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10
occur without fraudulent intent, or even knowledge of the fact on
the part of the milk-seller, and without his gaining any sort of
advantage. Deficiency of fat occurs in two cases. In one case
the non-fatty solids also are deficient and the case is clearly
one of fraudulent watering. In the other case the non-fatty
solids are full or in excess, while the fat is deficient. How are
we to judge these latter milks ?
If we pay fourpence per quart for milk containing 12.50% of
milk-solids, we buy a pound of milk-solids at about the price
that we now pay for a pound of butter. There is therefore no
serious commercial disadvantage to the buyer if either the
fatty or the non-fatty solids do exceed their usual proportions.
As a matter of all-round food value, the non-fatty solids of milk
are—weight for weight—about equal in value to the fat. It
may be said that corpulent adults would do better upon the
non-fatty solids; that emaciated infants would do better upon
the fat. What I submit is that, when there is a deficiency in
one particular, while there is an excess in another, the vendor
does not get fair play unless the excess is allowed as a set off
against the deficiency. It has therefore been my practice to
judge a milk upon its aggregate milk-solids, and not upon a
deficiency in one particular. The certificate framed upon this
basis becomes simpler and more intelligible to the members of
the Local Authority and to the magistrates. In my own
judgment it is also fairer to the vendor, while equally fair to
the purchaser.
In this particular prosecution (Milk No. 53), the certificate
issued from the Government Laboratory was not in accordance
with the ruling of the judges of the High Court of Justice
(vide page 6). It does not give the standard taken for the
calculation of added water. Further, it makes an addition for
assumed loss during storage, and it does not state the amount
of that addition. The certificate therefore contains two
unknown quantities, and it does not " afford materials on
which the justices, or the accused, might know how the
results had been arrived at."