Middlebury register. (Middlebury, Vt.) 1886-1937, 1895-09-06
THAT PIG PEN CASE.

respecting it, we give below the full
text of the opinion, written by Judge
start, emitting only the citations. which
would he of no use to the lay reader:
The Information charges that the re-
spondent kept and maintained a pigpen
within one hundred feet of an inhabited
dwelling house. in violation of regula-
tion made by the State board of health.
10 this Information the respondent de-
INJURED. The demurrer was overruled,
information adiudged sufficient and the
respondent ordered to plead over; to
which the respondent excepted.
No. 93. Sec. 6 of the Acts of 1856, as
amended by No. 50. SEC. , of the Acts
of 1892. provides that the State board of
health shall have authority to promul-
gate and enforce such regulations for
the better preservation of the public
health in contagious and epidemic dis
eases, and regarding the causes which
tend to their development and spread.
as they shall Judge necessary: and any
person or persons or corporation no
glecting or refusing. after having heen
duly notified in writing To- comply with
the requirements of such regulations.
shall. upon conviction thereof. pay To the
treasurer OF the State fine of not les
than twenty-five dollars nor more than
one hundred dollars. Acting under the
authority conferred by these enact
ments. the board of health promulgated
regulation that no pigpen should be
built or maintained within one hundred
feet of any well or spring of water used
for drinking purposes. nor within one
hundred feet of any street or inhabited
house.
The power of the legislature to pre-
vent the Introduction aud spread of in
fectiOus aud contagious diseases cannot
be questioned All property in the
State is. undoubtedly. held subject 10
the reasonable supervision of legislative
authority. 10 al extent necessary to the
reasonable preservation of the puhnc
health. While the necessity and prop
Tiety OF particular regulations are prim-
arily of legislative determination, their
character. whether reasonable. impartial
and consistent with the State policy, is
question for the court. BY the enact
meut in question. the egis lature attempt
ed 70 confer upon the State board of
health power to prOmulgate and enforce
reasonable regulations in respect TO con-
ragious and epidemic diseases and causes
which tend to their development and
spread. If the board of health. i'm pro-
mitigating the regulation in question,
were in the reasonable exercise of the
power attempted To hc conferred upon
them, all plgpenS built or maintained
within one hundred feet of any well or
spring of water used for drinking pun
poses, or within one hundred feet of
any street or inhabited house, must be
regarded as infected with contagious or
epidruir diseases. or causes which tend
to lari development and spread: or,
u'trl such circumstances. ii must be
i.i.lrcd that there are reasonable
grounds for apnrohendiur that they are
thus inf, crnd or are such! causes.
\ regu atiou so general and far-reach-
inc. affecting hu.iucs~ and the use of
property. cannot De held to be reason
able or iuSriiahie unles, there are
reasonable grounds for belief that the
necessary protection of the public health
REQUIRES it, The regulation in question
cannot be held TO he reasonable or iusti-
fable. because some few individuals i'm
the State maintain a pigppn in such a
manner a, To endauGer public health.
10 Justify Dromulgatinr such "A rerula-
ton. there must be reasonable grounds
for apprchending that all nigprns af-
fccted hv ii are. or NAV be. a menace to
public health. 1t cannot be said thar all
pigpens situated within one hundred
feet Of a well or spring of water used
for drinking DurpOseS. or within one
house. endanger public health. or that
there are reasonable grounds for appre-
hending that they do. They may or
may nor thus cndanger the public health.
Very much depends upon the manner of
construction. the way they are kept and
occupied. the means for keeping them
clean the location and surroundings. the
character and Store of the land. their
nearness to or remoteness from thicklv
settled communities. and the existence
or non-eNistence of diseases and causes
Of diseases. 4 pigpen NAV be "a menace
to public health when situated in IA citv
or village. anc perfectly harmless when
situated upon farm: and the fact that
pigpen situated in a city or village is a
nuisance and endangers public health
and ought to he abated. furnishes no
reasonable ground for abating a pigpen
upon farm. which is not "A nuisance
and i'm no way affects the public health.
The regulation, if valid. had the effect