the same brand and package of some goods are sold in adjoining states which contained goods of a decidedly different grade or quality because of the variance in the pure food laws in force in the respective states. In view of these indisputable facts, the system of advertising food products proposed by certain persistent corres pondents, who continue to demand free analytical examinations and certificates of purity, would fall into bad repute very speedily because of its self-manifest impropriety and actual wrong. In addition to the above objection may be cited the fact that the Commonwealth does not provide the needed laboratory facilities nor funds for making such analyses for manufacturers, jobbers, retailers or private individuals. If the precedent were established, there is no doubt that the several laboratories would speedily be flooded with all kinds of samples, and that as a result, it would render all efforts to perform the proper and legitimate work of the Division not only futile, but an actual farce.

If manufacturers produce pure goods, they are already fully informed of the self-evident truth that they can offer for sale or sell the same in any state without fear of any interference or molestation on the part of pure food officials. On the other hand, if the peculiar composition of their products is such that they have any reasonable doubt or fear as to the legality of their sale and use, their duty, as it appears to the Commissioner, is to consult their own attorney and chemist. The Commissioner will, however, upon request, cheerfully supply all those interested with a pamphlet containing the dairy and food laws, free of charge, together with such other information as he may deem proper.

This explanation at this time is rendered necessary because of the large number of correspondents who seek information upon the subject discussed.

PROSECUTIONS REPORTED IN THE BULLETIN.

An examination of the reports of terminated food prosecutions which appear regularly in the columns of the "Monthly Bulletin” show that a very large proportion of the suits brought are ended by the payment of the fines and costs, without appeal to the regular channels of justice instituted by our government for proving such questions. This, probably, is due to the fact that a case at trial would be likely to result not only in a conviction, but the imposition of additional costs. The Commissioner does not ignore the fact that the most sacred thing under our form of government is the right of the individual citizen to his good name, and if he chooses to defend his position in open court, it is his natural right. On the other hand, where the alleged violation of law is firmly established, and the manufacturer or retailer desires to plead guilty and pay the fine and costs, ordinarily, there appears no good reason for a refusal, and magistrates, aldermen and justices of the peace should be granted jurisdiction and proper authority to terminate such suits. The work of the Dairy and Food Division, so far as the same lies within the discretion and power of the Commissioner, will not permit any unfairness. The deep sense of justice due to the individual citizen of the Commonwealth, is always carefully regarded and never purposely ignored in the consideration of violations of the laws.

PROSECUTIONS DURING 1905.

The reports of the official chemists confirm the statement advanced in the preceding annual report that the percentage of adul terated, preserved, counterfeit or impure articles of food, and milk in particular, is gradually growing very much smaller. As a result, the number of prosecutions ordered during 1905 again shows a marked decrease, as compared with the preceding year. The total number of suits ordered by the Commissioner are presented in the following summary:

1903,

1904, 1905,

1,800

1,517

1,085

4,402

The decreasing figures form their own commentary. The continued violation of the oleomargarine law was productive of the next to the largest number of suits ordered in 1905, namely, 187 in number, while 30 defendants were charged with violating the renovated butter law. The sale of chemically preserved meat, sausage, etc., resulted in the ordering of over 200 prosecutions. Jellies, jams and preserves were found illegal in 144 cases, while Maraschino cherries produced 53 unfavorable chemists' reports. Eighty-three samples of catsup were found to be illegal, while prosecutions were directed against 52 dealers who sold Worcestershire and other sauces containing forbidden chemicals. In strange contrast with previous reports, only 47 samples of milk and cream proved un lawful.

Candy was examined more carefully than ever before, and 62 adulterated samples found. The quality of spices continued to improve, only 25 adulterated brands being reported by the chemists. Other articles of a miscellaneous character supplied the remaining suits.

HOW CASES ARE CONSIDERED.

The Commissioner desires to state that all evidence surrounding possible cases for prosecution always receives careful and conscientious consideration. The large percentage of convictions secured verifies the above statement, since it is of rare occurrence that a suit falls. The samples purchased for analytical examination are invariably bought by a sworn special agent, but all of them have been instructed to do absolutely nothing that might be construed as unfair towards dealers or to induce or tempt them to commit violations of the laws. As already explained, a prosecution is only based upon an actual sale to a sworn special agent of the Dairy and Food Division. The substitution of oleomargarine when butter is asked for, forms a violation of law that usually results in an easy and early conviction, since neither magistrates or courts are in sympathy with such practices.

COURT TRIALS STRONGLY CONTESTED.

With the acquisition of increased experience, many of the court cases are more strongly contested than ever before, and, as a

result, the expenses of the Dairy and Food Division increased in a proportionate degree. Legal and scientific technicalities, diversified opinions of courts, varying interpretations of laws, etc., all of which make the work of the Commissioner more trying, exacting and costly.

The Commissioner appreciates the constant courtesy, co-operation and good will of the honorable Secretary of Agriculture, and is also deeply grateful to all who assisted in making the past year's record notable and satisfactory and a distinct advance in the cause. No other State in the Union can claim greater results.

THE DIVISION A REVENUE PRODUCER.

Contrary to expectations, the continued vigorous enforcement of the dairy and food laws has again been an actual source of revenue for the Commonwealth, the total receipts of the office slightly exceeding the expenses of conducting the same, notwithstanding the increased expenditures for chemists and laboratory expenses, attorneys' salaries and fees, expert witnesses' testimony, extra detective work and the regular field work of the special agents. The Commissioner and his assistant also constantly kept in close touch with the work outside of the office, very frequently visiting the various parts of the State to personally observe where improvements in conditions for the good of the service might be secured.

As the financial statement shows, there was a considerable decrease in receipts as compared with the preceding year, because of the greater percentage of purity of food commodities analyzed, and it is believed that the coming year will show a still further shrinkage.

FINANCIAL STATEMENT FOR 1905.

The appended detailed financial report of the receipts of the Dairy and Food Division for the year ending December 31, 1905, is respectfully submitted. The amount of licenses fees, pure food fines, etc., deposited in the State Treasury both prior to and after June 1, 1905, are kept separate, as under the provisions of the General Appropriation Act of 1905, the receipts of the office could no longer be applied to the payment of current expenses incurred in enforcing the statutes, but such expenses were provided for and paid through an appropriation made by the Legislature. That a large balance remaining on hand, after the settlement of all claims for services, expenses, etc., incurred previous to June 1st, reverted to the Commonwealth of Pennsylvania, is a matter deserving of note. withstanding the great expense of enforcing certain dairy and food laws, no less than $76,718.74 was turned into the State Treasury in compliance with law, after the settlements of accounts for services and expenses arranged for and incurred previous to the approval of the new act.

The receipts of the office during 1905 aggregated $82.467.60, for which amount receipts were issued by the State Treasurer.

RECEIPTS OF THE DAIRY AND FOOD DIVISION, 1905.

FINANCIAL STATEMENT 1901 TO 1905, INCLUSIVE.

In conformity with previous custom, the following comparative financial statement for the years 1901 to 1905, inclusive, is hereby presented for your examination. A careful analysis of the figures is earnestly requested, since these briefly indicate the extent and scope of the work of the Dairy and Food Division more fully than the ordinary routine reports.

NEED FOR A NATIONAL PURE FOOD LAW.

President Roosevelt in his message to Congress, briefly but strongly endorsed a National law to govern inter-state commerce in foods, recognizing its importance and necessity. Strong interests are again opposed to the enactment of any good and effective legislation upon this question, and at the present writing the prospect for the much needed law is not very encouraging.

There is a multiplicity of bills; radical differences prevail in various directions; interests of diverse opinions are aroused and, in general, the outlook is not as encouraging and satsfactory as had been hoped. That there should be any serious objections to guarding the health of the people, and also to preventing them from being defrauded by the substitution of counterfeit or inferior products when they are charged full value is, indeed, surprisingly strange. With the revision of the Federal statutes, the work of the Dairy and Food officials in the various states of the Union would not only be simplified, but accelerated, and still greater benefits for consumers would inevitably follow the joint work of the State and Federal authorities. Pennsylvania, with its population of seven millions and vast manufacturing and agricultural interests, has been deeply stirred and thoroughly aroused, and it is earnestly to be hoped and wished that Congress will strengthen and aid in the good work. This is a question in which all are directly concerned. The measure has our hearty approval.

CORRECT LABELLING OF FOOD PRODUCTS.

The subject of the proper and correct labelling of food products is a question that is inevitably reappearing with due regularity in the voluminous correspondence of the Dairy and Food Division. The subject was discussed with more or less force in a preceding

report.

The Commissioner does not approve of the argument advanced by some manufacturers and dealers that if the label explains the story of the ingredients, the law has been complied with. This fact has been demonstrated in many prosecutions, and it is well to take proper precautions. Vilely concocted and injurious articles