The semi-weekly tribune. [volume] (Great Falls, Mont.) 1890-1891, 1890-05-21

WAsHrNerus, May 19.--The supreme
court today rendered an opinion holding
to be unconstitutional the law Of Mime
sota, requiring that all fresh meats sold
in the state shall be cut from animals
slaughtered within the state and inspect
ed "a hours before slaughtered. The
case 10 entitled the the State Of Minneso-
ia against Henry D.Bsrbsr and is Of great
interest to the dressed beef men who,
won the case. The court holds that the
the states.
A. Barber was convicted Of selling fresh
beef slaughtered In Illinois and which
had not been inspected before slaughter
ed a. required by the law of Minnesota.
He alleged that the law was unconstitu-
tional as an interference with interstate
commerce. The court in its opinion de-
livered by Justice Harlan, says:
"The enactment Of such laws by each
one Of the safes composing the union
would result in the destruction of COM
merce among the several states so far as
such commerceis involved In the trans
portatitn from one part of the country to
another Of meat designed for human
food and entirely free from disease. This
act provides that all cattle, sheep and
swine shall be inspected within "a hours
before animals are slaughtered and that
If such be the fact, inspectors shall certi-
fy that slaughtered animals were found
to be healthy and fit for human food.
The sale Of meat not taken from an IN
inpected or certified animal is forbidden
under the penalty of fine or imprlson-
ment. As the inspection must take place
with "a hours Immediately proceeding
slaughtering the act by it's necessary op-
erations excludes from the Minnesota
market practically all fresh beef, veal,
mutton, lamb or pork. "In whatever
form and though entirely sound and
healthy and fit for human food" taken
from animals slaughtered ID ether states
and decidedly tends to limit the slaught-
ering OF animals where meat is to be
sold in Minnesota for human food, ia
those engaged In such business in this
state When to this ID added the fact
that the statute by its necessary opera
tiOns prohibits the sale In the state Of
| fresh beef, veal, mutton, lamb or pork
| from animals that may have been in
| spected carefully and thoroughly IN the
state when they were killed no ,doubtcau
remain az to its effect upon the commerce
of the several states. Certainly no judi
cial tribunal can with rropriety assume
that the people of Minnesota may moi
with due regard to their health rely upor
inspections in other states of ANIMAL
there slaughtered for purposes Of human
food. If the object of the statute ha'
been to deny altogether to CITIZEN
of other states the privilege Of selling
within the limits of Minnesota for human
food, fresh beef, veal, mutton, lamb o.
pork from animals slaughtered outsid'
of that state. SEVEN those wholly fre'
from disease when slaughtered" and Il
compel the people of Minnesota desiring
10 buy such meats either to purchase tina
, taken from animals slaughtered in tn
: state or to purchase them when desire
for their own domestic use at points be
!. yond the state that object is attained b.
, the actin question.
Our duty to maintain the constitutio
will not permit US to shut our eyes to tn
obvious and necessary results of the Mil
nesota statute. If this legislation doe
not make such discrimination against tn
. products and business of other states
: -Efavor Of products and business of Mimi
! sofa as interferes with and burdens cor
' merce among several states, II would |
: difficult to enact legislation that woul
Q have such result. The judgment of q
q lower court is affirmed.