In the cases of Chas. Niemeyer & Co. and Elmer Pealky, owing to that indefinable something which is well known to at times warp the mind and sway the judgment of the presumably best of juries, a verdict against this Commission was returned-the defendants being acquitted. I had fully expected a conviction in these two cases, as our attorneys fancied they had made out a clear and glaring violation of the law; but since the finding of juries surpass all understandings, our calculations miscarried. It is a source of pleasure and gratification to record that in the cases of Seiter, Rybold, Sims and Slommers, verdicts in accordance with the facts in the cases were given; each of the defendants being assessed a penalty of one hundred ($100.00) dollars and the costs of the prosecution. As set forth in my last report, the cases of Ryan & Son, Chas. Newcomb, Benj. Otting and John J. Hope were taken up on error to the court of common pleas, and the judg ments were affirmed by that court. Their next appeal was to the circuit court, and what success attended us there, is best shown by a perusal of the decision prepared by Judge Cox, the essential part of which is as follows: "The affidavits in all the cases are alike, and it is claimed are all defective, and do not charge an offense. They charge that the defendants sold (and in some of them kept for sale) an article and compound, made, etc., by compounding with and adding to cream or butter animal fats or animal or vegetable oils not produced from unadulterated milk or cream from the same, so as to produce an article and compound and human food in imiation of butter. "It will be perceived that the allegations as to the substance sold and held for sale are all in the disjunctive. What the component parts of the compound are does not positively appear. Whether it is milk added to animal fats, or butter added to vegetable oils, or cream added to animal or vegetable oils, can not be ascertained from the description. Each one of these would be a distinct offense under the statutes, but the particular one relied on should be stated positively and not disjunctively. We think this objection to the affidavits is well taken, that they do not charge an offense under the statute, and that all the proceedings before the magistrate were erroneous. The court of common pleas should have reversed the judgment. The judgment of the court of common pleas, affirming the judgment of the magistrate in each case will therefore be reversed, with costs, and the cases remanded to the magistrate with instructions to discharge the defendants with costs." I put it mildly when I say that the decision was a sore disappointment to this Commission, and that the work and labor of months was brought to a standstill through a mere technicality in law. In taking advantages of these technicalities, the defendants' attorneys broke faith with our attorneys; as they had agreed that these should be test cases and decided on their merits. Though the decision of Judge Cox was an adverse one, it clearly demonstrated the fact that convictions under the statute can occur where the wording of the affidavit is properly drawn; and it is this portion of the decision which most encourages us and dismays our opponents. Having profited, it is hoped from the salutary lesson taught me in the reversed cases, I have caused the affidavits in all subsequent cases to be each worded differently; fully realizing that this was the surest and wisest course to follow, since it will necessitate separate trials for each defendant, and is bound to bring out every point whereby the opposition hope to overcome us. Though I fear that during my incumbency of this office the issue of the cases now pending will not be known, I nevertheless feel confident that the day is not far distant when most of the complaints now made in regard to the adulteration and deception in the sale of bogus butter will be unheard of; the anxiety for the future of the dairy interests removed; and the laudable aims and purposes of this beneficent law will have been achieved. VINEGAR. The praiseworthy disposition among vinegar dealers to live up to the requirements of the law, I find to be quite general. I have had analyzed four samples of vinegar, and in two instances the goods were found to be as represented. Sample No. 2, termed Malted Vinegarine, made only by the Red Cross Vinegar Co., St. Louis, Mo., and alleged to be a superior article for table use, was found to be a first class imposition; being neither fruit nor cider vinegar. Having been prevented from taking any legal action against the firm, they being non-residents, I had published in the daily papers here a statement warning all dealers, under the penalties of the law, to desist from its sale, and cautioning the public against being imposed upon in purchasing such an article. This evidently had the desired effect, as diligent investigation failed to show that any of it is now exposed for sale in this market. Sample No. 4, a vinegar of like description, being neither fruit nor cider, was sent me to have analyzed by Messrs. Kunz and Buehl, of Middletown, Ohio. Repeated requests to be furnished with the name of the manufacturer were wholly ignored, and in consequence I was unable to prosecute the offender. MAPLE SYRUP. Deceptions surpassing those indulged in by maple syrup dealers, must surely be very exceptional. Professor Fennel's report of cases submitted, shows that herein the art of the falsifier has reached such a degree of perfection that he is able to palm off a aixture of glucose and molasses as "Pure Maple Syrup," receiving, moreover, for this compound as good a price as the genuine product commands. Samples Nos. 1 and 2, purchased by Mr. Oscar Martin for pure maple syrup, from the firm of S. W. & P. W. Leonard, of Wilmington, Ohio, were found in one case to be a compound of molasses, cane sugar and glucose, without any trace whatsoever of maple; and the report on sample No. 2 of the same firm's make, shows but slight improvement. Sample No. 3, labeled Barker & Co, Vermont, first quality, was found to be a mixture of glucose and molasses. Sample No. 4, labeled American Preserve Co., Cincinnati, O., warranted pure, was a mixture of maple, glucose and molasses. Sample No. 5, labeled Tuttle & Harmon, Burton, Ohio, showed some improvement, being reported "Mixture of maple deprived of its sugar. Skimmed maple syrup." In the first two cases I lost no small amount of time, awaiting assistance, which never came, from the prosecuting attorney at Wilmington, Ohio, Mr. Savage. I finally learned of his positive refusal to prosecute the cases. Having no other recourse, I was forced to reluctantly abandon them. It is my intention to push the cases of the other three violations to a speedy conclusion, though I anticipate considerable opposition. MILK. To the unremitting vigilance and activity of the Department of Health in this city, whose interests are so well looked after by its faithful and efficient head, Dr. Prendergast, is chiefly due the marked changes for the better in the character of the milk supplies in this market. There has been no let-up to the admirably conducted warfare, made mention of in my last report, upon unscrupulous and careless dairymen. As a consequence, incalculable good has been wrought, not alone to the general public, but also to the honest dealer in this most vital commodity. I have no hesitancy in saying that the quality of the milk now furnished this community fully meets all requirements, and that the demands of the "pure milk" advocates have been reasonably realized, both in regard to the cleanliness and healthfulness of the quarters where the cows are kept, and in the purity of the milk prepared for consumption. CONDENSED MILK. Having reason to believe that an analysis of the condensed milk, so largely sold hereabouts, would lead to good results, I procured four different samples, which were submitted for examination. It will be observed that Professor Fennel has deemed it proper to report the samples as pure, so far as present requirements are concerned. Professor Fennel's report is an exhaustive and thorough one, and will well repay the closest scrutiny. So searching and painstaking is it, and so valuable are the suggestions it contains, that any thing which I might add would be merely superfluous. I trust that his timely suggestions respecting this very useful and typical food (milk) may receive that heed and consideration which they deservedly merit. PURE FOOD LAW. Some idea of the extent to which the inventive geniuses of the land have employed their talents in the inviting field of food adulteration, may be obtained, when it is considered that precious few of the articles prepared for daily consumption are exempt from the baneful effects of adulterants, and that the great majority of the necessities of life contain more or less hurtful ingredients. Teas, coffees and spices, comforts alike to the rich man and to the poor man, especially, afford opportunities for the exercise of fraudulent arts; for it would seem that in these foods are the most alarming deceptions practiced. With such a state of affairs prevailing, renewed force and sanction are lent to the suggestions contained in my former report. A more reasonable allowance for the carrying on of analyses, and an appropriation in some degree commensurate to needful expense2 are requisite, if the good objects of the pure food law are to be attained, and the vicious and menacing evils of adulteration eradicated. In closing this, my last report, I deem it meet and proper to state that Mr. John E. Bruce, of the law firm of Bruce & Cleveland, has discharged the responsible duties devolving upon him with unvarying care and fidelity, and has contributed signally to whatever of success has attended my efforts. By his hard labor, faithful service and genuine interest in behalf of this commission, he has earned its lasting thanks, which are hereby tendered. Professor Fennell's report follows. His well-known ability and thorough interest in his work and labor needs no indorsement from my hands. Respectfully submitted. P. MCKEOWN. CINCINNATI, OHIO, April, 1892. HON. P. MCKEown, Assistant Dairy and Food Commissioner, Cincinnati, Ohio: DEAR SIR: The undersigned, as chemist for the Southern District of Ohio, has the honor to submit the following report: Chemical examinations show conclusively that the adulterations of our food products is general aud steadily increasing. That such a state of affairs should exist is sad indeed, and yet not surprising, owing to the fact that the general public in its struggle for existence demands cheap goods; thereby compelling and justifying the producer of food products to exercise his ingenuity to the utmost to supply this demand. This is done by sacrificing quality for quantity, and as a result the market is flooded by cheap but adulterated products. Chemical examination has shown that these adulterants and adulterated products are fortunately not directly injurious to health, with perhaps one exception; and yet it should be apparent |