The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-10-28
HANS NELSON'S DAIRY COWS
ARE THE BASIS OF THE TEST
CASE OF THE 1870
LAW.
LEGAL AND TECHNICAL POINTS
Are involved I'm the Issues Presented
to the Court for Its So
luton.

or t~uberculin, as more recent science
has termed the famous Germans dis
covery. was argued before the supreme
court yesterday in the case of the state
against Hans c.. Nelson. Nelson Is a
Minneapolis dairyman, who was ar
rested for selling milk without a Ii
cense. Nelson was convicted, but APP
pealed from the decision Of the mu-
nicipal court in Minneapolis. He COM
plains that the ordinance in effect con-
fscates all diseased cattle or results
in their destruction without providing
that the owner shall receive compen-
sation for such condemned animals.
Counsel also complains that the
is oppressive in this, that no
provision Is made for notice to the
u~nofending milk vendor that he must
procure his milk supply elsewhere
when the party from whom he obtains
his milk refuses to submit to the in
spection and regulations provided for
by the ordinance.
Fe maintains further that the state
law having already regulated the in
spection of diaries and dairy herds
and having provided for the licensing
OF milk vendors, therefore, the city of
Minneapolis had no authority to pass
the ordinance under which appellant
was convicted. And in support Of this
contention he quotes the concluding
section Of the act, which is as follows:
THAT nothing in this act contained
hall affect or interfere with any of
the powers and duties conferred upon
the state dairy and food commissioned
or his deputies and agents by any law
of the state"
Nelson further contends that the or
dinance is invalid in that it permits.
municipal health inspectors to inspect
herds outside Of the territory of the
municipality.
The states brief discusses the new
treatment and it's legal standing at
some length as follows:
The effect of s'tuberculin'' upon the human
patient was carefully watched by Prof. Gut
man, of Dorpat, Russia, and after its use as
a curative agent for consumption had been
abandoned Prof. Gutman was induced to
test it's application as a diagnostic agency
for the detection of consumption among ami
mails. His experimentation led to the estab-
lishment of the following facts: That when
ever "tuberculin" was administered to a
tuberculous patient it produced a character
istic rise in temperature and a rapid accel-
GRAFTON OF the progress OF the disease. 1t at
once became apparent to Prof. Gutman that
such a result could not be invited with i'm
punity in the human patient, but that 1T
was entirely proper to invite such a result
among the dairy animals, if by so doing it
were possible to demonstrate the presence
of SO obscure and dangerous a disease among
such animals. Prof. Gutman, therefore, in
stituted q series of experiments, followed by
a series, Of post-mortem examinations, by
which he learned that his theory was COR
rect, and was also able to point out the feat
ures Of fuctuation in temperature following
the administration of "tuberculin," by which
the presence of consumption could be dem
onstrated, and by which 1t could be distin-
guished from other diseases which are at
tended with a rise in temperature.
In 1892 this valuable discovery by Prof
Gutman was announced to the public, and
since that time it has been generally accept
ed by the veterinary profession throughout
the civilized world. 1t is stated upon relia-
BILE authority, and also appears from tbs
evidence of expert witnesses in this case,
that about 10 per cent of all the deaths oc-
curing in the world from disease, war, fam
inc and every other cause is to be attributed
to consumption in some stage or another, and
it also appears from the evidence that the
disease of consumption can only be con-
tracted in three ways: First, from the spit
tie of a tuberculous patient; second, by eat
ing the meat of a tuberculous animal, and,
third, by drinking the milk from a turber-
culous COW. 1t is. therefore apparent that
if tuberculous animals can be absolutely
eliminated from dairy herds and beef cattle
that two Of the principal and most danger
Gus sources of consumption have been elm
mated. So valuable has the use Of "tuber-
culin" become for the detection of consump-
ton among animals that almost all the gov
ernments of Europe have authorized its use
by their boards of health. During the past
two or three years the use of "tuberculin"
as a diagnostic agency has been adopted by
the bureau of animal industry Of the United
! OldtSS, as well as W lAO L1l1l
sions Of the states Of Pennsylvania, Massa-
chusetts. Vermont, New Hampshire and a
number of other states. So much reliance Is
placed upon the use of "tuberculin" in car
rying on this work of the elimination of dis
eased cattle that DR.. Salmon, chief of the
animal industry Of the United States, has
been sending 'tuberculin' gratuitously to
boards of health in various cities In the
United States.
There is some testimony in the case to the
effect that tuberculin is a toxic or poisonous
product, and that the use of 1t on dairy
herds is followed by gradual diminution in
| the production of milk.
1t was an appreciation Of the great benefit
of the use of "tuberculin' as a practical
diagnostic agency for the detection of tuber-
culosis among dairy herds which give. rise
to the demand for a more thorough xamina-
ton and inspection Of the dairy herds supply
ing milk for sale and consumption within
our cities. Accordingly the legislature, at Its
last session, enacted a law Chapter 203, Laws
city in this state to provide by ordinance
for the inspection OF milk and dairies and
dairy herds kept for the production of milk
within its limits, and to issue licenses, for
which no fee should be charged, for the sale
of milk within its limits, and to regulate
the same. 1t was under this general law Of
the state that the city council of the city of
Minneapolis passed the ordinance under which
appellant was convicted.
The city council, therefore, pursuant to
the power vested in it by an act of the legis-
provided in Section 1 of the ordinance that
ssno person shall sell, yend, deal in, or dis
pose of any milk within the city of Mime
apolis, for any use or purpose whatever, with
out first having obtained a license SO to do
1t cannot be maintained that 1t Is
extra-territorial in it's operation. as
when a nonresident enters the city
to carry on any calling he makes him
self amenable to it's ordinances.
The case was submitted.