St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1889-08-15
TOOK THEIR BREATH AWAY

Advocates of the Inspection Law
Agitated Over the Duluth De-
cision.
Its enemies were elated and its friends
and advocates very much taken aback
yesterday morning by the decision of
District Court Judges Stearns and En-
sign at Duluth against the constitution
atty of the "hoof inspection" act. The
advocates claim that it will tenn
porarily, if not permanently, decrease
the live stock business, which
had assumed larger proportions
since the passage of the measure in
April last, and it's freely asserted
among them that the Duluth case had
been instituted by opponents of such
inspection and that it had been handled
in such way that there was, practic-
ally, no presentation made in behalf of
the constitutionality of the law. This
was done, they claim. in order to carry
this decision into the Swift-Sutphin
case, which is in the courts at Chicago,
and in which, they affect to believe,
that only parties favorable to the big
Four" are interested on both sides.
The main points made by these adj
herentS of this inspection law are shown
in the following interview with Paul
Engles. of the st. Paul Meat and Pro-
vision company, who said: 1.-THE law
points of the decision are mostly such
as were presented by Attorneys Erwin
and Sanborn against the bill when it
was before the legislature. But little,
if any, reference is made to the points
then made in favor of the bill, as should
have appeared in the decision had the
habeaS corpus proceedings in this, A. +.
Christians, case been thoroughly az
gued.
The legislature considered both sides
of the question very carefully. A large
proportion of the legislators were thor
ougbly versed in constitutional law,
and yet the bill was passed by large
majOrity-36 to 6 in the senate and IA to
Is in the house. Had the Duluth judges
taken the same care to examine both
sides of the question, their decision
would probably have not appeared
so One-sided. From the reports
received, there appears to have
been little attention paid to the
operations of the food adulteration acts,
in this connection, and there is
apparently no reference to the
laws for health protection known as
veterinary laws which have been
passed in the Southern and Western
bldlcS, anu NlllCll, iii
of ten years or more, have held good.
"This live stock inspection law was
not amended by opponents, as were
similar laws that have been questioned
recently in other states, and if the
veterinary laws are constitutional then
this live stock inspection law of Mime
sofa, which is in the same line, should
hold as well.
"Only a slight difference exists be-
tween this and the police regulations of
Iowa-the liquor law-which prevents
the general use of liquor in that state.
"When Missouri first passed a
veterinary law to exclude Texas cat
tie from her precincts at certain sea-
sons, it was attacked and declared un-
constitutional, and on that decision At
torney Erwin laid great stress in his
argument against hoof inspection before
the Minnesota legislature. He failed
to call attention to the fact, however,
that Missouri afterwards passed
veterinary law for the same purpose
and as a health protection measure,
which new law has been in full force
and effect for several years, and has not
been defeated in the highest courts.
THE advocates of live stock inSpec-
ton claim that the question on the
measure will be carried to the highest
courts, where they feel confident of sue
cess. 1t has already been of great bene-
fit to the health and business of the peo-
pie of the state, and they evidently de-
sire only that the general public shall
withhold positive opinion and not be
Influenced by halfway arguments, until
the law has had time for fair trial. In
the Supreme courts only can the ques-
ton of constitutionality be definitely
settled -