which produce the genuine want this principle established; the interests which make the imitation do not.
The purpose of standards embraces the principle of uniform weights and measures. The law of weights and measures determines what shall constitute a pound or a gallon, and requires that when a pound or a gallon is contracted for the substance delivered shall weigh or measure according to the contract. The law of standards would require that a pound of butter and a gallon of honey shall be such, with all the qualities of good butter and good honey. This standard principle is well established at common law, but the statute and commission are necessary to put it into continuous effect. The impression has been created that it is the purpose of food standards to arbitrarily determine what people shall or shall not eat, when, the fact is, the purpose is not to prohibit but to identify. Food standards will prevent the arbitrary imposition upon consumers which dishonest labeling permits.
For protecting consumers and to meet the ends of justice in the enforcement of food laws it is not only needed to know what this man or that man or these two men consider the qualities of a pure product, but also, what the collaborated evidence from all of the scientists and of all practical experience establish these qualities and the correct method for determining them to be. This collaborated result is the standard, and is, from its very nature, a protection against error.
The legal status of scientific commissions appointed by the state and national governments to determine certain facts in order to intelligently enforce laws becomes an important question when the findings of such commissions affect large interests. In the enforcement of police regulations against ignorant offenders, and in matters of undisputed public importance or danger the rulings of executives and the findings of government scientists have been given the warrant of law without dispute. But in settling a question which concerns established business, the authority for the appointment and the powers of the commission to investigate such questions become a matter of great importance. Such a commission exercises, in the consideration and determination of technical matters, the combined functions of the legislative, executive and judiciary up to the point of putting its findings into effect. Its findings may go into effect by the mutual assent of the interests affected, as is, with but few exceptions, the case where the finding is correct. But if disputed, the finding can not go into effect with the warrant of law, except under the rules and as the weight of evidence.
In his great speech on the constitutional right of congress to pass legislation limiting the power of the inferior federal courts to grant injunctions against the decisions of a railroad rate commission, until after full review, Senator Bailey says in defense of giving such a commission of experts the fullest powers possible:
