." I say, as a plain
business proposition, that the men who </font>
<br><font face="Arial,Helvetica">put preservatives in foods had better
stop it for their good and for the good of </font>
<br><font face="Arial,Helvetica">their business; and they will. And in
five years from now (mark my words, Mr. </font>
<br><font face="Arial,Helvetica">Chairman), bill or no bill, we will not
have to come here to argue about this </font>
<br><font face="Arial,Helvetica">matter, because there will be nothing
to argue about--because this ethical </font>
<br><font face="Arial,Helvetica">principle, aside from any injury to health
or anything of that kind, is one </font>
<br><font face="Arial,Helvetica">which appeals, not only to the people
who consume, but to the people who make </font>
<br><font face="Arial,Helvetica">the goods which they eat. With these remarks,
I submit the case to your </font>
<br><font face="Arial,Helvetica">judgment, saying that whatever your action
is I shall heartily support, with </font>
<br><font face="Arial,Helvetica">what little influence I have, any measure
which you bring forth, to have it </font>
<br><font face="Arial,Helvetica">enacted into law. [Applause.]</font>
<br><font face="Arial,Helvetica">PREVIOUS LEGISLATION</font>
<br><font face="Arial,Helvetica"> Congress enacted a law conferring
plenary power on the Secretary of </font>
<br><font face="Arial,Helvetica">Agriculture to exclude adulterated and
misbranded foreign articles from entry </font>
<br><font face="Arial,Helvetica">several years ago. Its terms are as follows:</font>
<br><font face="Arial,Helvetica"> The Secretary
of Agriculture, whenever he has reason to believe that such </font>
<br><font face="Arial,Helvetica"> articles are being imported from
foreign countries which are dangerous to the </font>
<br><font face="Arial,Helvetica"> health of the people of the United
States, or which shall be falsely labeled </font>
<br><font face="Arial,Helvetica"> or branded either as to their contents
or as to the place of their manufacture </font>
<br><font face="Arial,Helvetica"> or production, shall make a request
upon the Secretary of the Treasury for </font>
<br><font face="Arial,Helvetica"> samples from original packages
of such articles for inspection and analysis, </font>
<br><font face="Arial,Helvetica"> and the Secretary of the Treasury
is hereby authorized to open such original </font>
<br><font face="Arial,Helvetica"> packages and deliver specimens
to the Secretary of Agriculture for the purpose </font>
<br><font face="Arial,Helvetica"> mentioned, giving notice to the
owner or consignee of such articles, who may </font>
<br><font face="Arial,Helvetica"> be present and have the right to
introduce testimony; and the Secretary of the </font>
<br><font face="Arial,Helvetica"> Treasury shall refuse delivery
to the consignee of any such goods which the </font>
<br><font face="Arial,Helvetica"> Secretary of Agriculture reports
to him have been inspected and analyzed and </font>
<br><font face="Arial,Helvetica"> found to be dangerous to health
or falsely labeled or branded, either as to </font>
<br><font face="Arial,Helvetica"> their contents or as to the place
of their manufacture or production or which </font>
<br><font face="Arial,Helvetica"> are forbidden entry or to be sold,
or are restricted in sale in the countries </font>
<br><font face="Arial,Helvetica"> in which they are made or from
which they are exported. </font>
<br><font face="Arial,Helvetica"> DR. WILEY: I will say that
the Germans no longer attempt to send boraxed </font>
<br><font face="Arial,Helvetica">sausages to this country. They were making
them and sending them to this country </font>
<br><font face="Arial,Helvetica">when they were not permitted in their
own country; but our law says that </font>
<br><font face="Arial,Helvetica">anything that is forbidden in any country
can not be sent from that country </font>
<br><font face="Arial,Helvetica">here, and so we simply excluded those
goods because they were excluded in </font>
<br><font face="Arial,Helvetica">Germany; not on account of any decision
respecting their health.</font>
<br><font face="Arial,Helvetica"> The same way with salicylic
acid. You can not import anything into this </font>
<br><font face="Arial,Helvetica">country from Germany or France that contains
salicylic acid because that is </font>
<br><font face="Arial,Helvetica">forbidden in those countries but you can
from England.</font>
<br><font face="Arial,Helvetica"> MR. TOWNSEND: We do not propose
to be as liberal as they are. We forbid their </font>
<br><font face="Arial,Helvetica">manufacturing and selling it here but
allow them to sell it abroad.</font>
<br><font face="Arial,Helvetica"> MR. MANN: Is the amount of
borax in these duck eggs of such a percentage as </font>
<br><font face="Arial,Helvetica">to be, without question, injurious to
health?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: If consumed as
food, absolutely without question; and we are not </font>
<br><font face="Arial,Helvetica">required, I think, to say that we will
follow a man and see whether he tells the </font>
<br><font face="Arial,Helvetica">truth or not as to what he is going to
do with it. I do not think that this firm </font>
<br><font face="Arial,Helvetica">in this case would have done anything
but what they said,. because they are most </font>
<br><font face="Arial,Helvetica">reputable and honorable men; but suppose
some other person had done it?</font>
<br><font face="Arial,Helvetica"> MR. MANN: If this provision
in the Hepburn bill had been in the law, you </font>
<br><font face="Arial,Helvetica">would have been required to take some
action of that sort, I suppose?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: Yes; and I hope
the committee will read the paragraph where I have </font>
<br><font face="Arial,Helvetica">spoken about that. I think it is a very
unfortunate thing that we are required </font>
<br><font face="Arial,Helvetica">to go into a man's kitchen and supervise
his cooking, and I think that when you </font>
<br><font face="Arial,Helvetica">come to look into that thing you will
find it would be the one unconstitutional </font>
<br><font face="Arial,Helvetica">thing in it, because it is a pure police
regulation, which is solely committed </font>
<br><font face="Arial,Helvetica">to the States.</font>
<br><font face="Arial,Helvetica"> MR. TOWNSEND: In what bill
is that?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: The Hepburn bill--the
clause which says that the thing must be </font>
<br><font face="Arial,Helvetica">judged when it is fit for consumption.
Now, the preparation of a food for </font>
<br><font face="Arial,Helvetica">consumption is certainly under the supervision
of the police powers of the </font>
<br><font face="Arial,Helvetica">States, and it is not in the unbroken
packages which the law specifies as the </font>
<br><font face="Arial,Helvetica">only goods to which this law shall apply.</font>
<br><font face="Arial,Helvetica"> MR. MANN: The provision of
the Hepburn bill is not quite that, Doctor.</font>
<br><font face="Arial,Helvetica"> DR. WILEY: But I want to
say to you, gentlemen, that I am not frightened </font>
<br><font face="Arial,Helvetica">about that clause of the bill at all.
That is just a little principle of ethics </font>
<br><font face="Arial,Helvetica">and constitutionality. Not being much
of a constitutional lawyer I only suggest </font>
<br><font face="Arial,Helvetica">it; but I would like to have my distinguished
friend here [Mr. Bartlett] look </font>
<br><font face="Arial,Helvetica">into that point of it particularly.</font>
<br><font face="Arial,Helvetica"> MR. ESCH: Is saltpeter still
used as a preservative anywhere, Doctor?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: I do not think
saltpeter was ever used as a preservative. It was </font>
<br><font face="Arial,Helvetica">used to preserve color, but not to preserve
food.</font>
<br><font face="Arial,Helvetica"> MR. MANN: Is it injurious?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: I think saltpeter
is a very injurious substance. It acts </font>
<br><font face="Arial,Helvetica">specifically on the kidneys very injuriously,
and Professor Halliburton, whom I </font>
<br><font face="Arial,Helvetica">quoted this morning, agrees perfectly
with that statement.</font>
<br><font face="Arial,Helvetica"> MR. ESCH: Corned beef is
colored with the use of saltpeter, is it not?</font>
<br><font face="Arial,Helvetica"> DR. WILEY: That is just the
same principle again. I would not be afraid to </font>
<br><font face="Arial,Helvetica">eat a piece of corned beef, because the
amount of injury would be immeasurably </font>
<br><font face="Arial,Helvetica">small. Do not misunderstand me. I am not
saying that it should not be used in </font>
<br><font face="Arial,Helvetica">corned beef. I would be sorry to see it
left out. But if you put it on the </font>
<br><font face="Arial,Helvetica">principle of harmlessness, it could not
go in. And that reminds me that I did </font>
<br><font face="Arial,Helvetica">not show you the thing which is most indicative
of my argument. I am glad you </font>
<br><font face="Arial,Helvetica">mentioned that just now. I want that chart
that was made this morning. A little </font>
<br><font face="Arial,Helvetica">graphic representation of an argument
sometimes helps a great deal.</font>
<br><font face="Arial,Helvetica"> The suggestion has been repeatedly
made here that because food was injurious </font>
<br><font face="Arial,Helvetica">we should legislate against it. Now, I
have drawn here my argument in a graphic </font>
<br><font face="Arial,Helvetica">form. This is a graphic chart showing
the comparative influence of foods and </font>
<br><font face="Arial,Helvetica">preservatives. Of course we have to assume
the data on which this chart is </font>
<br><font face="Arial,Helvetica">constructed. You will understand that.</font>
<p><font face="Arial,Helvetica"> We will suppose that a normal
dose of a drug in a state of health is nothing. </font>
<br><font face="Arial,Helvetica">We do not need it at all. Now, imagine
that the lethal dose of a drug--that is, </font>
<br><font face="Arial,Helvetica">the dose that will kill--is 100; and then
we go to work and measure at three </font>
<br><font face="Arial,Helvetica">points--at 75, at 50, and at 25. There
are points at which we can measure. We </font>
<br><font face="Arial,Helvetica">can not measure up toward the right there,
because the line almost coincides </font>
<br><font face="Arial,Helvetica">with the basic line, and the deviation
is so slight that no method of </font>
<br><font face="Arial,Helvetica">measurement that we know of could distinguish
them.</font>
<br><font face="Arial,Helvetica"> Then, if we use a little
drug I can measure it here. I can measure it again </font>
<br><font face="Arial,Helvetica">here [indicating], and I can measure it
again here [indicating]. Now from those </font>
<br><font face="Arial,Helvetica">three points I can construct a curve and
calculate the lethal dose, which we </font>
<br><font face="Arial,Helvetica">will assume to be 100. That much drug
would kill; no drug would not hurt at all.</font>
<br><font face="Arial,Helvetica"> The relative injury of a
drug can be calculated mathematically from a curve </font>
<br><font face="Arial,Helvetica">constructed like that on experimental
data, and I could tell you mathematically, </font>
<br><font face="Arial,Helvetica">by applying the calculus there, just what
the hurtful value of that drug would </font>
<br><font face="Arial,Helvetica">be at an infinitely small distance from
zero. You have doubtless, an of you, </font>
<br><font face="Arial,Helvetica">studied calculus, and you know how you
can integrate a vanishing function. I </font>
<br><font face="Arial,Helvetica">used to know a good deal about calculus
myself, and I could by integral calculus </font>
<br><font face="Arial,Helvetica">tell you the injurious power of a drug
at an infinitely small distance from </font>
<br><font face="Arial,Helvetica">zero--that is, an infinitely small dose.</font>
<br><font face="Arial,Helvetica"> Now, see what a contrast
there is between a food and a drug.</font>
<br><font face="Arial,Helvetica"> The lethal dose of a food
is none at all. What kills you? You are starved to </font>
<br><font face="Arial,Helvetica">death. The normal dose is what you eat
normally, 100. I starve a man, and I </font>
<br><font face="Arial,Helvetica">measure the injury which he receives at
different points. I can mathematically </font>
<br><font face="Arial,Helvetica">plat the point where he will die.</font>
<br><font face="Arial,Helvetica"> That one chart shows to this
committee in a graphic form, better than any </font>
<br><font face="Arial,Helvetica">argument could, the position of a drug
in a food as compared with the food </font>
<br><font face="Arial,Helvetica">itself. They are diametrically opposite.
The lethal dose of one is the normal </font>
<br><font face="Arial,Helvetica">dose of the other, and vice versa. Therefore
the argument de minimis as far as </font>
<br><font face="Arial,Helvetica">harmlessness is concerned is a wholly
illogical and unmathematical argument, and </font>
<br><font face="Arial,Helvetica">can be demonstrated by calculus to be
so.</font>
<br><font face="Arial,Helvetica"> When the committee went into
executive session to put this bill into its </font>
<br><font face="Arial,Helvetica">final shape, I was asked to sit with them.
This is as near to being a member of </font>
<br><font face="Arial,Helvetica">Congress as I ever reached.</font>
<br><font face="Arial,Helvetica">FINAL ACTIVITIES</font>
<br><font face="Arial,Helvetica"> Thus ended the struggle for
legislation controlling interstate commerce in </font>
<br><font face="Arial,Helvetica">foods and drugs. It had been going on
nearly a quarter of a century. In the </font>
<br><font face="Arial,Helvetica">beginning the efforts were feeble and
attracted very little attention. As the </font>
<br><font face="Arial,Helvetica">work continued more and more interest
was taken in the problem. Many of the </font>
<br><font face="Arial,Helvetica">state authorities were keenly alive to
the importance of national legislation. </font>
<br><font face="Arial,Helvetica">They felt that without some rallying point
their own efforts in individual </font>
<br><font face="Arial,Helvetica">states would be lacking in completeness.
The state officials who were most </font>
<br><font face="Arial,Helvetica">active in this crusade were Ladd of North
Dakota, Sheppard of South Dakota, </font>
<br><font face="Arial,Helvetica">Emery of Wisconsin, Bird of Michigan,
Abbott of Texas, Frear of Pennsylvania, </font>
<br><font face="Arial,Helvetica">Barnard of Indiana, Hortvet of Minnesota,
Allen of Kentucky, and Allen of North </font>
<br><font face="Arial,Helvetica">Carolina. Many other food officials were
interested and helpful, but these were </font>
<br><font face="Arial,Helvetica">the outstanding members of the state food
commissioners who took the most active </font>
<br><font face="Arial,Helvetica">part in the matter. All the great organized
bodies interested in the health of </font>
<br><font face="Arial,Helvetica">the people, namely, the American Medical
Association, the American Public Health </font>
<br><font face="Arial,Helvetica">Association, together with the Patrons
of Husbandry, and the Federated Labor </font>
<br><font face="Arial,Helvetica">organizations of the country were actively
engaged in promoting this measure. </font>
<br><font face="Arial,Helvetica">Perhaps the greatest and most forceful
were the Federated Women's Clubs of </font>
<br><font face="Arial,Helvetica">America and the Consumers League, They
took up the program with enthusiasm and </font>
<br><font face="Arial,Helvetica">great vigor. Two of the leaders of this
movement were Mrs. Walter McNab Miller, </font>
<br><font face="Arial,Helvetica">representing the Federated Women's Clubs,
and Miss Alice Lakey, representing the </font>
<br><font face="Arial,Helvetica">Consumers League. Their services were
extremely valuable.</font>
<p><font face="Arial,Helvetica">EDWARD FREMONT LADD</font>
<br><font face="Arial,Helvetica">Militant Food Administrator of North Dakota,
at Denver Convention</font>
<p><font face="Arial,Helvetica">MRS. WALTER McNAB MILLER</font>
<br><font face="Arial,Helvetica">Representing Federated Women's Clubs</font>
<p><font face="Arial,Helvetica">MISS ALICE LAKEY</font>
<br><font face="Arial,Helvetica">Representing the Consumers' League</font>
<br><font face="Arial,Helvetica"> Finally the movement received
the approval of President Roosevelt in a </font>
<br><font face="Arial,Helvetica">one-line sentence in his message to Congress
at the opening of the fifty-ninth </font>
<br><font face="Arial,Helvetica">Congress in December, 1905. The stage
was set for action. The force of the </font>
<br><font face="Arial,Helvetica">movement had passed beyond all restraining
influences. The opposition of the </font>
<br><font face="Arial,Helvetica">vested interests had lost all momentum.
Victory was in the air. People talked </font>
<br><font face="Arial,Helvetica">about the food bill on the streets, discussed
it in clubs, passed resolutions in </font>
<br><font face="Arial,Helvetica">favor of it in their meetings. It was
evident the day of success so long looked </font>
<br><font face="Arial,Helvetica">for and so eagerly awaited was at hand.
It remained only for the Congress of the </font>
<br><font face="Arial,Helvetica">United States to compose the differences
between the Senate and the House bills </font>
<br><font face="Arial,Helvetica">and put the final touches on legislation.
It was a foregone conclusion that a </font>
<br><font face="Arial,Helvetica">measure so popular and so universally
acclaimed would receive without hesitation </font>
<br><font face="Arial,Helvetica">the approval of the President.</font>
<br><font face="Arial,Helvetica"> The bill passed the Senate
February 21, 1906, yeas 63, nays 4. The House </font>
<br><font face="Arial,Helvetica">passed a similar bill June 23, 1906, yeas
241, nays 17. The conferees agreed </font>
<br><font face="Arial,Helvetica">soon thereafter and President Roosevelt
signed the bill June 30, 1906.</font>
<br>
<p><font face="Arial,Helvetica"> </font></td>
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<br><a href="mailto:drsaul@doctoryourself.com">Dr. Andrew Saul</a></center>
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