END OF THE INDIANA CASE

Judge Anderson of the Federal Court of Indiana decided this celebrated case in favor of Indiana. It was appealed to the Federal Circuit Court. The decision of the lower court was approved.

Appeal to the Seventh Circuit of United States Court of Appeals in the Case of Curtice Brothers, vs. Harry E Barnard, et al, Willis Baldwin, E. 0. Grosvenor, and John Barton Payne, attorneys for Curtice Brothers, Thomas M. Honan, Attorney-General of Indiana, attorney for Harry E. Barnard. Judge Kohlsatt delivered the opinion of the Court.

From the evidence and the master's report thereon, it is evident that the question of the harmfulness and harmlessness of benzoate of soda is as yet an open one in the scientific world. While the voluminous record of this case deals largely with that question, it is a question of fact. The finding of fact of the master may not in the absence of convincing evidence to the contrary be set aside. To show that the report is erroneous and not justified by the evidence the burden rests upon the appellant. That burden is not convincingly sustained by the record. We, therefore, start with the proposition that the question is yet an open one in the scientific world and, therefore, an open one for the purpose of this hearing. This being so, it was within the power of the Indiana Legislature to prohibit the use of benzoate of soda in the preparation of foods.

Manifestly, if the Legislature of Indiana in the reasonable exercise of its police power and for the welfare of its citizens condemns as an adulteration the use of benzoate of soda in the preparation of articles of food, then in the absence of a general acceptance of the proposition by the scientific world that such is not the case there can as to that matter arise no question of the violation of the Constitution of the United States, or, as here charged, of the State of Indiana. When deemed necessary by the Legislature for the public health property rights such as here involved must give way. It is therefore apparent that the position taken by the appellant with reference to the constitutionality of the act in question is without merit, as are also the other matters covered by the assignment of errors. The decree of the District Court is affirmed.

At the time of the decision of the Seventh Circuit Court of Appeals Williams Brothers of Detroit became convinced that benzoate of soda was an injurious substance and withdrew from the further prosecution of the case. It was carried by Curtice Brothers to the Supreme Court of the United States. In 1915 negotiations were begun between the State of Indiana and the Curtice Brothers looking to abrogation of hostilities. A stipulation was agreed upon in which Curtice Brothers obtained all.they had fought for in the district and circuit courts of the United States as follows: