Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-03-15
IT KICKS BACK.
Dressed Meat Shipments Not Affect
ed by the Inspection
Law.
Clearly Unconstitutional -lncreased Bur-
den for New Mexico Beef-A
Boomerang.

Aie uleal Inspection law passed by tn
18th legislative assembly turns out to b
a veritable boomerang. Its real objec
was to shut out dressed meats from othe
states and territories and force the con
sumption of home productions under thu
guise of the police power and sanitar,
regulations. Instead of attaining thi
end, however, the law, clearly unconsti
tutional as to dressed meats, places all in
creased burden ON New Mexico grown
beef; for every head of stock slaughtere,
must first be inspected before it reache
the butchers block, while dressed meat
from other states come in SEQ
Tree and go to the consumers
minus the inspection tax. Hence til,
real effect of the law is to place an in
spectlon tax on New Mexico meat, in
creasing its cost to the consumer an,
naturally tending to lessen its consump
ton, while at the same time discriminatin.
III favor OF outside meats t. that exteu
that the latter will be more largely in de
mand than ever. Obviously the law
makers intended the operations of thi,
law should be anything but this, but i
seems that they were mistaken, the in
ter state commerce question proving ,
much more important factor than the,
reckoned on, evidently.
Ihls New Mexico meat inspection bust
ness has stirred up great interest al
| over the country, particularly at the
dressed meat centers of Kansas CITY
Denver, Omaha and Chicago. A promi
nent citizen OF the territory who has re
Gently visited Kansas City and Chicago
states that the dressed meat men of those
cities are up in arms against New Mexic,
over this matter and that a scheme is on
foot to retaliate against the beef raisers Of
New Mexico by organizing bovcol
AGAINST New Mexico cattle coming int
those markets. The following opinion
touching this inspection law was rendered
Yesterday afternoon:
Mr., C. G.. Everhart, Meat INSPECTOR, Santa f,
County, \. NJ.
SANTA FE, n. NJ, March IA, 1889
Sir: Replying to your verbal nquir,
asking my opinion relative to the powers
attempted to be given by the act OF the
18th legislative assembly in the matter of
the inspection of bovine cattle and hogs.
ETC., desire to state that after careful
consideration of the subject am FORGET
to the following conclusions:
First. That so much of the act as
prohibits the selling or offering for sale or
public use of the uncured meat of bovine
cattle and hogs not inspected on the hooi
prior to slaughter, in the county where so
offered, is absolutely null and void, so far
as it affects dressed beef and pork shipped
into the territory.
In certain sections Of the act, unques-
tionably, tho legislature has attempted to
regulate inter state commerce under the
Iuise OF exercising the police power. No
one will deny that the territory may cause
IN inspection of cattle believed to be dis
eased or to have been exposed to infec-
tlous disease, or the meat of such cattle
after slaughter, but it is equally undenia-
Die that the territory can not, under cover
Of exerting this police power, absolutely
prohibit the bringing into the territory of
an article Of commerce.
In the Texas cattle cases, 95 Y. s., 46J,
it was said that while the state NAV, for
the purpose of self protection, establish
quarantine and reasonable inspection
avs, 1T may not, under cover of ex-
ertiny its p6li'.e poHers substanti,llv nro.
hibit or burden eithar forei1n nr ;p pto
state commerce. Can anv ena corta"d
successfully that this mot 3oes not r,ro'
hibit inter state commerce. NJ ono oil,
deny that a large Imsiness Ia done u,
jrs:sod haaf and norI n,h;,h h no" t Al
slaughtered and prepared at points out
this dressed beef and nork into tTe ter.;
tory for purposes of sale or public use Of
any kind whatever ia absolrtaIv nrob;,.
tied, and this prohibition CLEARLY rora.
within the rnle laid down in How oa.
% q. s. 271. and Ok II 9 AK -'''
In the nasse,ver rasea st.t,.o 81
New York which ;nnoseI uno,, r,assoo
yers, officers and sailors ,andino at tho
mort NJ New York cer,o;n nv ~ io
annlied tn the rnainten.nre ~ r, w De
hospital, was declared 70 be reonlst;nn
Of fara;,n conororna rhis ~ .es ui,uI
health law and Vas naasad n,Jor tba
yuise of the police mower and 90 q nroner
.anitary repilation' Rnt Tho com,t b beI,,
Il void herausa 40 Nv uusti,e NfcI onn
aid. "the tax MIGHT have been A. $in
20 INV other s,,m arn n W.. 81, 70 VI F'o
t,ition Of the transnorta,;n,, If NISSAN.
lers: :" and he derIareI "the ,r;nr;nle
involved az vital TO the rom mey,.ial nowar
Of the union" How much stronaar does
his )anguyage annIv in the casa of the
present law v hIch in farms ia ,roh i I'M.
.oryl ~ " p'0'''
In 90 U. s. 2ol, in the oniniou ron.
lered tho n,ssenoar coco. pra ai1,, va