Middlebury register. (Middlebury, Vt.) 1886-1937, 1895-07-19
The "Plo PEN" CASE

DISPOSED OF BY THE SUPREME COURT.
The supreme court rendered decisions
last Thursday in cases heard at recent
terms. Among those thus disposed of
was the somewhat famous Mddlebury
"pig pen case of State VS.. William
Speyer. Speyer was arrested, and on
trial by the county court last December
convicted of keeping and maintaining a
pig pen contrary to No. u of the regu-
lations promulgated by the State board of
health. which reads: "NO pig pen shall
he built or maintained within 100 feet of
any well or spring of water used for
drinking purposes or within 100 feet of
any street or any inhabited house, 1t
appeared in the trial that the respondent
had been notified by DR.. Smith, the
health officer, that his pig pen was a
nuisance, and that the notification was
accompanied by "A copy of the State
health boards regulations. The supreme
court say that the Judgment of the
county court Is reversed and the respond
ent discharged.
The full text of the decision is not at
hand, but enough is known about It to
show that the supreme court regards
the regulation of the State board
under which the prosecution was insti-
]
private rights. 1t was cOltendcd by the
Messrs. Button, the respondents cOun-
sci, at the hearing before the supreme
court that "a rule that no person shall
build or maintain a pig pen within 100
feet of an inhabited dwelling, street or
well or spring of water used for drink
ing purposes is an unwarranted and un-
reasonable exercise of the police power
of the State. All the property in the
State is, undoubtedly, held subject to the
general supervision of the legislative
authority of the State 70 an extent neces-
sary to the preservation of the public
health But it is equally well settled
that beyond that necessary point the
power cannot be exercised" The court
evidently took this view of the matter.
1t does not say that the State board of
health may not make regulations; but it
does say that these regulations must be
reasonable, and that this particular
regulation is unreasonable.
The following communication explains
itself:
EDITOR OF TIE REGISTER.
Dear Sir Now that the famous pig
pen case of our village has been decided
in favor of the defendant by the su.
preme court, | would suggest "boom'
anu tliau IL Dc SldTleu dU once lot tHe
man who found the "hOle in the law
He ought and by our united help car
be our next town representative. He
is the man we want, not only to helI
mend this hole, but to act with Others
(who. we hope, may be as capable) il
framing "A few other laws which may bt
free of flaws and sound to the core.
AS the matter now stands, we neet
some regulations which will protect 10
cal health officers and village trustees
against being shot or run down by
"white caps" while obeying their superior
officers, the State board. But as i
will be nearly two years before we cal
legsate on matters odoriferous, let u
as wise citizens appeal to our pride ant
conscience, obeyng the first law OF ma
ture, seIf-prOtection, and following tn
golden rule. By so doing can keep no
= only out.buidings but our tempers YER
, sweet, thus avoiding fatal disease ant
: many unfriendly feelings; at the sam
time let not forget the boom.
NJ. ID. SMITH, Health Officer.