LETTER OF TRANSMITTAL.

OFFICE OF DAIRY AND FOOD COMMISSIONER,

Lansing, Michigan, June 30, 1897.

TO HIS EXCELLENCY, HAZEN S. PINGREE, Governor of Michigan:

SIR-In compliance with section nine of act No. 211 of the public acts of 1893, as amended by act No. 245, public acts of 1895, I have the honor to submit herewith the annual report of this department for the year ending June 30, 1897.

Very respectfully,

ELLIOT O. GROSVENOR,

Dairy and Food Commissioner.

FOURTH ANNUAL REPORT

OF THE

STATE DAIRY AND FOOD COMMISSIONER.

The year which this report is supposed to cover embraces the doings of the department for seven months of the administration of the former Commissioner, and represents five months' work of those who have since been charged with its obligations.

It is with much regret that this report is presented without the aid and assistance of the former Commissioner, and of two out of three inspectors, whose connection with the department terminated about February 1, last. Pressing business engagements are given as the cause of their inability to contribute an account of the department's accomplishments and needs during the seven months' period referred to.

RECONSTRUCTION.

Since the last annual report was issued, the legislature has revised the statute creating this department, and have placed it where its creators planned it should be.

The department is now charged with the enforcement of the law, limited to the sum of eighteen thousand dollars yearly. Out of this amount must be paid every single item of expense, with the exception of the paper and printing.

The department is now allowed a deputy commissioner, as well as an assistant analyst and three more inspectors, making six in all.

Michigan contains about 57,000 square miles of territory, a range which has been proven too great to be compassed by the inspecting force formerly allowed the department. The State is now divided into six districts, and an inspector assigned to each and charged with the territory prescribed in his district. In this way it is expected that a closer and more effective watch may be kept upon the trade, and that the

department will come more closely in touch with the grocery merchants of the State. Each inspector will come to know his district, recognize the dangerous points, and very largely influence the grade of goods to be handled in his district.

POLICY.

As is well known, a conservative policy-a campaign of educationhas been followed in the past. It has been the department's aim to instruct the wholesaler, the retailer and the consumer as to what the law demands and as to what goods may be and may not be sold. In this connection, it may be noted that the inspectors exercise a large influence towards bettering the class of goods handled, and this is obtained largely through the increased demand by consumers for pure goods. The demand for something cheap, be it good or inferior, as a factor against enforcement of food laws, is gradually disappearing in Michigan.

The former Commissioner expressed the belief that in the future the affairs of the department should be administered upon different lines, and that trade, having had a fair opportunity to become acquainted with the requirements of the pure food act, should be held to a strict compliance with its provisions.

The Michigan law brings violations of the pure food acts within the jurisdiction of the circuit court, and beyond the jurisdiction of the justices' courts. The consequence of it is that, while the penalty is more severe, and therefore probably more dreaded, but comparatively few prosecutions can be had.

The law gives the right to bring prosecutions to the Commissioner and the deputy commissioner, and to no others. The best part of a week is consumed in making the complaints and attending to the preliminary examination before the justice. If this results in the binding over to the circuit court of the accused, then the good part of another week must be spent in trial at the circuit. It will be easily seen that but few prosecutions can be maintained in a year. It is therefore the department's policy to pick out the leading cases of flagrant violations of the law and make examples of them, rather than attempt to prosecute every violation, which would be simply impossible. Other states, notably Ohio, have placed their cases in the jurisdiction of their justice courts, and have delegated authority to make complaints to the department's inspectors. It follows that very many more prosecutions can be made in such states than here, where it is necessary to go through the preliminary examination and then have a trial in the circuit court.

It can readily be shown by comparison that the results obtained, which are, of course, the real desideratum in these matters, are not necessarily indicated by the number of convictions obtained. It can be shown that in this State the decrease in the sale of impure food products within the history of this department is enormous, in spite of the few prosecutions. The department has been subjected to more or less press criticism because of the large percentage of adulteration shown in the tabulated statement of its monthly bulletin. The State press loses sight of the fact that the inspectors do not send samples for analysis, excepting such as they believe are adulterated; that they pass hundreds of samples which they know to be pure to find one which is suspicious. The percentage of