# Transcript of Record — Chicago v. Fieldcrest Dairies, Inc. > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386403_0017%3A02 ## Record - **Collection:** Supreme Court brief - **Document type:** Transcript of Record - **Published:** January 1, 1942 - **Citation:** 316 U.S. 168 ## Text ee My LER S toe ae a ee ie MA A AE ’ ; ie 7 -. He 72 i~ ¥ . ‘<> ; nonheme mann ® 5 — a 3a . Vol. Il TRANSCRIPT OF RECORD Supreme Court of the United States | OCTOBER TERM, 1941 ‘No. 7060 CITY OF CHICAGO, A MENICIPAL CORPORATION, BOARD OF HEALTH OF THE CITY OF CHICAGO, ET AL,. PETITIONERS, _ Us. FIELDCREST DAIRIES, INC. o ON WRIT OF CERTIORARI TO THE ‘UNITED STATES CIRCUIT COURT OF APPEALS FOR THE SEVENTH CIRCUIT : e ‘ . PETITION FOR CERTIORARI FILED OCTOBER 20; 1941. CERTIORARI GRANTED NOVEMBER 24, 1941. powers Court of the United Satpe _ Ootosun Tan, A; D. 1941. ae -jaif . No. CITY OF CHICAGO, (4 Muwtcreat Corporation), BOARD | OF HEALTH OF THE CITY OF CHICAGO, DR.’:. ROBERT A. BLACK, Heaurn Commissioner anp Act- tna PresipENT oF Boarpd oF ‘Heats oF THE City oF Cutcaco, , rb Ee anda Babe peltilenine:. v8. _ FIELDCREST DAIRIES, (Iwc.), Pao _ Respondent. ‘ON WRIT OF CERTIORARI TO THE UNITED/ STATES CIRCUIT. COURT OF APPEALS FOR THE SEVENTH CIRCUIT. A : 4) _FIELDCREST DAIRIES, (Inc. es = Plaintif'-Appellee, v8. : CITY OF CHICAGO, (a Muwtorpat - Corporation), ’ BOARD OF HEALTH OF THE CITY OF CHICAGO; - DR. ROBERT A. BLACK, Heattn Commissioner anv . Actine PRESIDENT or Boarp or Heattx or THE City oF Cuicaco, Defendants-Appellants. Appeal from the District Court of the United States for the Northern District of Dlinois, Eastern Division. : ° ° Fer ee — / f ‘ NSE . ° + P ° ~~ ~ . : — ‘ . , ; ‘ .. ” ‘ ‘ . - - 2 ° ad ~~ ae % ? . : e ; . "a raed - : e ° ‘ J . . o 4 ‘ ° ° ~ : - ed - “* -..... waisesekne ee PEM .. 1295 -Bundesen, Herman N. ..............0-0cececeee ese 1206 - - Dnlak, Francis A. .....°............ Pr erie atte eee Krueger, Paul F. .........:... pack tobisheewee vis 1... 968 — ee ee o cal — —en / { iii Martinek, Matthew J. ....:....... an eatatie tbe was ...1001 I IE Gas cch cede sarabouedsinbausduecesoee 1032 - Reynolds, Harry J. .......... Mik iniVes ees cas ccna’ 1237 Rudig, Delmar M. ............. PPOTTTTEOTEE NITE. - Tonney, Fred O. ....... sisbecchietnen vanbsicen cae Report of Conference with Master....... reknucaes 1307 - Report of Discussion SN Ms cock cui ch ieaews 1328 af Pits $. Puanerier’s EXHrsrrs, — \ ™ : Dairy Products Co. ............ bpp 11471 _ Me’ 8Eeter Nov. 28, 1936—Sullivan to Fuller... .1471. No.. 7—Letter Nov. 30, 1936—Foote to Fuller......1472 . No, 8—Letter Dee. 1, 1936—Moffett: fo. Silver Seal Dairy Products Oo... 2.0.60. ceseeciesenece 1473 _ No. 10—Letter Dec.: 2, 1936—Grim to Silver Seal REE NE RIALS ivdecweass ..1474° _ No. 11—Letter, Jan..5, 1937_- Williams to Fuller..... 1474 No. 12—Article ‘Sanitation of ~~ Milk Con- ET Sie Gcbehepeeendbd's ahereeSnnss kee é) 1477 No. 13—Photograph of pint glass milk ‘bottles and 65 Fae pen nv eae Ob whee ctnesa sees '.. 1493 © ‘No. 14—Photograph of quart glass milk bottles......1495 No. 15A—Photographs from advertising literature of ¢ | Ex-cell-O Corporation .........7..........06 1498 No. 16—Article ‘‘Single Service Containers: for Milk ; ond Mik Prodiasia”® ......:..0.305.5500%0. 1503 No. 17—Article ‘Reasonable Sanitary Standards for Paper Prod ee 1507 - No. 18—Article ‘*When are Milk Conthiners and _Equip- ; . ment Clean and Sterile” .................. 1514 - No. )}19—Report of second: conférence on Sanitation of + _ Paper Milk Containers, Etc. .......... *....1518 aE # pees 1 to 000; Vol. Et peeve 600 to 1004; Vol EIT pages 1008 fo ; wy, No. 4—Report of Dr. Arnold, Dec. 4, 1937, ote. : vase. No. 5—L etter. Nov. 27, 1936—Packer to Silver Seal \- . iv Article ‘‘Paper Containers for Milk; Prin- ‘tiples of Sanitation to be observed in their Manufacture and Use’’...... eee | -,) No. 21—Article ‘‘Proposed Standards ee Paper Milk TP IEP I 4) SESE, RS 1534 _ No. 22—Article ‘‘Sanitary Problems in Connection with Paper Containers for Milk’’.......... 1540 - No. 23—Letter Feb. 18, 1939—Sanborn to Ewing... .1545 No. 24—List. of cities using paper milk containers, ; EE I, le soo bk ci cba cea oes 1546 © No. .25—Letter Nov, 14, 1938--Sanborn to Dwyer....1548 -° No. 23—Photograph of printing press feed—Gardner. | e ES. ONES Dee OY A Ee ORES 1549 No. 34—Photograph of carton blanks ready for glu- Bie Wee GHD, os «5. ooo Sas avzasccstec 1551 No. 35—Photograph. of ‘carton blanks ready for ship- | | MRE COUG Searched pdvee a caensovnteeae lie 1553 ' No. 36—Photograph of blank ready for gluing, capped .1555 — No.37—Photograph of carton blanks i and ready : ia ce einn eo bake seks salebaden.c 1557 No. 38—Photograph of finished cartons in flat form” ~ packed for shipment ......... PebAed eine nes 1559 No. 39—Sheets headed ‘‘Samples of ‘Milk Bottle Car- | tons,’’ tests by Harry C. Fisher............ 1561 No. 42—Photograph — Model ‘‘C’?—Soaker Bottle Washer -2........¢.,. Sieebaukakeeen aca £1563 . No. 44—Photograph of paper bottle and glass bottle | filled with milk at 15 degrees below zero...... 1565 ‘No. 45—Letter June 23, 1939—Hoffman to Gariepy. .1567 No: 46—‘‘Study on Self- Purification of Paper’’.....1572 No. 47—“‘Bacterial Condition of Pure-Pak. Con- | RES ORS ERIS PRS opener cs 1573 No. 47A—‘‘Bacterial Condition of Pure-Pak Paraffined Container as revealed by Four _ Different Methods’’. .......... cuidauneceny ibis cieess 1574 srat ¥ paews 1 to Gon; Wot HF pages O00 to iene: Vol TET regwe 1808 w Vv No. 48—‘‘ Bacterial Condition of washed and sterilized >. bottles in two planfs in Chicago’’.......... 1575 No. 49—‘‘ Bacterial Condition of 132 Pure-Pak paraf- fined containers from eleven different milk Pee er a No. 50—**Study. on the Bacteriological Condition of 9 the Paraffin Bath in Pure-Pak Machine’’. .. .1576 No. 51—‘‘Bactericidal Property of Paraffining’’... ..1578 No. 52—‘‘Contamination of Milk by Pure-Pak Machine ; where practically sterile milk was bottled’’. .1579 _ No. 53—‘‘Number of Bacteria Enmeshed in the Pa- . per used for-Dairy Products’” ..........:... 1580 No. 54—‘‘Bacteriological Condition of Paper ‘Milk Cortainers before being Paraffined’’........1581 - ‘No. .55—‘‘ Bacterial Contamination of Milk by the pour- - ing lips of Glass: Bottles’’........ Gabisd waxes 1582 _ No. 56—‘*Number of Bacteria on and in ‘Siline for Ae g. Pure-Pak Container Pouring Lip’’........ 1583 No. 57—‘‘Bacterial. Contamination of Milk by the _ _ Pouring Lip of Pure-Pak Containers’’. .... .1584 No. 58—‘‘Effect of Parafffming on Bacteria when con- ' tainers were inoculated befoft Paraffining’’. .1586 No. 59—‘‘Bacterial counts of 50 glass bottles and 50 Pure-Pak Containers”? ........... oe A ad eg 1587 No. 60—‘‘Bacterial Condition of Adhesives used in. Mpe=ie, Pure-Pak :Containers”’ ..............-. ... 1588 _ No. 61—Letter Sept. 12, 1939, Fuchs to Rall.:......1589 ‘‘Public Health Service Sanitation Advisory © Board Action on Single- Service Contain- : CN cabaret civccancaekwaeanns 1590 No. 62—‘‘Sanitary Aaperty of | Paper Milk - Con- ‘ EN GAR GARbNGA Lab en Ncaanenanedwe atest 1591 No. 63—‘‘ Are Paper Milk Containers Sanitary?’’. ..1600 No. 64—Certificate of Incorporation - of Fieldcrest Dairies, Ine, ....J... [ovveersees ceeeou «....1609 Se een ae va a nee ee © men va Sr ew a ” 997. } | \ ; y % . “+ { : 4 % . No. No. vi 65—Certificate to do hautenin | in Illinois of Field: IE Gy ND io 5 ok Skee ences Penacucce 1613 — 66—Photograph of two trucks containing crated ee Sener ore ue Serene 1619 ” : 67—Photograph of truck iitatatatead milk bottle crates OP Ear aptane 2b ing AR RN bes dee ewan 1621 Se ts Bink ; 70—Photograph of: two trucks which crates con- See ee SI, ol ie Vel exes bans 1627 . T1—Photograph of truck mibaiaie milk bottle crates with crated bottles in shed in back- "ground AA REMS OAR a wR oa Cae eRe Nee ’, 1629 ; 72—Photograph of crate with = milk bottles NA a oe eek 1631 ° e ; 73—Photograph of milk bottle at laboratory with E. R. Faust\.. . PRI Ge pe 4S 112 aE er REN 1633 . 74—Photograph of colored man with milk bottle _at junk yard 2048 W. Lake Street .......... 1635 le 75—Photograph of elose- -up of bottles i in front of ie We Lila Ph ee RS 1637 i 76—Photograph of eats bane in Illinois Cen-, — tral YATES o.oo i cece eQeeecvensncvedtisewe 1639 . 77—Photograph of junk yard’ employees loading empty bottles into a milk bottle crate ......1641 . 78—Photograph of milk bottle at County Morgue .1643 . 79—Photograph of push cart man placing empty © milk bottle in sack..... JAAR ged api ae ay Te 1645 . 80—Photograph of E. R. Faust in front of filled milk bottle crates in junk yard....... a 1647 , 81—Photograph of man at quarry dump picking up milk botile...... es sic Os Mice’ “ A. gin the dairy operations the term was borrowed and used gith a different meaning from a practical standpoint. It means the reduction—really, strictly speaking, it means the reduction of bacteria to a reasonable minimum, the re- — duction of the total amount of bacteria to a reasonable — Q. To the degree of safety? A. Yes. Q. What factors contribute to the low astesiea content of aig p. per that you said you'examined? | ¢ paper board was made in such a way—as it is mails, the wood is cooked, and when the cooked wood or pulp comes out it is a hundred per cent sterile, bac- 921 teriologically speaking. Then it is dituted with water, and if the water is not pure, of course, the pulp will become contaminated by the dilution of the water. It will also become contaminated with bacteria from the equipment, if the equipment is not kept rather clean. n the pulp, after it is washed, goes in the bleaching ge ess, and there it is again sterilized a hundred per cent. o that it is perfectly sterilized. So when it comes from ‘the bleacher not a single bacteria is found in the mixture. Then the third step is when finally the pulp is diluted . : with water and passed over to be made into paper, the layer of pulp or paper then runs oyer anywhere from thirty | to one hundred and fifty steam rollers. These rollers are: heated under pressure by. steam, so that the pressure they _ use is about 250 ponnds—pardon me, about 15 ta20 pounds pressure, as used on some @f the rollers, and the tempera- ture is raised to about 250 Fahrenheit on the roller, and the papér runs over it, so that when the paper comes to the end and is taken off the roller the paper is sterile, from - this cae of definition. | | 4 ff ? eae > Testimony of Martin John Prucha. - 631 Do you know the methods employed to prevent 922 caghiitiontion of that paper. board after it leaves the rollers? - : A. We followed it. We visited the place as it came off. fy It is cut by machine in squares and the machine piles it on © something like this: ( demonstrating).. Then it is “wrapped in paper and finally bundles of about 3500 pounds are piled together in a bundle, and all wrapped in paper, and fast- 1 ened, and then in that condition, on rollers or ‘sort of skids, it is ‘put into a raal oad car and transported to the carton ider that a satisfactory procedure from a sanitary standpoint? — A. From what I saw was being done, yes. - ; Q. Did you have occasion to go to the abriatng mill | then? : A. I did. ; Q. And did you inspect that mill from a sanitary stand- point? A. I did. Q. In regard to contamination and the preventing. of contamination? A. In the carton factory, you meant: Q. Yes. A. We did not take any bacteria samples there, because - there is nothing to take: Q. What do you mean, there is nothing to take? a “A. The only thing we could have taken is to expose 923 plates to air or something like that. We examined the paper after it passed through the plant, but: we ex- ~ amined the question of the storage of these bundles. We * found that they were stored in air conditioned rooms, oe a proper temperature. They were inspected regularly, to prevent any entrance of any insects, and the general in- ecg as far as kwas concerned and could figure out, ey tried all they could and were willing to make any a reasonable to comply with any requirements to the product in a sanitary manner. / Q. Did you perform such tests on the board over a pe- riod, we will say, of twenty-four hours, to see whether the bacteria survived or not, on the paper board, as it came from that fabricating plant? eae made tests. We made | some studies on the—I call 9g eo fake, be 632 Transcript of sharia! Befove Master. it self-purifisation of paper. I don t know whether you have reference to that. , Q. The test you made in regard to how aot bacteria survived after a period of twenty-four hours. A. Yes. -We inoctlated—these samples— Q. No, just follow my question, Doctor. Wi you find, : in the sheaf of papers that you have before you, the results of the tests that you perfrmed with regard to the “924 survival of bacteria on the paper board? A. Yes. May I explain this table? Q. Wait, let us first get it marked. A. It is the determination of the number of hosteria _ after the container entered. the machine and it was formed _-and the bottom was sealed before paraffining. You run ahead of the question, Doctor, he Master: Off the record, please. : (Discussion off the record.) . Mr. Gariepy: (Addressing the reporter.) Will ° you mark this sheet for identification, please? (The sheet referred to, containing results of tests made by the witness, was thereupon marked for identification “Plaintiff’s Exhibit No. 46.) The Witness: I tried to determine: this point— i Ya Q. munerting to Exhibit 46? : . Yes. : Q.- For :Patificationt . : A. Yes. If paper becomes contaminated in any way ‘with bacteria, how Jong will the bacteria survive in living condition on the’ paper? Q. And when did you’ perform ‘that/ ‘test, Doctor, with. - regard to. the longevity of the bacteria, in the event _— 925 there is some contamination? A. This test was performed last Wednesday. Last Wednesday? . Yes. I had others, but this I did myself here. September 6, 19391 os ae ; Yes. : cs And where.did you perform it? 1 , At my laboratory in Urbana. | ‘And where did you get the product: or the board bad ¥, ich you performed this test? The board I got from the Cherry River Paper Mill. a did you - them to pick out any parienier 4 Ee. i? BOP ° % Testimony of Martin John Prucha. 633 A. No. , | Q. . Or.just send you samples of board, or what? A. Just send me samples of board. I didn’t tell what . it was. I told them it would be examined for bacteria, but the condition of the. paper had nothing to do with this - - ~ problem. ~Q. -What test did you appl and work out last week, last Wednesday, with regard to this matter of the longevity: of bacteria on this:‘board? - _ Ar I took pieces four and a half inches long. and two " inches wide, strips. I made a bacterial suspension, and I -. dropped the. pieces of paper in the suspension, and then’ I kept it at room tempefature and examined it every 926 so often. . And what- -did you ‘find after _ performing that test, say after the first six hours?. A. The bacteria died very rapidly on the paper. . . Q.. Tell the Master and counsel just exactly what you did find at that time that the bacteria died on the paper. A. I dropped the paper in— The Master: Q. Dropped it into what? A. Dropped it into the bacteria suspension: Q. What do you mean by that suspension? . —. i A. I grew bacteria. .I will show you a plate. I wil explain it. I grew bacteria something like this {exhibiting” plate to the Master). You see the red bacteria. There are millions and millions of bacteria in this red. Then I mixed it with water and a little milk, so they would not die, and then I dropped the paper in that suspension and the suspension had roughly, I think, six hundred million xd , teria per cubic centimeter. Mr. Gariepy: Q. In order to contaminate | ae eae in order to contaminate it heavily, the piece of a : 927 Q Then what did you do next? A. Then as soon as the water dripped off, I took it . ~ and disintegrated it inte pulp. The board? ee fae ) 4 It took about five minutes, yes, and I plated it im- médiately, to count the bacteria in it on the — and this is the first line. I made ten plates. Q: “Referring to exhibit namibor 461 Yes, sir. Q.. You made ten plates? ay // 2 634. Tranccript of Testimony Before Master. ~ | A. In each plate I put two cubic centimeters, I took the _ bacteria and 200 cubic centimeters of water, broke — it aa and — 200 cubic centimeters of water, to it; and I estimated the number of cdeates that . Sovcloped’ te then I made another strip of paper, prepared _ . in tn the same way, that I kept thirty: minutes ard again sub- ~ + jected it to the same treatment and I got this number of _ ¢olonies. 4 How many is that? . Four hundred and fifty. .Q. After sixty minutes, how many colonies did you ‘find. on the paper? | : | A.” After sixty minutes, I found from 3 to 20. =e ~Q. The longest is two hours? A. The longest.is two hdurs. Six of the ~shebin 928 did .not have any, and three :plates had one colony, | ’ - and one plate, two colonies: ee © 9. ~ the end of five hours? — ese 3 — lates each had one eolony and they had none, | the rest ¢ of At the ond of nine hours? A. I didn’t find any. . Q,. At the end of ewenhy-tone hours? ° A. None. ° ; 2 That means what? — Spa _ A. That means that after the paper is contaminated and is held at room temperature and dries, the bacteria is killed. The bacteria are killed by dryin ring. _ Q. The purpose of this test, Doctor, was to bring out whether bacteria would survive on‘this paper board after you had contanfinated it. with bacteria and taken tests of _ . the paper board after disintegrating it at the end of — “a nine hours and twenty-four hours? 5 le At the end of thirty minutes, five hours, nine hoiere’ twenty-four hours you found practically no bacteria surviving on the board, is that right? A t is correet. . In. other words, here is ‘the ; ___. point— . ) 929 The Master: Q. After the board is disinterrated, ‘ ’.. how could you find any bacteria on the board? . A. I smashed the board all to pieces, diffused it in water eS so that any bacteria living there will be — in the. on ~mixture.. . ; ‘Teelimong of Martin John Prucha. —— 635 ae Was the board in one piece while it was in suspen- sion : A. No. I had broken it up with the machine, com- pletely. p Q. . You just put little bits of it in this li uid? 3 A. I-just took the board, put it in the machine, agitating the machine, cutting-it in smaller pieces and let the ma- chine agitate until the paper, was reduced to pulp, then I took some of this water to plate it. : - Q. Some of what? : A. * Mixed the water, took some of this water to plate it, __to.see how many. bacteria I found in_that-mixture.— is a method of trying to determine how many bacteria og mained on a piece of board after they are reduced to pulp ' Q. Yeu took the board and cut it up into small its? A. I took a piece of board and dipped it into the bac- teria suspension for about ten seconds and when I. - 930 pulled it out, after‘ the last drop fell off I put’ it into - the machine and broke it up into pulp.’ I felt this is a -better method to count the number of bacteria on the board, te _ by. smashing it up completely. « ~Q. Then what did you do ‘with it? _A. Then I plated it. I determined the nuimber of bac- teria in this mixture: Mr. Gariepy: He took out: portions of this mixture after it had been .immersed in this contaminated liquid and plated it for the number of bacteria he would find, and counted ‘them. : The Master: Q. You took a segment of this board Yes. Now, what did you do.with the pieces of the board, . A. - Yes. ' @. And dipped it in this mixture, first? A.- Yes, sir.. - Q. Then you took out the:board? _ ei A. Took the same piece. Q... With the contamination on it? A: Yes. > And ground up the board? Q. - did you put it in the mixture or put it on plates? .A. The board was completely disintegrated. - eG 931 Q. What did you do wit those little _ after you ground up the board? A. a pup, itself? Q. Yes / 636 “Transcript of Testimony Before Master. a it is right in bere on theee flates. | 9 soe Ee Step Oe eet ? —— You contaminatéd the board by aa © it: into this mixture which had been contaminated? ‘A. Yes, sir. - . Q...Then you ground up the board after it had been removed f rom the contaminated mixture? A. - Yes, sir. Then you put that contaminated board on those little bits of pulp? A. After it was broken up. ~ Q. And put them on’ platest ‘A. Yes, measured quantities. | 7 Quantity of what? .. put 2 cubic centimeters of the. mixture— Mi Gariepy: Q. Doctor, I show you a series of six plates— . eee The Master-: Wait a minute, before you go anywhere. (Discussion off the record.) . ‘ The Witness: Do you see the pulp i in there? | eae 932 The Master: Q. Let me follow you. You seem to be going back and forth here. First you take a seg- —_ . this board four inches by some other dimension? es. 2. a dip that into a contaminated mixture? a - . Q. So how long did you. leave the board i in the contam- - inated mixture? A. About ten seconds. Q. You took out this piece of board with the contamina- . tion on it? A. Yes. : 2. vo ‘you put it through a grinder or seunathitig't A. . Yes Q. Something that tears up the board into small bits? A. -¥es, sir. Q. What do you do with the small bits? A. Then I take the whole mixture— Q. Ew be is no mixture? : A. ii is’ mixture of water and the. pulp, that i is what I mean. “Mr. Gariepy: Q- ~ These were actually. made by you? A. Yes. hoes | ° = have any srs” SA ry Testimony of. Martin John Prucha.. — 637 — - i results shown .on- these different “ re 933 - Yes, I just : icked them at random. | @ That is marked five hours? — AL sir. a a What does that show. concerning bacteria? ° r At the end of five hours the plates look like this. Q. Which is devoid of. any bacteria? - A.- Yes, except this—there was one colony:on one plate and ‘one colony on another plate. I took a plate that did —Explain to the master what this plate i is that I show we ‘now, and how many hours that was in? A. I think that was thirty minutes. This was one hour ‘and this was two hours. At the end of two hours, holding the inoculated piece of board in at room temperature, let- ‘ting it dry for thirty minutes, we got this (indicating) ; ; «934 one hour, we got this (indicating). The Master: Q. What do you get here? ‘All I see is something with red spots. Mr. Gariepy: Q. What do the red spote meant ' A. Each red spot, theoretically, is produced from one living bacteria, it grows. : The Master: Let’s see if I get/this traight, now. You “ Bo Pe aia did not put anything on on these — A. In this case I did, that one. © | Q. You did not do it in all cases tsianodiotely? ra | z | - But, at varying times! ; A. Yes. ie Q. You did that? A.. Yes. — Q. You waited some tinte between withdrawing the : __they have it several 4: fication? 640 Sinimnten of Testimony Before Master. Mr. Gariepy: Q. These plates representing the red marks.on these places, represent what? ~ fey A. The ae gaan bacteria. Each.mark | is theoretical. | te Q. Each red mark? A. Each of them is a bacteria colony, starting, theo- retically speaking, from one germ. ei may I add some- thing? - * Q Yes. A. This I know, one company that uses paper con- © tainers for food, the Pacers ten buy a supply so. that Gaye bef they can use it, because of this very thing—they foal when paper is—it purifies . itself, if it is contaminated anywhere along the” road with the bacteria that happened to drop on it, will die. ee: Master: Q... Your point is that the ee. 939 does not give nourishment to bacteria? - A. No. Drying kills bacteria. ee Mr. Gariepy : Q@ The “ay of the — is self puri-’ - -A. It has that teadeney. ; _ The Master: Q. «The results of your pumas show ‘what, now? ' A. The results. of my experiments show that in 30 minutes 96 per cent of the bacteria had died, Q. _ That is the one where the piece of paper was allowed to dry for thirty minutes before you disintegrated it? - A. Yes. Taken immediately, I figured there is no re- duction as to disease; and in thirty minutes over 96 per cent— - The Master: Wait a minute. After thirty minutes over - 96 percent of bacteria,. did what? 2 A.- Died. | : ; : Master: » But, you don’t say that. I cant guess at it. | . A. ' According to these counts, I did not find them. 2 bs minutes, then over 99 percent ane died? .. oh oS Q.\ And in two hours you found a little more had died? A. Yes, sir. 940 Q. And in 9 hours it was all gone? - ..: A. Yes,..sir. Q. You could not find any bacteria at all? A Correct. Testimony of Martin John ete: | on Q. oS test to see whether_they were the same _ bacteria agiwere in the contaminated mixture? — — ; The Master: Go ahead.. ; Mr. Schaefer: To maka it clear to me, Sean how long did you leave the nutrient broth in it? A. a long did I Iéave the agar in it? - Q A. Taree days a. Thee it wean"t jest. stnse?.: | Testimony of Martin John Prucha. | 643 . A. No. I was interested a little more’ than. mere con- _ trol, I was interested in actua wh agg! and the rinse test as applied, the standard meth¢ a short time. I incubated this a longer time. Then an- they incubate the plates other 50, it was suggested by some workers that; -— : 944 instead of rinsing it with 100. cubic centimeters, to. use only 20. oe _Mr. Tarn + Mice Q. Sterile water? A. 20 cubie centimeters of.sterile water, shake it and then take 10 cubic centimeters out and make three plates out of that 10 cubic.centimeters, reduce the rinse. 50 were examined that way. Then I applied the method that is . | recommended in the new standard ordinance for examin-~ ing bottles, and that is using only 10 cubic centimeters and rinsing it, and in some cases I made ptates, I used 5 cubic. - centimeters instead of 2 cubic centimeters, the standard method. I figured that brings out a little more the number of bacteria in there. Q. Does plaintiff’s exhibit 47 here show the result of your findings? ‘ A. Yes, they are grouped together. I have another table, if anybody wants it, where I separated the methods. _ Q. This was in March, 19391 A. I think so, somewhere in March. I don’t know what date. I would have to look up my notes. ~ - Q. The first column is the number of containers? .. Yes, sir. — A Q. . The second column is the number of bacteria found? A. Total number of bacteria found in the whole con-. tainer. 945 Q. Those are clear. I don ’t think it needs further elaboration. A. All right. Q. Have you had occasion -to perform bacterial tests with regard to washed and sterilized bottles in. the milk es —* in the City of Chicago? ; 644 - Transcript of Testimeny Before Master. A. Glass bottles. Mr. Schaefer: Q. That sheet, Doctor, represents the . results—plaintiff’s exhibit 47—represents the results of the rinse tests conducted by you? - fae - Mr. Gariepy: Q. Yes, 47. pee a A. Represents the po of the examination of the Pure-Pak Containers from Fieldcrest Dairies. Q. Is it a rinse test, or what test? A. It is a combination of the four tests, fifty exam- -“tned by each of the four tests I described. 946 The Master: Q. You only described two that I remember. One was rinse test and the other one was ‘by disintegration. |. A. In one case I used 100-c. C., in one case I used 20 -°¢. ¢ and in one case 10 c. ¢., reducing the amount. Here ~ the > ag Mr. Schaefer, Showing the. different tests rately. ° e Master: . Let’s not confuse things here. Introduce what you want and make g clear record. Mr. Gariepy: -I will have this: paper marked as plain- tiff’s exhibit 47-A. (Typewritten sheet referred to was thereupon marked by the Reporter ‘‘Plaintiff’s Exhibit No. 47-A: for iden- . tification.’’) . Plaintiff's exhibit 47-A is an exhibit showing what with regard to the _type of test, Doctor? A. 47-A is a rinse test with 100 cubic centimeters, 50 containers. | Q. The first column? . , A. . Each container was rinsed with 10 cubic centimeters and all recovered water ‘vas plated. © _ Q. What:does it next show? . A. The next 50 were rinsed with 10 cubic centimeters, and plated. act | Q. The next column? A. No rinse, and the nutrient gelatin was poured - 946a in directly. - =e Do. those correctly show the results. of these | three tests? ‘A. I think so.” They check pretty well. If I may cor- —" m testimeny, please. - . Yes. = = Testimony of. Martin John Prucha. — 645 A. In the third test we poured all instead of half of it We poured all 10 cubic centimeters. ; Q. wo all of the 10 cubic centimeters? A. Yes. } Q. You say ‘‘c. c.’’ That says ‘‘m. - Is spaedins same thing? A. “M. 1, yes. Q. Do you know the methods employed.at the. Field- _erest Dairy with regard to the use of machine, in order to prevent contamination after running and filling of nlk, Doctor? -. A. Yes.° 947 Q. What are those methods? A. The machine is, of course, operated under in- spection. It is washed and sterilized. sect How is it: washed and how is it sterilized? Tell the A. - When they get through the. bottling, they take the - e apart, principally the main point to take apart. is the filling compartment. - Q. Showing you planitiff’s exhibit 15-A, received in ‘evidence, show the.Master which parts are taken apart and sterilized and gga : A. All parts that milk: comes in eontact with are ‘washed. } ie Q. What is that? ‘Describe that. A. It is a reservoir about that big (indicating), it holds © about thirty or forty— The Master: Q. You are referring to the cylindrical object? — A. Milk is dropped and comes in contact ‘with the ogg here and i is dropped in this. eylinder here (indicat- - in "o “Here”? don’t mean anything. Sas ‘s) ‘This reservoir. ry It is the cylinder® right beneath the iastaill arrow from the left on plaintiff’s exhibit 15-A? 948 > Yes, sir. All ight. A. hen, over here the milk is measured ; thheesare two measuring compartments or devices which measures a pint _ Of milk and the bottle comes under here (indicating). ad No, don’t say the word ‘‘here.’”” The bottle comes er the cylinder? =S—«y os) | 646. Transoript of Testimony Before Master. A. Under the first one. Q. Comes under the cylinder? A. The bottle comes under the cylinder and a int of . amilk is dropped in it and then. is pushed about four or - five inches further and .another. measuring device drops — a pint of milk in it, making a full quart; then it goes from here (indicating), it is sealed, dated’ and goes out. | Q. At ~ +28 end of the machine? A. Yes, SR. Q.! On this exhibit? ES { | A. Yes. Now, in cleaning the cylinder or measuri . device, anything that is- removable is ‘taken apart a washed in the usual way. Q. What is the usual way? _A. The usual way is, first it is rinsed thoroughly with - water. 949 Q. What kind. of water? A. Regular drinkin water. Q. Then what next is done after that? ‘A.. Then it is taken apart and washed in a‘ soap or _alkali washing solution. ‘Then. it is ome again and * then— * 2. Rinsed with what? A. Water. . Q. Drinking water? : A. - Yes, with drinking water. Then it is s sterilized with ‘chlorine solution. ~~ Mr. Gariepy: Q. At. what temperature? A.’ Room temperature. We use warm water and, warm soapy solution to wash it. Q. Is that done after each running = operation of: the machine, they call it, each washing? — A. It is done at the end when + sage - through bottling of the ‘supply of milk, it is taken apart. and cleaned. . _ . The Master: Q. ‘According to the direction, is that ~~ more than once a day, or once a week? It is done at the end of each day or at ae end of . 3 ee Yes. Sometimes in some plants they bottle cream 950. The Master: That is all right. ‘Mr. mora Q. What do they do besides remov-. ing these remova le parts and washing a What other | ‘Testimony of Martin John Prucha. 647 _ things do they do with the machine to prevent contamina- ; MA. They open up the cooling anit, the id opens wp, andit is “rinsed. Q. "With what? A. With drinking water, all through, it is rinsed up to this _ (indicating). The Master: Q. ‘What point is that? Mention it. Mr. Gariepy: Q. Describe what that point is? A. Up to the araffining compartment. The - Master: cs That is the portion of the matene at ae. hand end? - Right near this clock or deyice? . Yes, sir. Or this tower on this machine?» Yes, it is the cooling unit. All right. - We rinse it with running water. What are we rinsing now, the cooling want Yes, ey here. — All ri : And the ail does not come in here, they rinse it ‘and me Trans it is rinsed and cleaned they take a bucket 951 of chlorine solution and apply it all over the surface and sterilize it. — »_Q. Why do they have to sterilize the cooling unit? What is that for? ts A, And when did you perform those teste? One of the exhibits gives it. Testimony of Martin John Prucha. 649. = Q. Do you know the date? A. Over a period of almost two years, now and . then. The Master: Q. What year? ; A. The last two years. Q. 1938 and 19391 A.: Yes, sir, two and a half years. . Mr. Gariepy: I wiil ask that this paper be marked as | Pivtype ’s exhibit 49 for identification. - -(Typewritten sheet referred to was thereupon marked by the Reporter ‘‘Plaintiff’s Exhibit - 49 for identifica- tion. 9) 954 Q. Referring to .this document marked plaintiff's - exhibit 49 for identification, is this table the result an these tests you have performed? | A. Yes, sir. - I show you plamtiff ’s exhibit 49 for identification. © Does that show the result of these tests, Doctor? A. That is these two tables, yes. Q. On that sheet? A. Yes. Mr. Schaefer: Q ‘his all of the tests:over the last ‘two and a half years there? This was done during the. year 1937. Exhibit number 491 ; Mostly. —~ Are the result of the 1937 tests? Yes, sir. What do those tests. show? he Master: Q. Where were these cobnilnntedt A. At our place at the University, when we had the machine there. . Mr. Gariepy: Q. That i is the same machine that Field- crest Dairies are using at Chemung, Illinois? A. Yes, sir, the same machine. . The Master: . Q. Where did you get these con- tainers?. . fear: 7) We paraffined them ourselves, I picked them myse Aico QQ. Why does this say‘ bacterial * * * contents of 132 - Pure-Pak ned containers from eleven different milk plants?”’ What do you mean by that? - A. I mean the first table sien: that is. paraffin is not on them, that is containers — — they are par- PHepepers | 650 - Transcript of Testimony Before Master. affined are went! in from eleven‘ different milk Plants alll over the country. . And ° you paraffined those yourself? ao ~~ Yes, sir. ; And did the experiments on your own ‘machine? Yes, sir, and these were the containers. ‘‘These’’ don’t inean anything.’ -Tabie 9: Containers at the bottom half of this exhibit, table 9, what are those? / A. Those were the containers we were using at the time, without milk; these we were using on this machine to bottle our own milk, the University milk, and in connec- tion with it I took: samples of the empty containers every day, here to there. | x - The Master: All right; go ahead. Mr. Gariepy: Q. You plated these tests and these re- sults shown on the atk, Plaintiff’s Exhibit 49 at the 956 top. and the bottom, representing what - "you ascer- | tained? | A. Yes, I did the work myself. . . Did you make a study of the bacteriological condi- tion of the paraffin bath i in this Pure-Pak machine. - A. Yes, sir. _ Q. Where was the machine when. you made that study: and from what paraffin was it, at the Chemung Plant or at the University of Illinois? A. That was et the Chemung Plant. Q. When did you make that study? A. This spring, in 1939—I forget "the date. | Mr. Gariepy: I will ask that these two sheets be. marked Plaintiff’s Exhibit 50 for identification. (Two typewritten ‘sheets referred to were thereupon period the Reporter ‘‘Plaintiff’s Exhibit 50 for identifi- cation.’ Q. I show you Plaintiff’s Exhibit 50 for identification. Have you seen that before? A. Yes, that is my table. Q. All right, y toy this table represent your study of the bacteriological condition of the paraffin bath with the Pure- Pak Machine?. - +A. I took the samples myself. | § At the University of Illinois? 957 Q. Wasn’t that in March of 1939, about the 24th? eae sect sir, * ‘Rererens, O Testimony of Martin John Pruche, «61 0 3 niin ) Q. About the 24th? A. Yes, sir. ; Q. What does this show with regard to the ne _ ical condition of: the paraffin bath? A. It shows the paraffin was sterile, I couldn’t find any - bacteria in the paraffin bath. . Was that taken under usual working conditions of the plant? / , #&. Yes,’ this was taken darter the operation of the machine while the milk was.being bottled and the. time all ‘samples were taken right here (indicating). Q. Shown i in table number 1? A. Yes, sir. Q. .Your remarks as result of each sample is shown o on the right hand side, under ‘‘Remarks’’ at the start for whipping cream, and so on, down to the end—bottle finished? . : A. Yes. ; Q. prota ou mile a study of the hesteciochdial prop- erty of par ing A. I have. Q. When did you do that? A. I have been carrying, on a study for two and a 958 half years on that subject. Was that at the University of Illinois, too? A. At the University of Illinois. - . Q. When did you last perform any tests to ascertain bacteriacidal property of paraffining? A. During the last month. 7 Mr. Gasien py: I will ask that this paper ‘i marked Plaintiff’s Exhibit 51 for identification.. (Typewritten sheet referred to was thereepon marked by = ele “‘Plaintiff’s Exhibit No. 51 for identifica- ion | ~ Q. I show you Plaintiff’s Exhibit 51. Does that rep- resent the result of your study and experiments and ‘re- — Bo the bacteriacidal ‘property of paraffining? . Yes. Q. Did you tell in the record when it was done?- - A. It was done the last two weeks of last month, Au- gust, 1939. Q: Explain to the Master what Plainti Dxhibit 51 shows, concerning that bacteriacidal effect? A, The peste was sera experiment in which 652. Transcript of Testimony Before Master. strips of paper board were inoculated again by being dipped in bacteria suspension; then they were paraffined ! in the laboratory and then after paraffining they were 959 again disintegrated in the same way and the number of bacteria was determined that remained on the paper under: the. paraffin and im the body of the paper, on the whole strip of paper. Q. How did you ascertain the number of bacteria! What did you do? A. We took a strip and disintegrated it, reducing it to pulp, in water and then we plated the plaque from the pulp and water, making tén plates from that. strip of paper, using two cubic centimeters of the mixture in each “i _ that is of tae pulp and water,,. disintegrated pulp; the p was taken up in the pulp in 200 cubic, centimeters of oe 3 Key numbers under plaques, ~ have ‘‘W-N-P.”’ .° 2e8, Q. . What do you mean? A. ‘*W”’’ means that the plaque was paraffined while -, wet. Mee ee number 2° * * in the left hand columsit - A. ‘‘W’’ means the plaques were wet when they were disintegrated or paraffined, and ‘‘N’’ means when the plaque was not paraffined, and rej means plaque ‘par- affined. Q. You followed this abbreviation of _ numbers you » havé here? a 960 Have you performed. tests with regard to the pouring lip, Doctor? = Yes, sir. . _Q. From which you have drawn and adopted this con- clusion? A. Yes,sir. .° Q. -How long have you performed tests to determine the sanitary aspects of the pouring lip? A. We performed a number of these tests. The last one we performed this spring. . er 1939 - daaing Yes, in the spring of 1939. . Was that at the University? A. At the University. -On the Pure-Pak Container, the same coritainer that the Master has in his hand here now? A. Yes, sir. These containers were filled with: milk, sealed. and sent to us. When they arrived, we then per- formed the. — to determine the Se of the “ me ) an sent them to yout “3 z Fieldcrest Dairies, ‘at our request. The Master: Q. What is this blue that is right inside “s this, — lip and on the angles on the inside of that? is a sample, to show an answer to problem ante two that Pr. Arnold: suggested to carry out, and this is what ha ns when the container is treated with To determine to t extent penetration of the ie go into the body of the paper, or, I suppose, the‘thor- pa "a of paraffining. . Did you perform the same tests with this blue and . dye with regard to ice-cream containers and paper | = Waet oe Sa ve ose of that? will 4 Mr: Gariepy: Q. I show you here a small one-quarter pint University of Illinois Department of Dairy Hus- a a | Testimony of Martin John Prucha. 663, bandry Container. Do you use that to sell ice-cream 980 in? “. ? A. Yes, sir. . ease -Q. Did you apply the same ‘tests on this small container that you did on the large rt Dean’ s Milk Pure-Pak Container? A. Yes, sir. Q. “What does it sie with sled i t6 the application of | the blue on the inside? . A. The treatment of paraffining, if any was very scant. other words, the whole surface absorbed the methlyn ue. . The Master: Q. .O7 the ice-cream container? A. Of the ice-cream container. Mr. Gariepy: Q. What about these. caps I show you, were they submitted to the same tests with regard to this blue that you tried on the Pure-Pak Container? _ > Pore 666 Tramscript of: Testimony Before Master. A: Yes. - Were these on ‘pistalieais sent to you * Fieldcrest Dalries, or those that you used in your dairy down there, Doctor? ~ _ A. My. recollection is that they were sent: to us. ee — to you by Fieldcrest Dairies? es = What tests did you perform to ascertain the sanitary -aspects of and sanitary qualities of the ‘Pouring lip of the Pure-Pak Container? A. = this experiment we took—may I correct it, please? : Q. Yes. A. In this particular table, it was on containers in our study at the University. ~« Q. All right. 3 986 A. . After they were sealed i in iad bottled and séaled 9, mS the machine. ' a . A. But not paraffined. Ne vat _ Q. What did you do? A. We cut out the area (indicating). aes Indicating all aronnd the pouring ‘lip, on the out- _ side - A. .The pouring lip, and again disintegrated the paper into oy and plated the pulp. ou cut this portion. out and disintegrated this por-— ioe did you, Doctor? A. Yes, sir.” . Q. Put it into the disintegrater with sterile water? A. Yes, sir. Q: Then what dia you do, when you took the count? A» The count was per gram of the paper, including the pouring lip; it varied; the highest count was 33 per gram of the paper. If I may add, the meaning of it was that it was not any higher than any other part of the container. Q.. Is that, in your opinion, a chausnsay: condition of the pourin py ‘ A. Q. " Destes, did you perform some other or addi- 987 tional tests with regard to the pouring lip on the Pure- Pak Container by applying an atomhizer? =“ A. Yes, sir. _ °-Q. When did you do that? _A. That was done in Abril or are 1939. Q. Where was it done? — # & | ae Testimony of Martin John Prucha. 667 '- A, It was done at the University. “Q. Who did it? ; } A. I did. Baan esting, Q. Where did you get the containers that you performed this teston? ~ §- : -; A. The containers were paraffined and filled with milk and were sent down from the Dean Milk Company. . Q. What did you do when you got those containers, filled with milk? 7 roe A. It was these containers that we sprayed with the bacteria, we inoculated, infected this part by spraying | with the atomizer. . The Master: What do you mean by ‘‘this part’? - Mr. Gariepy: Q. Indicating the gable part, or around the pouring lip? x. : A. ‘The side where it has a pouring lip was sprayed - with heavy bacterial suspension by means of an atomizer, _ depositing bacteria of a known on it. - . Then what did you do after you sprayed it? 988° A. «Then they were opened and milk poured and the ‘milk was examined for the presence of any bacteria _ that we put on the outside. . Q. What did you find? es | A. ‘We examined in one sy 20 containers: Mr. Gariepy: I will have this sheet marked as plaintiff’s exhibit 57 for identification. « . . (Typewritten sheet referred to was thereupon marked pd mn Reporter ‘‘Plaintiff’s Exhibit-No. 57 for identifica- on. 3 Q. You are. now referring to plaintiff’s exhibit number ' 87 for identification? : eee , A. Yes, making four plates, from the pouring of milk, © inaking alfogether 80 plates, and they were all free from bacteria except one. One’plate had one of the bacteria present. . ee 7 : Q. Would you say that shows a sanitary or an unsani- tary condition of the pouring lip? — el A. That shows a sanitary condition of the pouring lip. Q. Doctor, did you inocul::te the containers further by the operator dipping his hands in the suspension, rubbing ‘ __ the surfaces inside of the containers, to ascertain whether they would take the bacteria and the bacteria would sur- vive, or not? . Coke esi? | A. Yes, sir. | Ne : t Ke 668 _ Transcript of Testimony Before Master. 989 Q. When did you perform such a test that you have described by the operator dipping his hands. in the suspension, rubbing.the surfaces inside of the containers? A. This-was done in the spring of 1937. Q: Where was it done, Doctor? A.* At the University of Illinois, while we had the ma-. chine there. | What was the bacteria in which the operator had his hands submerged and contaminated? Sake A. It was the bacillus prodigeosis. *Q. How much of that did you have in the bucket you put your hands in? A. It varied from several billion, invariably it would be two or three million bacteria per millimeter of the sus- - pension. . Q. . What did you do when your hands were put in there: and contaminated. with the tpoterea, what did you do next, Doctor? A. Next.the containers were passed through the ma- . chine to be treated, paraffined and sealed. Q. Your hands were put into i Bsa rence n contain- ers, or blanks?» A. Y¥es, sir. Q. ‘Then they were put i in the machine and hata d were run through paraffin, in the bath? A. Yes, sir. 9 And down through the cooling — and filled? A. Yes,-sir. Q. Then you took the count on them? A. _ Yes, sir. > Q. What did the count show? A. The count showed that if you inoculate | these con- tainers, the surface of these containers, with heavy bac- terial suspension, if you inoculate the containers by dipping . your hand in a bacterial suspension containing’ te A dred million bactefi and then inoculate the containers by rubbing the hands on the inside and then parafiining the containers in the usual way, and seal it, then take it in the - laboratory and examine it for the presencé of surviving bacteria, we found— Mr. Gariepy: I will have this sheet marked as plain- tiff’s exhibit 58 for identification. (Typewritten sheet referred to was Ganigien marked LT Testimony of Martin John Prucha. . 669 : by the Reporter ‘‘Plaintiff’s Exhibit No. 58 for identifica- tion.’’ coe: os Q. ae are reading now from plaintiff’s exhibit-num- ber 58, which are your figures and the result of this test? A. Yes, sir. a 7 Q. All right, what did you find? 991 A. In one test wetreated 300 containers. 100 were paraffined at 160 degrees F. 91 were negative and 9 - showed the presence of the bacteria. 100 containers were . paraffined at 170. : oe, Q. Paraffined at 170 a. os . A. ar paraffined at 170 degrees F. . | ee ee Ray ; Pees : . 99 showed the absence of bacteria, and one showed - “ the presence of one or more bacteria. Those paraffined at 180 degrees F., 98 were®free from bacteria and two showed the presence of on: or more colonies, Shall I read this? Q. The right hand column shows the number of what? ™ A. Bacteria in suspension. . ey Q. 250 million? idee ' A. Yes, sir, 250 million per ml. e last of this type of experiments, number five, we inoculated and treated 600 of these containers. 200 of them were -paraffined at 180° ro ge F; 200 of them were paraffined at 185 degrees‘ F; . of them were paraffined at 190 degrees F. Suspension — 200 million bacteria per m.J. Of all those, the 600 contain- _ ers were free from bacteria, as determined by our method. i baie does that — with — ee effect of ing process on, the paper board in the paraffin - 992 baths a8 oe _ . +A. It means this, that when you inoculate the con- tainers very heavily with millions of bacteria and pass them _ through immediately some of the bacteria may survive. g Q. Did _ also inoculate the same container with your hands on outside? - Rae A. Yes. = 45 mies _* me And what did the result of that test show, after you inoculated the container that way? v _ A. We tried to reproduce the normal handling of the ° containers as they are handled under ordinary conditions, 1n actual operations,so that the operator infected his hands by dipping his hands in bacterial suspension. Q. Go ahead, Doctor. . rr A. And when all of the loose water dripped off of them, ® G _ dicati 670 Transcript of Testimony Before Master. we took a bundle of them from the carton in which ie were shipped to the milk plant and straightened them and _: put them on the rack, on the machine, and from that point on the machine handled them. ‘Q.. Then, when they got through the machine, what did you ‘do with them? A. They ‘were not filled with milk. They were . 993 sealed, paraffined, went through the machine and we took them into the laboratory and examined them. Q. What did you find? - “fi A. We found this situation: 300 containers inoculated this way, bacteria suspension 100 million, paraffined at 170 degrees F., 180 degrees F. and 190 degrees F., 100 That i is 100 each paraffined at 170, 180 and 190 grees F , respectively? A. Yes. Proceed. | A. ‘We did not find a single container containin the in- oculating bacteria. Another test, we again ran. con- -tainers, paraffined at 170 degrees F., 180 degrees F. and 190 degrees F’., 100 each, and again we found no bacteria in the containers. The last test, we inoculated 600. containers the same way, 200 we paraffined at 170 degrees F., 200 were paraffined at 180 degrees F., and 200 were paraffined at 190 degrees F. Q. t did that show? A. Paraffined at 170 degrees F., 200 containers were free from bacteria. 200 of the containers paraffined at 180 degrees F. were free from bacteria and 199 of the .con- | tainers paraffined at 190 degrees F. were free from | 994 bacteria. On one of the containers paraffined at 190 de F. there was one colony of the red organism. The Master: O. That is in ae case where the bacteria was put on the outside? A. Yes, and they touched the rim or did more, it is in ‘2. ole Gariepy: Q. That is the inside flaps. of the ‘bottle, before they are filled and sealed? 3 A. Yes, ‘ ; Q. Outside or inside, Doctor! A. Here is the way they take them, he touches it (in- ‘The Master: Q. The experiments » were conducted before | the containers were y put up in the form that they are in when they contain milk? ° = Testimony of Martin John Prucha. 671 A. Yes. Q. . They were just flat? A. He takes them, and in a regular sauiienint he> straightens them out and puts them up in the rack. ‘Mr. Gariepy: Q. He straightens the edges up so > they will go into the machine evenly? A. Yes. 995 Q. On the rack? | A. Yes. We just asked him to do it as he dane it in ~ an the machine. Q. is t is the regular fanction? - A. Yes. The Master: Do you want to stop here? - ‘Mr. Gariepy: Yes. . | . The Masters Have you finished? ~ ~ Mr. Gariepy.: I think so. The Master: We will adjourn until 2:00 0 ‘clock. (Thereupon, recess was taken until 2:00 o ’clock, Pp. m. s on the same va September 12, 1939. D.. 996 wi (Caption) ~e ‘Tuesday, Geptinber 12, 1939, s 2 o’clock p. m..,, - Met,. pursuant to recess. Present: Mr. Gariepy, Mr. Rall, Mr. ‘Schaefer, Mr. Horan. 997 Gariepy: If the Master please, Mr. Woodman . n preessea for time to make some inspections since te was called away on that funeral. He is here and we can only call him this afternoon. I have. asked Mr. ’ Schaefer's permission to proceed with him now and — Dr. Prucha’s examination. The Master: How long will he be? _ Mr. Gariepy: I won’t be very long wae him. I have just a few questions with him. The Master: It is satisfactory to you, Mr. Schaefer, to have Mr. W n testify now? Mr, Schaefer: Yes, that is satisfactory. The Master: Allright. ~« — CEL, AEP RY ETT RATE ne a 672 Besant: of ew -_ Master. 9, M, J.. WOODMAN called as a witness on behalf of the plaintiff, being first duly sworn, testified as follows: Direct’ Examination by Mr. Gariepy. What is your name? ie . M. J. Woodman. 3 cae ke * What is your address? foe te Io 1123 Noyes Street, Evanston, Illinois. What is your business or occupation? : I am with the health department there, food and - dairy. 998 . Q. What de epartment 0 of’ the health. ‘department! ‘A. Food and dairy Q. How long have you been i in that department? 9 Twenty-four years. ~ How long have = been connected with the milk “er %: About 60 years.> _ How old are you? — | + I was Born on a dairy farm. We neds milk and dipped it to Chicago years ago. That is what I meant ‘when I said I was in the milk business so long. Then I perers Pe. came ‘to Chicago or to Evanston and bought eut a milk # ; * route and retai ed milk in those days,’until I went into the health department. That is how I happen to figure up the number of years I gave you. Q. _ What, are yout duties in the health department! ; A. *In charge ut food and dairies and the milk supply - of Evanston. \ : You use the Pure-Pak container that the Fieldcrest ss sells milk\in up there? — -We-have those delivered up .there, yes, sir. 0. How long have they been used in Evanston? A. Since the first of January. Q. .This year? | A. Yes. n Wh#t research work or check-up do you do on those containers to ascertain their sanitary qualities and 999 sterility. qualities? A. We test the milk as ‘delivered to the consumer weekly. We also make a test of the sanitary condition of -the container as it is ready to deliver milk in, They wend cases to us, that is, of the pemeers. ©: | Testimony of M. J. Woodman. 673 Q And how often are they sent to you by the Field- crest Dairies, to check.up on the board? ' A. We started checking the first of June and they have - been delivered there practically every week. Q. And’ are these checks the rinse tests? - A. The rinse tests, yes, sir. Q. How often do you perform the tests on the milk te that comes in the containers? A. Weekly. Q. Have you the results of those ilies and those | tests on the milk and on the board with you? . A. I have the check-up on the beard’ I did not bring my check-up on the milk supply. I didn’t know you wanted that. But I have that in my head. I can give you: that. Q. Are these tests on the board, as the samples are de- livered to you every two weeks by the Fieldcrest Dairies, conducted in your own laboratory? A. They are, in the Evanston laboratory. Q. And under your supervision and control? . 1900 0 organized those meetings A. They were the International Association of Dairy- men—lI forget the name of our association. It is the In- ternational: Association of Milkmen—of Milk Dealers— _ not dealers, but health men. * , The Master: Buf what? -. The Witness: An. international association. The Master: What is that last word? The Witness: Health men. I ought to be able to recall that name. Mr. Gariepy: Take your time and see. if ge can’t re- © member what it is. ; Mr. Schaefer: Q. Milk Sanitarians? A. Milk Sanitarians, now you have it. You helped me out. Thank you. “ Q. Are you a doctor? A. No, sir. Q. Yon testified that seven per cent of the abies from ‘the Fieldcrest Dairies, which you examined during the pe- riod since June 1, 1939, were above the permissible range, by a rinse test? 1007 =A. =Yes, sir. Q. What did y do about those samples? ‘A. Nothing: Q.. a you propose to do anything about them? Oo. I see. : ; I want to make a remark. No more than— No, don’t make any remarks. I will ask you the questions, Mr. Woodman. A. Yes, sir. Q. Now, you are enforcing in Evanston the United States Public Health Service ordinance? .” ‘A. Yes, sir. Q. What does that ‘contemplaté;’+ with respect to the ae a and processing of milk? I didn’t get that exactly: Do you/nspect farms? hae wet you in cows? © | We . eee POPo> Testimony of M. J. Woodman. we 678 » Transcript of Testimony Before Master. , . Do you pay any attention to what the cows “eat? A. Surely. Q. And what do you look for on the farm? _ A. Sanitary conditions in the barns and stables and see whether they come up to those requirements, and the gut- ters, whitewashing, the condition of the cows, where. the milk is kept, cooling water, temperature, cleanliness 1008 of the cans, pails and utensils, whether the milk stools are clean and hung up, all of those octal, under the United States Code. | Q. Water supply? A: Water supply. The wells bate to be properly. — just according to the United States Public Health ‘ e Q. With respect. to the: pasteurization plants, what do you inspect concerning them? A. The way the milk comes in and is handled there, the receiving vats, the weighing vats, the equipment, the pas- teurizing time, the temperature, to see that it is all kept up to requirements; the bottles, the way they are washed there and also the sanitary condition of’ the washed bot- tlés. When we take a test, we test also the farmers’ milk as it comes to those plants. Do you make a bacteria test of- the: farmers’ miik? . We make a bacteria test of the farmers’ milk and bas Bsc take the empty botfle ready to be capped and 9 How do yon get those bottles? | . We take the empty bottles just as they go in the eapper, and in place of having them filled with milk. we , take them empty ard fest them by the rinse method. °1009 Q. By ‘‘we’’ you mean yourself and those under — your diréction? ~ A. Yes. I get the samples and they are taken to the laboratory.’ We have a laboratory force there that does the practical work. In the event you find a dairy which is bottling milk in glass bottles running a count above the permissible limit, what do you do? A. If they are just one or two bottles and they run in’ the low thousands or eleven hundred or thirteen hundred, an occasional one, I would not do anything at all, If I find them runnning up to twelve hundred or eleven hundred right along consistently, then of course I would take’ egme action. i Testimony of M. J. Woodman. 679 -Q. What would you do? : c ¥ A. - I would tell them there was something wrong — their washing equipment there, their sterilization, that th did not ‘use the proper sterilization, and the ZA did not od them thoroughly or did not sterilize them thoroughly. Q. Would you go out or send someone out to look at the plant? . zo A. We do. Q. You consistently do that? A.. We certainly do, if there is asian wrong like that, but with one or two samples or three or four ‘ 1010 occasionally, we gon ’t pay any attention to that. . be Q. _ What sort of a percentage are you satisfied wi ' A. It is just an occasional one. If you look those. records over you will see there are hardly any high counts — i. all. If I find bottles as good as that, I would be satis- Saye Mr. Gariepy: Q: When you say bottles, you mean glass bottles? A. Glass bottles. ‘Mr. Schaefer: Q. What percentage of compliance will satisfy you? You say 93 per cent. All right. What per- centage. would you consider not satisfactory? | A. If I found ten or fifteen per cent running over and then running over consistently. If I am testing milk her: today from any good dairy and find a high test, { don’t pay — ntion to it this week, but if I find it running high ~~ ext k and the next week, then of course I take ac- , — ut just on. one high sample alone we’ don ’t take mn - The Master: Q. It is more than one’ high sample; i is a‘number of samples. A. If there is a number of samples running high, then I would take action. I have one today that I have got to see tomorrow, because it is running high for, say 1011 three weeks’ “a9 That is what I mean. Mr. Schaefer: When did you permit the use of the paper containers A. I think it was the first of January. I 4m not cer- tain whether that was December or the first of January. _.. I think it was in December. I am not certain whether it - 7 oo of December last year or thé first of January. 680 Transcript of Testimony Before Master. A. 1938, in December. I didn’t look that up. But. it was one of those two months. | 3 It might have been December, 1938, or January, 1939? A. Yes, it was one of those two months. . What tests did you make between January, 1939, June, 1939? ae About four hundred, three to four hundred Lecwasei Q. Where did you get "those? * ; A. We got those from the Borden and Bow man Dairy _ Company. Q. And you used— ‘A. We used the same method. Q. The Borden Company and the Bowman Dairy Com- pany ? yo ee sel” : Q. And you used rif se tests there as well? | , A. Just the same. We got a carton like these every other week from the two companies, one every week 1012 from each of the companies. Q. Where:is the paper made? : A. I believe their package is made by the American Can Company. I am not going to swear to ‘that. It is just my © impression that it is made by the Ameyican Can Company. Q. Do you know where the. paper is produced? Pe A. I do not. ‘I. believe New York, but I would not say that. Q. It might be Canada? A. It might be. Q. That is true of all of the paper ey in the distribu- tion of milk i in the city of Evanston? A. That is, all. We have not gone into where it was made, no, sir. Q. Do you consider the source of the paper important in gad the sanitary quality of the paper? . Yes Q. Why haven’t you asia any effort to ascertain the _ source of the paper? _ A. Because we find by test that the milk—the empty container has no bacteria, itis facteria free. If it has two - or three hundred bacteria, I: don ’t.see how it makes any particular difference in that. _ Ye say eas the containers free of bacteria! eo. - - oR Testimony of M.J. Woodman, = 681. 1013 Q. Asa matter of fact, you find by.your regular _ tests made since June 1st, that seven per cent of them ‘are over dhe thousand per container? | ye? (oe . Q Bya rinse test? A. Yes. Q. Now, that is not free of bacteria, i is itt _ Mr. Gariepy: I object to that. That is arguing with thé” ‘witness, Master. « The Master: Oeacealed:: The Witness: A. It is the same way with the empty, : bottle, your Honor. : Mr. Gariepy: Q. Glas or paper bottle? } A. Glass bottle. . Mr. Schaefer: Just a minute. You will have your op- portunity, Mr. Gariepy. . . Mr. Gariepy: I know, but he says “bottle. ”? TI want to know what he means. The Witness: A. There is no ‘such thing as a sanitary | container in any class. I have been through too many of those. Mr. Schaefer: Q. Now, Mr. Woodman, where are these paper containers that are used in Evanston converted? Are you familiar with that term, ‘‘converted’’? A. Conversion.’ You mean made or fabricated and formed? 1014 Q. I mean made, as distinguished from fabricated and formed? A. I don’t know. I know where they are formed. Q. Where is that? A. The Dean Company, I believe, form theirs at a plant at Chemung, Illinois. . Do you know where they are printed? I do not. Do you know where they are cut and shaped? - Do I know what? Do you know where the shape of the paper blank is from the roll of paper? No, I da not.° ‘You have never made any effort to ascertain that? ° No. We had not even considered it necessary. Do you consider the conditions of that plant may affect the sanitary quality of the finished container? A: It perhaps could. mc Paro! iotat , 682 Transcript of Testimony Before Master. Q. In what way would they? A. If the board was very inferior and in poor condition, it probably would. If it was fabricated and handled in an unsanitary manner, it probably would. With the paraffin- ing even a poor board, when we find the bacteria as low as it is, we consider it perfectly proper to be-used.. . Do you know what material ga paper board is 1015 made out of? : A. Wood pulp, as I understand it. I don’t know _ whether there is anything else. setae ~ Q. You don’t know anything beyond that? A. I have read how they are made and how the wood is ground up and made up into pulp and how it is pressed out. I have read all that. I would not say ey are all made that way, but I suppose they are. Have you ever made successive rinse tests on a s paper container? ; A. Have we made what? Q. Successive rinse tests on a paper container. A. No. Just simply rinse tests on the hundred ce. Q. Rinse tests on a glass bottle would remove all of the bacteria on the bdttle, wouldn’t they? : _ A. I would not think it would. Q. What? | : ‘: A. Certainly not. Q. You would say it would not? tee We A. Certainly not.. In other words, you rinsé this glass bottle out with sterile water and then rinse it out with anothér rinsing, and you might find a bacteria in there or ee: two. or three, wouldn’t you? I beg your pardon. I didn’t mean to ask questions. ‘ Q. Have you ever tried it? A. Yes, I have. 1016 -Q. What did you find? ' A. I found some bacteria left on the second and third rinsings. ~ Yea you ever try it with the paper container? es. *. What did you find? A. The same thing. - Bs Did you ever conduct any disintegration tests! _Q. ea Oo No, sir. Has anyone connected with the Evanston Board of He Ith ever performed mt disintegration tests? Testimony of M.J. Woodman. °. 683 a No. . Who made the decision in n the city of Evanston as to - whether or not milk might be distributed in paper con- tainers? - A. They left that up to me, the health board, Dr. ‘Tucker, up to my recommendation. = And you made the investigation that you have: de-. : eoribodt eter ON idn’t get tha . MPGsriepy. Q Did you make the investigation that you have described? A. I did. ; Mr. Schaefer: .Q. And that is the only investigation you have made? A. Three years I have been investigating it. Down in | Louisville. 1017. Mr. Schaefer: Q. You described the investigation that you performed? ; A. I did, after m lage es orgy and all the knowledge I eal ba eae could get. From ‘Dr. Prucha’s examination and speech ~ down there on the cane container and tiie pulp it was made - of and the sanitary condition of the pulp, we considered it, , was proper to allow them. Q. How are your tests running on the other paper con- tainers? The Master: Q. The question is, how are your tests running on the other paper containers? A. I hear him. | Are they running any different from the ones you testified about, or are they about the same? ~~ A. No, just about the same. You ¢an see them there. The Master: That is all. Mr. Gariepy: That is enough. Just about the same. That ‘answers it. The Master: Mr. Schaefer, are. you satisfied with that answer, about the same, or do you want to go into detail? Mr. Schaefer: No, I am satisfied with that. The Master: Allright. — Mr. Schaefer: Q. Has the city of Ivanstos Adopted any regulations with respect. to the manufacturing and 1018 handling of paper containers? - A. We have not. Evanston expects to remodel their code before the first of the year, along the lines of the United. States Public Health Code, which made some * a 684 «= Transcript of Testimony Before Master. . changes. We expect to remodel all of our Evanston code to correspond with that. We may make some changes in our entire code. _Q. That is, you have at the presént time no regulations whatsoever pertaining to the manufacture and handling of paper containers? — i A. We have not now, no. Q. In the event that you found that the manufacture and handling ‘of paper containers was unsatisfactory, what would you do? — = A. e would have to take means to control it, of cours¢. - Q. Without regulations? . A. We have the-right at any time to—anything that is not satisfactory or sanitary, that we believe might be detrimental to health, the health department, you know, can control the output at any time. Q. Do you know whether or not the water at the paper mill where.this paper board is manufactured is chlorinated? _A. I will have to tell you that I know nothing at eg 1019 all personally about any of that at the plant. : | Q. You don’t know whether there is sewage in the watér supply or not? . Nothing at all. ‘ Q. What kinds of bacteria were dees that you discoy- ered by. the rinse tests? A. We made no differentiation of any of them at all. Just simply a bacterial spore. . The individual bacteria is not tested for, unless we have some reason for it- - Q. Do you know whether or not the quality of paper is uniform, from a sanitary point of view? - > I do not. x Your own tests would shov; you that? eat *) ‘No, we don’t test the quality of the paper at all. = would show you whether or not it was uniform? >». 0. Would not the results of the tests to which you have testified show you whether or-not the qeanty of the paper was uniform? A. -I don’t see why. : Q. If it was of oo quality, ‘aie ’t you have the same bacteria! _count throughout all of these contain- gerets ers? 1020 A. Not necessarily. Q. —_ er et — Testimony of M. J. Weoumen. nts 685 A. “The handling of it, the way they were out “P down oe there, might affect it. Down where? Where they were fabricated. Where? . Where they were fabricated. . You mean at Chemung? The place where these are put up. . - You mean at Chemung,,. Illinois? ‘4 1 beg your pardon? The Master: He can’t hear you. _ Mr. Schaefer: Q. Do you mean at _— Ilinois? A. Yes, I mean that. . *Q. I see. A. I mean, if they were not carefully handled insite and well paraffinéd, then there would be a great difference, of course. A well paraffined container may act on the bacterial count, I believe. That is the standpoint we take. We may be in error, but that.is the standpoint we take. | . At what temperature are.these containers paraffined? 1 They are different temperatures. I don *t know what - bareaung uses. I believe it is 160 or thereabouts. I am not sure what that is. Q. The temperature is important, is it not? _ A. The terhperature is important, yes. _Q. You don’t know what it is? A, I was down there in this plant in Cleveland ‘ last year. . Q. I don’t care about the plant im Cleveland. A: I beg your pardon. — ‘ . Do you know the temperature at which the paraffin is SNE to the containers being sold in the city of Evans- ton POPOoPopes A. I do not, no. Q. Do you know how long those containers are immersed in the paraffin? A. Ido not. . Q. Is the time of the immersion in sirelie important with regard to the quality of the paper? _ _ & Itis. If it was not correct I would expect, to find it ’ in the bacteria count. _ Q. Are you aware that the régulations promulgated by - the United States Public Health Service requires immersion 2 686 . Transcript. of Testimony Before Master. for a period of—immersion in paraffin ata temperature of -180 degrees Fahrenheit? “A. It does now. Q. -Sirt * - -A. 1 believe it does now. ; a Your containers are + being paraffined, you believe, at A. I would not say so. ze pa pana I object. He -has iinenihe answered nea t. : 1022. The Master: Overruled. The record will show what-he said. Mr. Sehaefer: Q. You don’t know whether your con- - * tainers are immersed for a period of 30 seconds or nor a . longer or for a shorter period? — I do not, no. - Did you ever: attend college, Mr. Woodmant A. Two years. 2 Q. Where was that? Q Agricultural college, Ames, Iowa: A. PoP - You did not graduate from thére? : No. I got married and quit school. I was in the _ dairy division there, in fact. “Mr. Schaefer: That is all. Redirect Examination by Mr. Gariepy. - Q. Mr. Woodman, how much over the count of one thou- sand per quart was this seven per cent on the Fieldcrest containers that you testified to? | A. How much? Q. Over the one thousand in'bacteria? - A. I will have to look that up. Maybe twelve hundred or eleven hundred. Here is one el&en hundred, say. Here is one eleven hundred and here is one fifteen hundréd. Those are the highest, I believe, in there. 1023 Q. + Have you ever had an~ occasion, since you have been checking these contajners and since they have beén used in Evanston, to curtail the use of them? ' A. Never. ; Q. Are the figures that you have given with. regard to bacteria counts on the Pure-Pak container here used by Fieldcrest Dairies higher or lower than the counts that you Testimony of M. J. Wood : 687 \. found for the same period on glass bottles. permitted in \ Evanston? _\ A. The count on the glass bottles ready to be filled is. higher than on the paper containers. Mr. Gariepy: That is all. ‘Mr: Schaefer: Just a moment, ‘Mr. ne before ou go " Q- orThe highest count here was two thousand. A. Is it? “Well, I had forgotten just what it was. | Mr.-Gariepy: Is that all? Mr. Schaefer: That is all. (Witness excused.) Mr. Schaefer + ‘Were you through. with Dr. Prucha, Mr. Gariepy? Mr. Gariepy: I didn’t get a chance to ask him about the adhesive during the noon hour. ; 1024 I first want to offer in evidence these exhibits from _ 46 to 56, inclusive, including Plaintiff’s Exhibit 4, ? - : which has been. heretofore offered on April 27, 1939, in a deposition. I am withdrawing Exhibit No. 48. Mr. Schaefer: What are you doing; striking all of the testimony. with respect to Exhibit 4st Mr. Gariepy: Yes. | Mr. Schaefer: What? Mr. Gariepy: Yes, at the witness’s request. Mr. Schaefer: Let us see if we can find it and strike it from the record. The Master: What is Exhibit 48? Mr. Gariepy: In regard to what he found in two dairies” in the city’ of Chicago on glass bottles. He said he didn’t . care‘to disclose who they were, because of violating cpn- fidence that he gained in entering there and doing research work there. _ The Master: Do-you want to strike all of the testimony? Mr. Gariepy: Only in regard'to 48... The Master: All of the esas which i is auppeqanany . incorporated in 48? Mr. Gariepy: That is right., Mr. Schaefer: And,which pertains to those tests 1025 and the results of those tests. Mr. Gariepy: Only in Exhibit 48 and e -two - dairies covered by that. » The Master: Yes. . t Mr. Gariepy: That i is Fight . a 688 Transcript of Testimony Before Mastez. The Master: Do you want to strike it physically, in which case you will have to get in touch with ‘the reporter -* and have it stricken out. Mr. Rall: I will see to that, Master. The Master: These exhibits may be received in evidence. (Said documents, being EXHIBIT 4, report of Dr. Ar- nold to the Ex-Cell-O Company, and, EXHIBITS 46, 47, 49, 50, 51, 52, 53, 54, 55, and 56, being sheets showing tests. made by Dr. Prucha, were thereupon received in evidence and.are attached hereto and made a part hereof.) . The Master: Let us proceed. : Mr. Schaefer: I would like to defer ‘cross-examination of Dr. Prucha until we have had a chance to examine the transcript and examine the results of these experiments. I | have talked to Dr, Arnold about it during noon recess, and there are'several points he wants to clear. up and a number ~~ * that I do. ' 1026 =Mr. Gariepy: I heard you say, Mr. Schaefer, that. you wanted to. defer cross-examination for what rea- son? . -The Master:. Read. Mr. Schaefer’s statement, please, Mr. ‘Reporter. (Mr*Schaefer’s statement was read by the reporter as ‘above 1 recorded.) Mr. Gariepy: I don’t think it is fair, Master. He has had the benefit of Dr. Arnold at his right elbow while Dr. Prucha testified. Dr. Arnold is familiar with Dr. Prucha’s © work. These are matters of public record. The Master: How much time do you want? a Mr. Gariepy: “Then I will want a day or two to check | . what I have put in. We will never get through. The Master: Off the record please: (Discussion had off the record.) The Master: We will go on next Tuesday, September .19th;‘at 10:15 a. m.. Mr. Gariepy: We can perhaps use some of the time this — by putting in our stipulations, if the Master please. ©. The Master:. How long will that take? . Mr. Gariepy: About twenty minutes. The Master: Go ahead. 1027. Mr. Gariepy: I did not expect that they wall not _eross-examine Dr. —— so I have left those papers ae Colloquy. ; ake 689 over at the office. It will take just : a few minutes to get them over here. The Mastées? All right. Take a reéess until they come. (A short recess was here had, after which the proceeding were resumed as follows:) The Master: You may go ahead. Mr. Gariepy: It is stipulated and agreed, a and be- tween the parties hereto, by their respective attorneys, that on January 13, 1936, Dean Milk Company made ape 9 - to the Board of Health for a permit to use sing containers in the’ city of Chicago. ' That subsequent.thereto, on November 5, 1936, said ap- . plication and request were renewed by Dean Milk ‘Company with the dairy named as C. J. Wieland-Dean Company, covering the use of the same containers. ~ ‘ “That on November 10, 1936, both applications were ac- knowledged.as having been received by the Board of Health, - by Dr. Bundesen. That: on. December 4, 1937, S. E. Dean, as president of the Fieldcrest Daities, Inc., plaintiff, and as duly au- 1028 thorized. agent for it, made application to the Board of Health of the city of Chicago for a permit for the use of single-service containers in Chicago, by letter. That on January 23, 1939, application was renewed, and on that date the sum of $60 was sent ‘to the acting president of the Board of Health, Dr. Black, in accordance with Sec- - tion 3087 of the Mayor Kelly milk ordinance, in connection with the plaintiff’s request and proposal to use twelve.milk pret for selling milk in paper containers in the city of cago. It will bé further stipulated thatcon J anuary 27, 1939, the acting president of the Board.ot Health, Dr. Black, ac- knowledged receipt of said _application and also gave the plaintiff an extension of privileges under Permit No. 1521 to sell unpasteurized milk at wholesale in the city of Chi- cago, this to include Fieldcrest Dairies under the same permit. On January 27, 1939, the acting president of the Board of Health, Dr. Black, also acknowledged the application of . - the plaintiff for a permit for its pasteurization plant, lo- _- cated at Chemung, and stated that the matter was under consideration. 1029. On January 31, 1939, final request and application _ for the use of single-service containers on behalf of e-service ; “a c- 690 Transcript of Testimony Before Master. ‘Fieldcrest Dairies was made at the Board of Health, to which last request and renewal no reply was received from the defendant. ° Is that stipulation’ satisfactory, Mr. Schaefer? _ Mr. Schaefer: That is agreeable. Mr. Gariepy: It is further stipulated and agreed, by and between the parties hereto, by the:. respective attor- neys, that if A. T. O’Connor were called as a witness and duly sworn and testified in this cause, he would testify, as follows : . That he is the duly elected and acting treasurer and di- rector and officer of the plaintiff corporation; that as such he is familiar with the assets, income and effects of said laintiff corporation and same are within his personal Seputilionn and observation; that plaintiff’s business is the sale and distribution of milk and milk products in the State of Illinois and elsewhere; that its plant and equipment is located at Cherhung, McHenry County, Illinois; that plain- . tiff is now selling and distributing milk'and milk products in forty-six. cities’ and villages in Cook County; and 1030 in other counties in the State of Illinois; that said sales are at retail and wholesale to customers and chain stores in large quantities daily, amounting to over -five thousand quarts daily; that all of said sales above are , made by plaintiff in ‘‘Pure-Pak’’ single-service paper milk’ containers in quart and pint measures and said containers are the same in style and quality as plaintiff desires to nse in sale of milk in the city of Chicago; that said milk sold is Grade ‘‘A’’ milk and pasteurized at and in plaintiff’s plant, inspected ahd is now approved . the State of Illinois un- der the statute, Chapter 56}, Illinois Revised Statutes _ (1937), Sections 16 to 46, and 101 to 111, inclusive, for sale of milk and milk products; that the plaintiff’s income from said sales of milk in said containers amounts to $9,000 per month now; that plaintiff owns and holds leases for ma- _ ehinery and equipment used and necessary in connection with said packaging of milk in said containers, representing - an investment, together with other necessary trucks and equijment, amounting to $20,000 now; that same were se- cured and purchased to use in the sale of milk at retail and wholesale in pn rig containers in the City of 1031 Chicago; that plaintiff is ready, willing and able to _now sell and distribute daily in Chicago, in single- service ‘‘Pure-Pak’’ containers, milk and siti produete in r 691 That the attached photostat copies of its/charter and certificates are true and are in full force and /effect at this . time, unamended or modified in any manner, and same are pursuant to the laws of the State of Illinois and Michigan, and that plaintiff corporation is now operating under and ‘by virtue of said charter and the certificate attached hereto, the originals of which affiant holds and will produce to sup- port the facts charged in the complaint; that at the present time said plaintiff operates a a Fruehauf trailér-truck for the delivery of milk from its Chemung milk plant to its distributing plant or station in Melrose Park, Nlinois; 1032 that the saia Fruehauf refrigeration plant opérates © automatically in said trailer-truck; that said refyig- eration in the other smaller 24 trucks used in the distrjbu- tion of milk from the Melrose Park distribution plant wise operates automatically ; that said truck is at the pres- ent time insulated and refrigerated so that said milk is kept at all times at -a temperature of from 40 degrees to 45 degrees Fahrenheit; that said distributing trucks whi receive milk from the larger trucks. at the milk station or distributing plant contain refrigération-equipment called] ‘*ice bunks’’ which are located inside of the trucks and said bunks contain 100 pounds of wet ice over which a fan pulls warm air across said ice so as to cool the same and to cool - | the milk; that said large truck distributing milk from. the plant to the distributing station has ‘‘cold-hold’’ units therein for cooling said milk and containers and the same are of the same quality and character as used daily in ice cream trucks operating in the city of Chicago; that said “tice bunks’’ units are called Theurer Units; all of which equipment and stock keep milk in said trucks carrying said ‘**Pure-Pak’’ containers to stores and other purchas- 1033. ers at a temperature of not higher than 50 degrees Fahrenheit; that said milk is placed in brown fibre cartons containing a dozen quarts each and same are duly sealed in said brown fibre cartons and delivered from the milk distributing truck daily for sale within said period . on said containers and said deliveries are made - to stores and- other commefcial establishments in said 7 og ; ah ss r =r in 692 Transcript of Testimony Before Master. brown fibre ertene and thereafter sold by said store; that he knows these facts from his own knowledge and can and will so testify if called as a’ witness. It is stipulated and agreed by and between plaintiff and defendants herein, that plaintiff is now and for several months, to-wit: from February, 1939, to date, daily selling Grade “A” milk in “Pure-Pak!’ containers in the follow- ing cities and village ted in Cook, Du Page and Lake Counties in Illinois;(and that said sales of milk in said | containers are by and with the consent or permission of the officials and healt — of said municipalities, 1034 oe lingo H G r n eights La Grange Bellwood Lake Forest Bensenville , Lansing pote —— rwyn ; ons Blue Island * ‘ Ma ood B view Melrose Park Brookfield Midlothian Calumet Park . * Morton Grove Chicago Ridge Mount Prospect. Congress Park Niles Center Deerfield ; Northbrook Desplaines . North Riverside \_ Dixmoor | Oak Lawn. Dolton “: Wie Oak Park East Chicago Heights Orland Park , East Hazelcrest Palos Park Elmhurst . Park Ridge Elmwood Park , Phoenix | Evanston Posen . Fairview - - Riverdale Flossmoor ——_. River Forest Forest Park River Grove . Franklin Park Riverside 1035 Glencoe ° ; Robbins Glen Ellyn Schiller Park. Glenview South Holland Greenwood 7 Stickney Highleed ‘P -k — Park 1 ar. estern Springs Highwood Wheaton Hinsdale - Wilmette Homewood '- Worth Kenilworth Winnetka , elt i Stipulation. : 693 . Subject to objections as to relev 1cy and materiality Ion grounds th ‘ts be - on which grounds the right to object reby reserved to each of ' parties hereto, it is hereby stipulated and agreed between the¢parties hereto by their respective . attorneys of record, without the necessity of further proof, that the facts hereinafter stated are true: 4, The report of the Chief of the Bureau of Dairy ‘ Industry, directed to the Secretary of iculture of the United States, dated September 1, 1938, for the fiscal year ended June 30, 1938 (O. E. Reed, Chief), contains in the copy thereof officially printed by the Government 1036 Printing Office of the United States the following: ‘“‘Single-Service Milk Containers. ‘‘A survey was made of the use of single-service con- tainers for milk in several eastern cities. Single-service - containers ‘are used quite extensively for delivery of milk to stores in New York, Philadelphia, and Baltimore. One distributor in a small city also uses’ single-service contain- ers for delivery to family trade. This distributor was ing about 1,250 quarts to family trade and about 9,000 uarts.to stores in paper containers. In New York City ver 300,000 units are sold daily in paper containers, prin- * cipally. mage the chain stores, and practically all milk handled by chain stores in Philadelphia and Baltimore is — in single-service containers. . ty ‘*While the paper container itself costs more than glass bottles (which average approximately 30 trips) including the washing of the glass bottle, considerable economies can be effected in the delivery to stores if the entire load _of the desivery truck consists of milk in paper because of the smaller space and lower weight required as compared | with glass. | 1037 ‘‘Although paper containers’ are not used to any extent for retail delivery of milk, they are used quite extensively for sale of milk through stores and their use _ for this type of business seems to ‘be increasing.’’...~: 2. From and after February 26, 1937, there was in full force and effect in the City of Philadelphia, State of Penn- . sylvania, an ordinance dealing with/the regulation of milk and mi roducts, which contained among other provi- sions the following section, to-wit: — “Section 8. The printing and trade marks on all caps and containers employed in the sealing or packing of milk 694 Transcript of Testimony, Before Master. or milk products, which shall be offered:-for sale in the City. of Philadelphia, shall be so designated as to be proof against deception. All proposed caps and contagners shall be submitted to the Board of Health of said City for inspeetion, and shall not be used for the purposes herein indicated until approved by the Department of Health of - gaid City. ‘‘No milk dealer shall.transfer milk from one origi- nal container to another except in such éases\ ex- 1038 pressly authorized by law. No person shall selh or offer for sale any bottled milk except in the original container.”’ 3. Ice cream, butter, lard, cottage cheese’ and other kinds. of cheese, oysters, pickles, soft drinks and liquid coffee are sold daily in the City of Chicago, at retail, in | paraffined paper cartons made of virgin spruce pulp; ice - cream is sold daily in the City of Chicago by manufac- turers of ice cream to retailers of ice cream in metal cans with a thin paraffined paper liner between the ice cream and the metal container; thin wyee paper is permitted by the Board of Health of t City of Chicago to be placed across the top of metal milk cans pina the metal cover of such cans; paraffined drinking cu paraffined paper straws are nsed daily in the ty a of | Chieago; and paraffined paper liners for dishes in which ‘ice cream is served are also used daily in the City of Chicago. In none of these. cases is any objection made by the Board of Health of the City of Chicago, nor are any tests conducted by it to determine the sanitary’ quality of the paper so used. . 4. Prior to the éommencement of this suit and 1039 at all times since,,the plaintiff, Fieldcrest Dairies, Inc., has sold liquid milk and milk products in ‘‘Pure- Pak”’ containers in the following municipalities in a counties of Cook, Lake and Du Page: Arlington Heights pie Chicago - Ridge. . Bellwood 3 ' Gongress Park Bensenville ; . Deerfield ° Berkeley Des Plaines / Be Dixmoor 7 7 Blue Island © Dolton Broadview, . East Chicago Heights : Brookfield’ East Hazelcrest ’ Calumet Park iy. Elmhurst ’ Stipulation. 695 Elmwood Park Maywood Evanston ; Melrose Park Fairview Midlothian Flossmoor Morton Grove Forest Park Mount Prospect: Franklin Park Niles Center Glencoe Northbrook Glen Ellyn North Riverside Glenview * Oak Lawn . Greenwood - Oak Park ” -Hazelcrest Orland Park - -Highland Park Palos Park ' Highwood Park Ridge Hinsdale > Phoenix Homewood Posen Kenilworth Riverdale LaGrange River Forest Lake Forest. River Grove Lansing _ Riverside : Lombard il Robbins Lyons | Schiller Park 1040 South Holland Wheaton , Stickney . Wilmette Villa Park Winnetka Western Springs - Worth It is further stipulated by and between the parties hereto, by their respective counsel, that if S. V. Layson were called as a witness and duly sworn and testified in this cause, he would testify as follows: ; '__ That he.is milk sanitarian of the Department of Public Health of the State of Illinois with offices at Springfield, Illinois; that the Department of Public Health of the State _ of Illinois by or under the direction of the affiant has made _ an inspection of the plant of Fieldcrest Dairies, Inc., lo- eated in the village of Chemung, McHenry County, Illinois, - approximately 76 miles from the City of Chicago, Illinois, and that coaed go ogy and its equipment and apparatus have been approved by the Department of Health of the State of Illinois as complying with the laws and regulations of said state pertaining to milk plants selling liquid milk and LO Pracs 696 “Transeript of Testimony Before Master. cream to the public at wholesale and- retail ; that on. 1041 or about November 17, 1938, the Department ae Public Health of the State of Illinois issued its Cer- tificate No. 395 for the calendar year 1938, and on or about January 18, 1939, issued its rtificate No. 59 for the calendar year 1939, which latter .certificate, duly sealed with the seal of the Department of Public Health of the State of Illinois and signed by A. C. Baxter, Acting Di- rector of Public Health of the State of Illinois, is now in full force and effect, and that the language of said certifi- cate last mentioned is substantially as follows: ‘‘The State Department of Public Health considers that . , the construction and equipment of the pasteurization plant is such that with proper maintenance and operation, the pasteurized milk or milk products will be safe for human consumption. The continued safety of os pasteurized milk or milk products depends upon the continuous pro maintenance and operation of the plant, the responsibility for wliich rests with the management of said plant.’ ° That the- Department of Public Health of the State of: Illinois, in reliance upon tests made by the Department of Dairy Husbandry of the University of Illinois by or under the direction of Dr. M. J. Prucha, which tests 1042 have been accepted -and relied upon by the . said Department of Health, has approved the paper ‘*Pure-Pak’’’ container for the sale of liquid milk and milk products to the public in the State of Illinois; that the Department of ‘Health of the State of Tilinois has inspected the pasteurization plant.and also the Ex-Cell-O **Pure-Pak’’ machine located in the plant of the Fieldcrest Dairy at Chemung, Illinois, and has gg the same, — but the said Department has not made any independent investigation other than to examine the ts of tests _made by the University of Illinois hereinabove referred to of the sanitary propérties and efficiency of the said ‘*Pure-Pak’’ paper. container, | - The Master: Let the record show t the hearing of this matter is continued to next Tuesday at 10:15. Whereupon the further hearing in us above entitled — cause was continued to Tuesday, September 19, 1939, vat 10:15 o'clock a.m. © a Stipulation, * 697- 1043 Baa As By: (Caption) °°... oe EEN Tuesday, September 19, 1939, es, ‘ 10:00 o’clock a. m. Met, pursuant to adjournment. Present: : > Mr. Gariepy, Mr. Rall, Mr. Schaefer, Mr. Horan. — ‘1044 - Mr. Gariepy: Will you stipulate, Mr. Schaefer, that the two documents ‘I_ now hand you were sent, he one on yellow paper, x 4 Fieldcrest Pe ceaiag Ine. to Jr. Herman. N. Bundesen, President, Board of ‘Health, City Building, Chicago,. Gee ; this one sent by Dr. Herman N. Bundesen to Mr. S. E. Dean, Jr., President, Fieldcrest Dairies, Inc., 20 North Wacker Drive, Chicago, Illinois? ‘Will you examine the letters and state - whether you will stipulate? Mr. Schaefer: - Yes, I will stipulate to that. = ee raping, A It is stipulated by and between the par- ties that on July 18, 1938 the: plaintiff addressed a letter to Dr. Herman N. Bundesen, as follows: | Are. _ “July 18, 1938 - ‘‘Dr. Herman N. Bundesen, President, i Chicago Board of Health, — bh - City Hall, Building, ~ ‘Chicago, Illinois. Dear Dr. Bundesen: 7 , Our oe records contain a letter from the Dean Milk Company to you, as president of the Board of Health, - dated November 5, 1936, in which ‘application was made to distribute milk and milk products in Lae araffined 1045 pa r, single-service containers of the Pure ; sccnatty, you suggested that studies be i. =, competent authorities to determine the satisfac- to f such containers from a public health view- — gee Ba in accordance with this ee we arranged =. or studi the following recognized authorities: : Dr. P. i. racy, and Dr. M. J. Prucha, of. the University of Illinois. ‘ ~ Alex A. rs of Northwestern Universi Dr. Lloyd Arnold, University of Illinois M ical School. These studies were conducted on the Pure-Pak type of Fee S 698 Tramscript of Testisnony Before Master. containcr. The results of these studies were submitted.to your Departmént along with letters from Boards of Health a in many other cities and other pertinent information relat- .e¢. ing to Pure-Pak equipment and materials used in Process: "Ender d date of December 4, 1937, we advised you, in ' writing, that the Fieldcrest Dairies, Inc., a wholly owned snbsidiary of the Dean Milk Company, had replaced the ~ proposed C. J. Wieland-Dean Company, and that the ap- plication for a permit should be transferred to the 1046 new corporation. Because of -the favorable reports made by each of the above’ mentioned investigators, we are herewith re- newing our request for a Pure] to use paraffined paper, single-service containers (Pure-Pak type), cl milk and milk products. Fieldcrest Dairies, Inc., will operate on ‘a: whelesale ‘basis and will sell-milk, cream, buttermilk, chocolate milk, and such other products as are or may be handled by simi- larly conducted enterprises. Your attention to this applicgtion at an early conven- . ience will be appreciated. F Yours very truly, ‘Fieldcrest Dairies, Inc., President.’’ ‘ - Mr. Gariepy: Stipulated by and between the parties that on Jyly 32, 1939 there was received in -reply thereto the letter dated "July 22, 1938, which is as follows: > City of Chicago Board of Health Office of. : Herman N. Bundesen, M.D. President of the Board. ~ 0 | _ July 22, 1938. 1047 ‘‘Mr. S. S. Dean, Jr., : President, Fieiderest Dairies, Inc., 20 North "Wacker Drive, Chicago, Illinois.” : Dear Mr. Dean: This will acknowledge receipt of youtletter of the eight- eenth of July, relive to your application to distribute milk and milk p ucts in the city of Chicago in paper containers. a” : Gerrespondent and conferences held, in the past, with the organizations and individuals who, you inform us, have ,been replaced by the concern you represent,. definitely indicated our position with respect to the use of paper milk containers in this city. : Referring to the following statement, ‘Because of the favorable reports made by each of the above mentioned investigators,’ ~ I beg to advise that our record is not in accordance with that statement. In recent conferences with one of your own committee whom you mention, we are informed that | _ definite-standards must be met in the manufacture of the paper ap container before this.type.of package may be ~ sidered assuredly satisfactory from a public 1048 health standpoint. We are advised that, as yet, no paper container on the market meets with these nec- - essary requirements. _—. We are enforcing, in Chicago, the United States Public Health Service. Milk Ordinance and look to the United ' States Public Health Service for teéhnical advice with respect to public health problems, including the safeguard- © ‘ing of our milk supply. We have been advised by: the Sargeon General that, in view of the very evident differences of opinion on ‘the « subject of paper ‘containers for milk and milk products, the problems ‘will be brought before the United States ‘Public Health Service Milk Sanitation Advisory Board. at its next meeting.and that, in the meantime, health au- 7 . thorities are justified i in maintaining the status quo. We wish to again repeat that as soonvas unrefutable, | scientific evidence is available that’ will definitely show _ that there are no health hazards involved in the use of placing milk and milk products in paper containers,. we shall be glad, at that time, to -_— your application every ». eonsideration. 1049. _ Yours sere truly,’ ae Naan? ry aa _ (signed) Herman N. Bundesen, - President, Board of Health.”’ 5 Mr. icine It is stipulated by and between the par- ties hereto, by their. respective attorneys, that for the . purpose of a better understanding of the evidence herein, the parties agree that the Master ‘in Chancery, Jacob /I. Grossman, may visit the plaintiff’s plant at Chemung, ene and the Ex-Cell- O. Pure-Pak Machine therein used Stipulation. or 6.” o, Paes tent’ ‘ ‘ ‘ ren) 4 700 ‘Sinmiaidi of Testimony Before Master. bythe plaintiff to package milk in’ Pure-Pak Single Serv- - ice. Containers, and inspect’ the operation of said plant and i ’ gaid machine. Mr. Schaefer: That is agreed to. Mr. Gariepy: I wilkask that this single sheet marked ; for identification as plaintiff’s exhibit 51 (page 2). The Master: It may be so marked, (The sheet referred to was thereupon marked by the Reporter ‘‘Plaintiff xhibit No. 51 (page: 2) for identi- : fication.’’) © Mr. Gariepy: Master, before going | ahead with. the cross-examination,of Dr. Prucha, on the part of the ded “ fense,.I want to ‘ask the witness a few more questions on direct examination. ; The Master: Proceed. : , 1050 MARTIN JOHN PRUCHA resumed the witness stand on behalf of the plaintiffs and, testified fur- ther as. follows: if Direct Diesen (Resumed) a Mr. ‘Gariepy. Q. Yoctor, with regard to plaintiff’s exhibit 51, testified to b} you as shown on page 959 of the record, did you.. orm any tests subsequent to test number 3, concern- ing the bacteriacidal property of paraffining? A. Yes. : Q. : ‘ Showing you plaintiff’s exhibit 51 (page 2) for identification, does that show tests numbers four and five -. that you: performed on that 's Same experiment? - - A. Yes. Q. Was that performed -at the same time as ‘humber _ one test? _ A. It was’ performed during one week. Q. What does it show with regard to the quality of the suspension used in -performing that test and the bac- teria count? A. Dr. Arnold’s problems, whieh he reapested to he... . done, if you recall— -Q. We have agreed that’ Dr. Arnold. did. not. request you-to perform anything, Doctor. 1051 As I mean that was ‘presented to the. iin Now, we agreed on experiment three, that the bac- teria’ will go shrough the paraffin. 9 Testimony of Martin John Prucha. | 701 . Q. What about test number four, what does it show? That is my question? A. ‘Test number four shows that when you. have about a million and a half bacteria suspension in which you dip the paper and then paraffin it, you can mot find—we have . not been able to find any bacteria present on the paraf- fined paper. Q. What was, your finding with regard to the number nineteen shown in test number four, in the. left hand columif, as to the amount of the bacteria found? A. Table nineteen, for example, gives the number. of bacteria that were deposited on this piece of paper. As explained, we made ten plates from the pulp, disintegrated paper, which was freshly inoculated and that gives us the amount of inoculation on the paper. ; Q.° How much did you find in the way of bacteria on the paper. after that inoculation? © The Master: Wait a minute. What are you talking about—en the paper before paraffin was applied? ‘The Witness: Yes. Mr: Gariepy: That is it. . 1052 The Master: All right, go ahead. . f; vn? BRAS 4 e The Witness: 420 colonies on‘one plate, multiplied by 100 times—about 42,000 bacteria. . The Master: - Q. On what? - 1 A. When the paper was dipped in and allowed to drain, of this size, there were about 42,000 individual bacteria. Q. You are indicating ‘this size”. State how long that is. A. 2 inches by 44 ‘inches. — -Q. All right. - You take this naked as. with how many? . LAS About 42,000. | ; Q. 42,000 bacteria? . ees A. Yes, And then you fake this piece of paper + with the bac- _ teria and put it in the same paraffin? __A.. No, not this first one. This was examined, waparat- > fined, to’ show how many bacteria. Q. Then what did you do? A. Then we took another ‘piece or strip of paper, the same size, and paraffined it immediately after it was dipped . | a suspension, inoculating it about to the same —_ 702 oe Transcript of Testimony Before ‘Master. Q. Yes. as: . A. And we were unable ‘to find, by plating it, ‘that. 1053 any bacteria of this organism survived the paraffin- ing. — ; Whether on the outside or under the paraffin? A. It was disintegrated completely. Q. Yes. es A. 21 is the same, just another strip a to chock on that. 22, we allowed the strips of paper to dry for one- half hour oars we paraffined them and ym 92 is a ied unparafhi Garis, ais of Martin John Prucha. 709 . Q. What ao you mean by above the standard—it con- tained more? —. A. More than a thousand, yes.. Mr. Gariepy: Q. When you referred to standard, did you refer to the standard or suggested standard dictated . or suggested by the United States Public Health Service ~ of 1,000 per quart bottle? A. Yes, that is the standard for Grade A Milk. ; Q. When you were on the stand before, I asked you 1066: concerning a test of the adhesive used on the Pure- Pak Container? A. Yes. | - Q. During: this year aid you sien some research work to ascertain the quality and the number of the -bac-: - teria counts. of the adhesive used on. the Pure-Pak Con- tainer? , A: Yes, sir. Q. Where did: you. get the adhesive! A. One sample of the adhesive was taken in the milk plant, as the adhesive was being used. The rest of them were sent to us from two companies that manufactured the adhesives used for the containers. Name them? . . It is the Arabol Company of Cicero, Iiinois. Q. The Arabol Manufacturing see A: Yes. © Q. The other one? | A. other one is the National Adhesive Corpora- tion. forgot their address. — _ _Mr.Gariepy: I will ask that this paper be marked plain- _ tiff’s exhibit 60 for identification. (Paper referred to was thereupon. marked by. the Re- porter ‘‘Plaintiff’s Exhibit No. 60 for identification.’’) 1067, Q. Showing you plaintiff’s exhibit 60 for iden- tification, is that the result of the test that you per- - formed concerning the amount. of bacteria per gram? ; Yes. . Will-you tell the Master how you» performed that test on the adhesive to:ascertain the amount of. bacteria per gram in it? A. I weighed one gram of the hdhesivé and. mixed-it with 9 m.l. of sterile water until I.made an emulsion of it; = I — 1 m.1. of this emulsion i in each of five eae e es... BEG aS ta GR EDA Sb AR STE are 710 Transcript of Testimony Before Master.” A. And poured that on to count the number of bacteria | on it. a ‘What did your count show on five aaa with seven different samples? . t:A. It varied per gram of the adhesive. ‘The. highest count pbtained, I had 16, and the lowest count I found i in | bacteria. Q. 16 bacteria | per gram is how much bacteria you would expect to find on the portions of the single-service: Pure- Pak Container where the adhesive is applied, taking the quart as an example? . My information is that about 1400 containers 1068 would be paraffined with one pound of adhesive. Q. You did not ariswer the question as to how much bacteria you would expect to be contributed to the Pure- Pak Container corners where the adhesive is apples by reason of what you found in this test. ane Asstekimately, the highest count sample we had - which gave 16 colonies per gram, and one gram would seal, roughly, three containers ; therefore, dividing sixteen by three gives you roughly five bacteria per confainer. de- e be with the adhesive in the seam.. 3 Q. ‘What is the kind or quality of that bacteria with | re- aly being non-spore forming, or spore forming, or -cOo A. We did a" make thorough tests of that point, ex- cept that I have recognized some of the bacteria’ as my friends, so to speak, on the plates. My observation was that they were mostly spore forming bacteria. ‘The other ' non-spore forming bacteria were a sO present. Q. Is that, in your opinion, the quantity that you found contributed by the adhesive, sufficient to present a health problem? 7 3 bot say no health problem is there. there was any penetration of these bacteria — e milk, from the corners of the container, would : * 1069 that present. any health problem? A. I would say no. ve . Will you describe the type of bacteria or the’ char- ; ' _ acter of bacteria that you found present in the sterilized glass milk containers that you examined at the Ogden Dairy in July, 1939, as pared. with the bacteria flora or char- acter that you fo in the Pure-Pak container? A. The outstanding difference is deen glass bottles after Testimony-of Martin John Prucha, . 711 tiers are washed and sterilized have. somewhat miscellane- ous type of bacteria, the non-spore fo bacteria pre- dominating. In the paper container, Pure-Pak Container, the conspicuous thing about the bacteria flora is that the large percentage of. * bacteria, -if any present, are all _ spore forming varie Which means what: with regard. to presenting a health _ problem or not? A. Which means this, that with the orditlary disease that might be carried .by milk, like typhoid, tuberculosis, septic sore throat, undulin fever, are non-spore forming bacteria; and spore-forming bacteria can not be killed, the spores can not be killed by any method, what.we call germ- - — icidal or bacteriacidal treatment in the milk plant; spores can not be killed. Q. Are you acquainted with the degree of temperature - employed in the Fieldcrest Dairies plant in turning out . 1070 of oy finished container with milk as to what tem-. perature they use? A. Yes. ; Q. State, first, what temperature that ist A. The temperature is 170 to 172° Gegrees F. Q. Is that 170 to 172 degrees FY A. Yes.. Q. Have you performed any research week or tests with regard to using a higher degree of temperature, vente heit, above 1727 . A. Yes.- Q.. What is your opinion with regard to the use or the advisability of using a higher’ degree of temperature, higher ~~ 172 degrees F?_ ‘There are two problems connected with paraffining : Pe is to paraffin the container in.such a way as to give it . @ good paraffin coating, to make it firm. The higher tem- ‘ perature you use, the poorer product you get in that re- Q. Is there any other effect of the high — other than that? . - The Master: Effect on what! You say the higher the temperature of the paraffin, the lower the quality of what? A..Of the betiisa, the higher temperature—when the a bottle is ay at high temperature, the _parafiin 1071 runs off from the walls of the paper and gives you a thin wom = more flexible, not as acceptable i in the me ten A en, > Si Transcript of Testimony Before Master. * . ~ industry for milk. In the paraffining at lower temperatures you get more paraffin deposited on the walls. _ Q. What pay ‘ou call low we A. Temperature 170 Q. What do you call a high temperature? -A. You don’t get as good— Mr. Gariepy: Answer the question: A. What do you call a4 high temperature? A. 180, 190 or 200 degrees F. —-Q. Have you performed tests running the machine with. ay applied at temperatures of 180 and 180 degrees F? es. Q. Is this the result you gave me as your opinion, the result of your observation and experience? A. Not only observation, that is on examination of the “agg 8 and this is a well known fact in the industry, so Q. Have you during the last ins years that you made ‘research and study of this problem performed tests with regard to inoculating paper board at the paper mills - before it goes through the hot rolls? . 1072 A. Yes, sir. ‘peopeper I carried on experiments in Detroit. When? — That is more than two years and two months ago. What mill? Detroit Sulphite. Where did you perform the other tests? © A-% — the other tests in New Jersey, at Regal . “Pap per What. ‘was the condition of the water supply, we will - say, where the paper board was made‘ ‘at ‘the Detroit Sul- phite Mill? A. The water in the Detroit Mill: was rather heavily | éontaminated with B-eoli. . What did you do in performing the test to ascertain the effect of this heating and passing through the rollers on the board at this Detroit Mill, w here they used this qual- ity of water? ~ A. We tovk samples all through the mill, including up Q. When did you do that and where did you. ‘ao itt era | to the point when the layer of pulp—paper to be—started to = run over the rollers.: * . Q. has what did you do at that point? , Rit Testimony of Martin John Prucha. 713 ~ ‘ A. We did nothing except the water used for dilution of the paper was heavily seeded with B-coli. Naturally, we examined the pulp as soon as it came off ‘of the: 1073 rollers. Q.. What did you find as it came off of the rollers at that mill? A. At no time were we able to find B-coli | surviving the . ‘treatment as the paper runs over the heated rollers; B-coli bacteria were killed, apparently, . - Q.° What did you find in the New Jersey Mill that you performed a test on, as to the paper board before.it got to and went through the hot rollers, what did you find as to the condition of the board there? “A. In the New Jersey Mill we artificially inoculated the paper at the same point, the layer of paper, with the pulp . Just before it started to run over the hot rollers. Q. ‘What did you inoculate it with? _A. With living stspension of bacteria. Q. .Was it heavy or light? ; : .- A. Heavy. What did you.do after; you inoculated this and it went through the rollers, next, what was your next step? A. .Then: we marked: the spot, inoculated Tegions, and let it pass through the rollers and then we cut out samples from the finished paper, the areas inoculated, and examined it for the bacteria that we used. ; 1074 What did you find? : . . A. We found that at no time-were we: able to recover the. inoculating organism from the paper. . Q. Which indicates and shows what effect the heating and passing through the rollers has on the board, which is what? _ _ A. It indicates that the paper subjected to the heat, as it runs over the hot rollers, receives very sceents bac- teriacidal treatment. - Q. What was the temperature in the rolls when this -board went through, when you performed these two tests? _ A. The rollers are heated by steam under pressure and they use about 15 to 20 pounds of steam pressure which gives a temperature of about 250 to 260 degrees F. The Master: Q. Do I understand you to say it . not make any difference how badly affected with bae men the water is that you use in-making paper? ) 714 . Transcript of Testimony Before Master. A. The treatment the paper undergoes i in running over . these hot rollers destroys it. Q. It wouldn t make any difference if you took water from the sanitary district channel and used it in making this paper? ‘ ‘ou wouldn’t find any of the coli present there: Mr. Gariepy: Q. B-coli, did you say?- A. B-coli 1075 The Master: Q. How about odor? A. Odor? Q. Yes. , A. Non-spore forming organisms of.-the kind we ) Gre interested in, in dairy .sanitation— - Q. You could take water from the sanitary district canal and put it in_and use it in making this paper and it would not make any difference so far as health is con- cerned?. ~~ A. Of the paper—wel, I say no, if I may thoroughly - explain. - Well, go ahead and explain it. : A.. Any ‘pacteriacidal treatment is, to some extent, con- _ditioned .by the copiousness of the inoculation; the-larger e number of bacteria, the more chances there are that ome will survive any bacteriacidal treatment.. This bac- ‘teriacidal treatment of the hot rollers, however, is ex- ‘tremely efficient and I would guess that no.matter how heavily seeded the water is with coli. bacteria that you use for diluting the pulp, and passed it over the hot rollers, 3. will not find any coli present. in the. Snished product. am guessing on that, predicting. Mr. Gariepy: Q. You did not find any B-coli present in any of these? 5 1076 A. No. Q. The paper mill where there was a bad water ' supply, and the Cherry River Paper Mill, where they had a ‘good water supply? . A. The organisms are the Dr. Frank Strain B-coli. Q. Resistant to heat? : A. Yes, sir. Q. Which means it would survive heat and fight off the - effect of the heat applied to the paper board sv inocu- lated? A. We used that organism for. testing the efficiency of pasteurizing of milk. cise sere I — _ Testimony of Martin John Prucha. 715 = saga Q. You are specifying B-colit . Yes Q. Are those the only coli that might affect health? . A. No. The organism of B-coli is used in many of these tests because the organism is. a non-spore forming organism, it is a.little more resistant to heat than organ- isms like disease organisms like typhoid are when we inoculate milk with that organism and pasteurize it, we reduce the humber to a certain point, we say that if typnete got in they would be killed. . Q. They are not as resistant to heat as the Becoli?. A. Not quite.. . So ‘that when you say the B-coli were not 107 present, you have-given us the coli that ‘you think are the most resistant to heat, and if they don’t ‘survive, then nothing else could survive; is that correct? A.. Correct. i Q. How about tubercle bacillus? A. Tubercle bacillus is a little harder to .kill than ti a germs, but not quite as difficult to kill as B-coli. or Frank Strain. ~ Mr. Gariepy: Q. Not as heat resisting? - A. Not quite, that would be my conclusion. -I never tested it myself. The Master: Q. Would you say the amount of coli that you either put into the water directly or the amount . + Of coli present in typhoid approximated the amonunt of * coli that might . present in the sanitary district. canal water? A.” We put more, a larger number of bacteria with artificial inoculation on paper than it would receive from | any water used. r. Gariepy: Q. Doctor, have you performed some, tests with regard to the amount of absorption that there is in the Pure-Pak Container? A. ‘Absorption, yes. Q. When did you perform that test, and where? A. We carried out a number of tests. The first 1078 test we carried out was two years and three apace ¢ ago. Q. Where? . A. At the University of t Illinois. -_Q._-Dnd--you get the Pure-Pak Containers from the Fieldcrest. Dairies? . $ oe 716 cca of —— — Master. AUN oO. _ Q. Did you use them in your own dairy A. - We used a machine there and cerafhied them our- ne scives. and carried on tests with them.. Q. Tell the Master how you performed that test to ascertain absorption, and the amount? | ' A. We filled the container with milk and stored it. Q. Where? A. In a refrigerator, in room temperature also, for certain lengths of time, up to 48 hours or thereabouts. Then we emptied the container and rinsed it. with water and dried it quickly. We weighed the empty container | before and after we emptied the milk and rinsed it with. . water to remove all of the milk and then quickly dried it with compressed air and then we weighed it again. . And what did you find? A. We found that the container picked up about two | grams in weight. Q. Which equals about how many drops per “quart? 7 A. About 40 drops. 1079 Q. Did you perform a-similar test with regard to the amoynt of absorption of the paper cap used on the glass bottles? A. Not in this manner. . Q. Tell the Master how you: performed it? A. We determined one way to measure the possibility -.of absorption is by treating the container with a solution of dye, like methlyn blue: 9 - Q. You did that? ‘A. We did that and as I did in ones ot the samples here the last time, the caps as‘a rule which are used to -. close glass bottles do not have as good paraffining as the paper container. ri Would you say the absorption on the caps _is less ‘or greater per area than that which you found in the board in Og pepe container? t is greater because.the whole surface of the caps are al in absorption. Q. Do you know what is accepted by milk sanitarians as the most Asatisfactory standard method used to deter- » mine the efficiency of sterilization of a shies or paper con- tainer? Beer ok ae eae Q. What is it? Testimony. of Martin John Prucha.. ©. 717 A. May I read it to you?- 3 | ~ 1080 Q. Do you know it? Tell what you know. A. It is a rinse test. . . Q. Is there any additional test that is: considered a satisfactory standard method for ascertaining the sterility, in addition to the rinse test? A. oe you speak of glass-containers? - . Yes, A. That seems to be best available as a test. The Master: I wanted to ask you a question: Q. You have been talking here all of the time about germs remaining in the paper and you have said that none would remain, or there would not be any danger to health. thing that might be put into the container ? . : And therefore, from the point of view-of producing a paper container with a low bacterial count, the question ' of whether or not the operation is continuous is sig: _ nificant? ; | : A. I would like to distinguish between sanitary phases. Q. Answer the question. I made the distinction for you, in the question. Ss Pane A. The question... ' Mr. Schaefer: Read the question. - (Pending question read by Reporter.) ~- Mr [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386403_0017%3A02. Public record. Not legal advice.