Daily Yellowstone journal. [volume] (Miles City, Mont.) 1882-1893, 1890-05-21
STATES RIGHTS.
The U. S. Supreme Court Rem
ders Another Important Opin-
ion Regarding State Rights.
This Time It is a Minnesota
Law Which is Declared to
be Unconstitutional.
A Minnesota Law Unconstitutional.

A Minnesota Law Unconstitutional.
WASHINGTON, May l9.-The su-
preme court to-day rendered an op,n-
ion holding to be unconstitu itutionsl the
law of Minnesota requiring that all
fresh meats .old ia the state shall be
cut from animals slaughtered within
the state and inspected twenty.fbur
hours before slaughter. The case il
emitted The State ot Minnesota
against HeIry ID. Barbour" and il of
great inerst To the dressed terf
men, who win the case. Barbour was
convicted If selling :re-h beef. slaugh.
tered in Illinois, and which had not
been inspected before slaughter, H. re-
quired by the law Of Minnesota. He
alleged that the law was an unconsti-
tutional interference with Interstate
commerce. The court, Ia an opinion
by Justice Harlan, says: The enact.
ment Of similsr statute by each one
Of the states composing the Union
would result in the destruction Of
commerce among several states, 80 far
M comm, rce IL involved i'm transport
tatiDn from one part Of the country 10
another Of meat designated tor human
food and entirely free from disease.
This act provides that all cattle, sheep
and swine shall be inspected within
twenty -four hours before animals are
slaughtered and that, II such be the
fact, the inspectors shall certify that
the slaughtered animals were found to
he healthy and At for human food.
The sale If meat not taken from in
spec,ed and certified animals Is for
hidden under penalty Of fine or impris.
onment. Az inspection must take
place within twenty -four hours i'm.
mediately preceding the slaug ghtering,
the oct, by Its necessary operation, ex-
cludes from Minnesota markets prac-
tically ell fresh beef, veal, mutton,
lamb or pork 10 whatever form. and
although entirely sound, healthy and
fit for human food. taken from ami
mails slaughtered 10 other state, and
directly tends to restrict the slaughter.
ing Of animals whose meat IL to be
sold in Minnesota for human food. TO
those engaged In such business In that
state. When to this Is added the fact
that the statute. by its necessary oper
alton. prohibits the sale 10 the state Of
fre.h beef. veal, mutton. lamb or fork
from animals that may have been In.
spected carefully and thoroughly In
the state where they were slauR htsred,
no doubt can remain rs to Its effect
upon commerce among several states.
1t will not do to say-certainly no ju-
ditial tribunal can with propriety as
sume-tbat the people OF Minnesota
may not with due regard to their
health, rely upon inspections In other
states Of animals there slau uttered for
purposes Of human food. II the object
of the statute had been to denv alto
gether to the citizens of other states
the privilege of selling within the
limits Of Minnesota. for human food,
fresh beef, veal. mutton, lamb or
pork, from animals slaughtered out.
aide OF the state, even those wholly
free from disease when slaughtered,
and to compel the people Of Minnesota
desiring to buy such meats, either TO
purchase them from animals slaugh-
tered in the state, or to purchase them
when desired for their own domestic
use, at points beyond the state, that
object IL attained by the act In ques
ton. Our duty to maintain the con-
stitution will not permit us to shut
our eyes to those obvious and necessary
results of the Minnesota statute. IL
this legislation does not make such |
against the products
and business of other states in favor
Of the products and business Of Mime.
sofa. a interferes with. and burdens
commerce among several states, II
would te diflcult to enact legislation |
that would have such results. Tho
judgment Of the lower court IL
affirmed.